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Laws and Legislation Share you knowledge of the laws pertaining to your state on motorized bicycling in this forum

Illinois


Discussion at Motorized Bicycle Engine Kit Forum in the Laws and Legislation forum. Or "No one under five feet six inches tall allowed in public buildings"....
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  #11 (permalink)  
Old 06-05-2008, 04:24 PM
Bikeguy Joe's Avatar
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Default Re: Illinois

Or "No one under five feet six inches tall allowed in public buildings".
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  #12 (permalink)  
Old 06-05-2008, 04:27 PM
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Location: ELGIN, IL
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Default Re: Illinois

Quote:
Originally Posted by Bikeguy Joe View Post
Or for that matter, "No motorcycles allowed".
I completely agree with you. But if the ordinance is in place, it's the law. I'm anxiously awaiting a response from SOMEONE there.

Warner
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Old 06-05-2008, 04:33 PM
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Default Re: Illinois

Laws can be challenged. You can't just say "No one allowed in three piece suits."
I'm no lawyer, but I know that certain laws are put in place by folks who want to have things their way, regardless of legality.
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Last edited by Bikeguy Joe : 06-05-2008 at 04:38 PM.
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Old 06-05-2008, 04:39 PM
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Default Re: Illinois

What happens to unsuspecting people who would say, ride into town on a small LEGAL scooter like an Elite CH80 of other?
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Old 06-06-2008, 08:15 AM
Motorized Bicycle Newbie
 
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Default Re: Illinois

Quote:
Originally Posted by Bikeguy Joe View Post
Laws can be challenged. You can't just say "No one allowed in three piece suits."
I'm no lawyer, but I know that certain laws are put in place by folks who want to have things their way, regardless of legality.

Laws CAN be challenged for sure. It usually only takes 3 things....money, money, and more money. Hehe. I did hear back from one of the councilmen, with what sounded to me like he was washing his hands of it. Here was his response:

"Mr Sxxxxxxxxx,

I have forwarded you e-mail to the city legal department. They are better suited to handle your problem."


Sounds like a blow-off to you guys? I replied thanking him for the response and letting him know that I look forward to hearing from the city's legal department on the issue. Not holding my breath, but we'll see what happens.


Warner
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Old 06-06-2008, 08:40 AM
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Definitely sounds like they blew you off. Typical.
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Old 06-06-2008, 09:57 PM
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Default Re: Illinois

I just purchased a kit, I'll be riding to work regardless. Local ordinance tickets are probably much less than gas or traffic citations.

I'm sure the reason for the law is to provide more income from registration, gas and traffic taxes.

Thank you very much for writing to the Secretary of state on this. It's probably going to take more than one email from multiple people to get any kind of response. If you wouldn't mind posting the email address you used i'll gladly send a message of my own.
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Old 06-07-2008, 12:38 AM
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Default Re: Illinois

Quote:
Originally Posted by pmbassist View Post
I just purchased a kit, I'll be riding to work regardless. Local ordinance tickets are probably much less than gas or traffic citations.

I'm sure the reason for the law is to provide more income from registration, gas and traffic taxes.

Thank you very much for writing to the Secretary of state on this. It's probably going to take more than one email from multiple people to get any kind of response. If you wouldn't mind posting the email address you used i'll gladly send a message of my own.

I just clicked on a button to send the e-mail to the Secretary of State. You can find it here:

https://www.ilsos.gov/ContactFormsWe...y_contact.html



Actually, it's $100 per incident. I would LIKE to think that they'd leave us alone, but don't want to bet the price of the kit that I want (over $700) and the cost of the ticket ($100 to start), AND all the BS I'd hear from my wife on it! Here's the specific wording of the ordinance in Elgin:


11.45.030: IMPOUNDMENT:

A motor driven or electric cycle operated in violation of this chapter shall be subject to seizure and impoundment under this section. The owner of such motor driven or electric cycle shall be liable to the city for a penalty of one hundred dollars ($100.00).

A. Whenever a police officer has probable cause to believe that a motor driven or electric cycle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the removal of the motor driven or electric cycle to a facility controlled by the city or its agents. When the vehicle is impounded, the police officer shall notify the person who is found to be in control of the motor driven or electric cycle at the time of the alleged violations, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under this section.

B. Whenever the owner of a motor driven or electric cycle seized pursuant to this section requests a preliminary hearing within twelve (12) hours after the seizure, a deputy police chief of the city or his designee shall conduct such preliminary hearing within twenty four (24) hours after the seizure, excluding Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing. If, after the hearing, the deputy police chief or his designee determines that there is probable cause to believe that the vehicle was used in a violation of this chapter, he shall order the continued impoundment of the motor driven or electric cycle as provided in this section unless the owner of the vehicle posts with the city a cash bond in the amount of one hundred dollars ($100.00). If the deputy police chief or his designee determines that there is no such probable cause, the motor driven or electric cycle will be returned without penalty or other fees.

C. Within ten (10) days after the motor driven or electric cycle is seized and impounded pursuant to this section, the city shall notify by personal service or by certified mail, return receipt requested, the owner of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be scheduled and held, unless continued by order of the court or hearing officer, no later than thirty (30) days after the motor driven or electric cycle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If after a hearing, it is determined by a preponderance of evidence that the motor driven or electric cycle was used in violation of this chapter, the motor driven or electric cycle shall continue to be impounded until the owner pays a penalty of one hundred dollars ($100.00). The penalty shall be a debt due and owing the city. However, if a cash bond has been posted the bond shall be applied to the penalty. If it is determined at a hearing that the motor driven or electric cycle was not used in violation of this chapter, the motor driven or electric cycle or cash bond shall be returned without penalty or other fees.

D. Any motor driven or electric cycle that is not reclaimed within thirty (30) days after the expiration of the time during which the owner may seek judicial review of the city's actions under this section, or the time at which a final judgment is rendered in favor of the city, or the time a final administration decision is rendered against an owner who is in default, may be disposed of as an unclaimed motor driven or electric cycle as provided by law. (Ord. G81-03 § 1, 2003)


Good luck and let me know how it works out for you!

Warner

Last edited by warner : 06-07-2008 at 02:28 AM.
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  #19 (permalink)  
Old 06-09-2008, 10:14 PM
Motorized Bicycle Newbie
 
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Default Re: Illinois

"YOU REALLY SHOULD READ & PUT SOME THOUGHT INTO IT"

Dear all, I will be around to follow up on this. I will also have a more definative idea later.


Unfortunately, in a lot of places these bikes are illegal or restricted. I dont understand why a small 33cc golden eagle bicycle kit would not be allowed in some states. it is not fair to people who enjoy riding a bicycle, but because of bad knees or what ever- they have to give the hobby up. mopeds are great, but only if you are capable of coming up with the money. what it cost to buy a moped, most people have to set aside for emergency money. lot of people are just too poor or hard up to even buy something that will save them money.

Strange thing is that those little bike kits arent given the same consideration as the electric ones. electric is good, but not always feasable.

I do know one thing. Our main stream society really doesnt like motored bikes or mopeds. A lot of states pass discouraging laws for that reason..

They say the majority rules this country. I think that the "majority rules" thing stinks. A closed minded majority runs our country while the silent minority continues to shut up.

There is absolutely no reason why every state couldnt be open to a small 33cc bicycle engine for older or not such good of shape people who just dont want to give up cycling.
Furthermore, a country that has such manipulative legislation to bring about desired social results, is not a free country.....

Oh well, i guess you have deny some freedoms for the benefit of so called safety and the convienance of drivers and pedestrians who dont like having motored bicyclists around.....


We really should band together and change this. There is no reason that a small 33cc engine kit could not be considered a consumer product just like the electric kits.

Oh yeah, I almost forgot! anything powered by gas is classified as a motor vehicle.....
Does that mean a hedge trimmer is not a consumer product and therefore needs a liscense plate in order to trim a damn bush!?

Think about. Our apathy has alot to do with why we not a real free country, among other things.

Jason
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  #20 (permalink)  
Old 06-10-2008, 09:16 AM
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Default Re: Illinois

Bikeguy Joe..ing under the radar for 35 years.
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