Texas law for engine assisted bicycle

We have an annual motorized bike ralley during the Devine Avocado Festival in November. Search Devine Avocados, Texas Devine Fall Festival Introducing Devine Avocados.
for more information. Would love to have you join us.

The Light Feather Bicycle Company in Houston sponsors the Ralley. Check the website Untitled Page - or search bikebug home page. The photo gallery will show photos of last two years Ralleys. We were featured on the Good Morning San Antonio morning show on WOAI Radio and Channel TV 4 news.

Free T Shirt - "International Bike Bug Brotherhood" to all Motorized Bicycle Riders in the Paradre - Last year we llead the paradre and had a blast.

Mike Schneider
713 962 2681

I investigated this before I ordered my engine kit yesterday, and this is what I came up with.

This is from Texas House Bill 1596 Legislative Session 79(R)

SECTION 3. Chapter 551, Transportation Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS
Sec. 551.351. DEFINITION. In this subchapter, "motor-assisted scooter" means a self-propelled device with:
(1) at least two wheels in contact with the ground
during operation;
(2) a braking system capable of stopping the device
under typical operating conditions;
(3) a gas or electric motor (750W max) not exceeding 40 cubic
centimeters;
(4) a deck designed to allow a person to stand or sit
while operating the device; and
(5) the ability to be propelled by human power alone.

Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS.
(a) motor-assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The motor-assisted scooter may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.
(b) county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
(c) The department may prohibit the operation of a motor-assisted scooter on a highway if it determines that the prohibition is necessary in the interest of safety.
(d) person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk.
Except as otherwise provided by this section, a provision of this title applicable to the operation of a bicycle applies to the operation of a motor-assisted scooter.
(e) provision of this title applicable to a motor vehicle does not apply to a motor-assisted scooter.

SECTION 4. Section 551.302, Transportation Code, as added by Chapter 1325, Acts of the 78th Legislature, Regular Session, 2003, is repealed.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section
39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.

Along with this is are all the other laws concerning standard bicycles, and electric assisted bicycles with a speed limit under motor power not to exceed 20 or 25 mph (I forget wich, I'll have to look that one up again, but its the same limit for the electric assist). Also with the 40cc limit is a 2hp limit. Since there are no stampings on the engine and I try to stay within all the other rules and regulations, I hope to pass my 50cc off as a 40cc. I would of liked to have purchased the 80cc, but I don't think that I could pass that one off. I'm thinking of getting a hold of a stamping kit and putting some numbers and 40cc on the block. If the engine exceeds these limits then the bicycle must be fully outfitted with all the lights, brake, turn etc., must be registered, tagged and inspected, (that includes having to carry liability insurance) and you must posses a moped or motorcycle license.

And possibly the assumption of "motor assisted scooter" is wrong and there are no regulations concerning them other than what the Feds have on them, I'm not taking the chance and keep within those limits, or at least to have the appearance of keeping within those limits. Surely if a "scooter" can be allowed to operate in such manner, a bike certainly should be able to.

I know these vehicles that we are putting together can obtain speeds in excess of 30 MPH.
Mopeds which must be registered and inspected (and along with that is insurance and driver's license) for road use, has its legal limits. Given one mile on a flat level surface it can not accelerate and exceed 30 MPH from a dead stop.

This is the law that the city cop was showing me in his book. He told me the bike didn't meet this criteria because I didn't have the deck to stand on. I told him I had a bike not a scooter. He told me then that there was nothing in his book about bicycles so my question was, then how can it be illegal if it's not in "the book". He told me he wasn't going to give me a ticket, but if I kept riding it I might get into some trouble.............

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Because of the engine displacement, horse power, and obtainable speeds, these motorized bicycles could be classified as motorcycles here in Texas.

Yep they sure could. But if you classify it as a motorcycle then you have to have full lights, license plates, insurance, safety inspection. If I was going to go through all that trouble I'd just buy a small motorcycle...............

__________________
There are only 10 kinds of people in this world. Those that understand binary and those that don't............

Become a Forever Family, it'll change your life.
http://www.galtx.org/

http://bdconner.com

I am going to try and stay under the radar by stamping the engine as you have, and following all the regulations of the electric-assisted bikes, but in reality these bikes are not street legal. If the officer wanted to, he could throw the book at you and you could be fined more than $500.00.

I am even considering selling my engine kit before I receive it, but I want to do the build and play with it. If I should have problems with the locals I will probably be posting a FOR SALE poster at the local RV parks, and let someone from out of state take it home where it could be used.

Hey 15rms that's good to know. I'm in Spring also and about to order two kits. I read all the moped laws and thought we were safe with a motorized bike.

It over in another thread but looks like DPS has commented on these things..

See

Now: Motorized bikes not your typical motorcycle | smith, bikes, bike : TheMonitor.com

um im a dealer the law states in code 551.301 in there that a bike no more then 40cc and no faster then 40mph is legal electric is 750watt and no more then 35mph and not to be more then 100pounds

is free to drive around