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Texas law for engine assisted bicycle


Discussion at Motorized Bicycle Engine Kit Forum in the Laws and Legislation forum. that is right and yet so wrong in tx state code 551.301 it states that if under 40cc and ...
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  #41 (permalink)  
Old 08-02-2008, 12:44 PM
badpenny's Avatar
Motorized Bicycle Apprentice
 
Join Date: Aug 2008
Posts: 13
Default Re: Texas law for engine assisted bicycle

Quote:
that is right and yet so wrong in tx state code 551.301 it states that if under 40cc and under 40mph you do not need a dl or insurence or tags and plates txdot and dps really dont know a thing yet plus i have had help from all the local cops here and have told me that them selfs
And once again, we are back to the part that will continuously start (obviously) an arguement and is basically determined/limited by your lawyers ability to argue and persuade a judge in a court of law. Because if you want to continue to ignore the phrasing and verbage to support your "right to a motorized bike" The arguement will always stand, "It has a motor, it is to be licensed"


I didn't sign up to be told that I was wrong, nor am I admitting my ignorance toward the laws of the state of Tx, but the one thing I do know, It mainly depends on the tolerance level of the community and/or local authority of where you live, whether or not you will be fined. Either way, I like the idea of a bicycle with a motor on it. I want one to run back and forth to the fastfood joint with.
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  #42 (permalink)  
Old 08-02-2008, 04:15 PM
turbo/chaos's Avatar
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Location: college station tx
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Default Re: Texas law for engine assisted bicycle

yo sorry never ment to insalt but evry one i deal with gose to the txdot or dps and they just look at them like they are stupid for asking that qestion and then i tell them to go back up ther with the state code and then out of nowhere a new law comes falling from the sky and they all say the same thing wow this is new and never new that this was here
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  #43 (permalink)  
Old 08-02-2008, 07:04 PM
badpenny's Avatar
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Default Re: Texas law for engine assisted bicycle

No harm done. But thankyou for posting up the State code. Now from what I have gathered, you need to be looking at
§ 551.301. DEFINITIONS. In this subchapter:
(1) "Neighborhood electric vehicle" means a vehicle
subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R.
Section 571.500).
(2) "Motor assisted scooter":
(A) means a self-propelled device with:
(i) at least two wheels in contact with the
ground during operation;
(ii) a braking system capable of stopping
the device under typical operating conditions;
(iii) a gas or electric motor not exceeding
40 cubic centimeters;
(iv) a deck designed to allow a person to
stand or sit while operating the device; and
(v) the ability to be propelled by human
power alone; and
(B) does not include a pocket bike or
minimotorbike.
(3) "Pocket bike or minimotorbike" means a
self-propelled vehicle that is equipped with an electric motor or
internal combustion engine having a piston displacement of less
than 50 cubic centimeters, is designed to propel itself with not
more than two wheels in contact with the ground, has a seat or
saddle for the use of the operator, is not designed for use on a
highway, and is ineligible for a certificate of title under Chapter
501. The term does not include:
(A) a moped or motorcycle;
(B) an electric bicycle or motor-driven cycle, as
defined by Section 541.201;
(C) a motorized mobility device, as defined by
Section 542.009;
(D) an electric personal assistive mobility
device, as defined by Section 551.201; or
(E) a neighborhood electric vehicle.

Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1325, § 19.07, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 281, § 2.86, eff. June 14, 2005.

Text of section as amended by Acts 2005, 79th Leg., R.S., Ch. 1242,
§ 2

For text of section as amended by Acts 2005, 79th Leg., R.S., Ch.
281, § 2.86, see other § 551.301.


§ 551.301. DEFINITION. In this
subchapter, "neighborhood electric vehicle" means a vehicle
subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R.
Section 571.500).

Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1325, § 19.07, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 1242, § 2, eff. June 18, 2005.


§ 551.302. REGISTRATION. The Texas Department of
Transportation may adopt rules relating to the registration and
issuance of license plates to neighborhood electric vehicles.

Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003.


§ 551.303. OPERATION ON ROADWAYS. (a) A neighborhood
electric vehicle may be operated only on a street or highway for
which the posted speed limit is 35 miles per hour or less. A
neighborhood electric vehicle 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) A county or municipality may prohibit the operation of a
neighborhood electric vehicle on a street or highway if the
governing body of the county or municipality determines that the
prohibition is necessary in the interest of safety.
The Texas Department of Transportation may prohibit the
operation of a neighborhood electric vehicle on a highway if that
department determines that the prohibition is necessary in the
interest of safety.

Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003.


§ 551.304. APPLICATION OF SUBCHAPTER TO POCKET BIKE OR
MINIMOTORBIKE. This subchapter may not be construed to authorize
the operation of a pocket bike or minimotorbike on any:
(1) highway, road, or street;
(2) path set aside for the exclusive operation of
bicycles; or
(3) sidewalk.

Added by Acts 2005, 79th Leg., Ch. 281, § 2.87, eff. June 14,
2005.


This is what I meant by having a lawyer that can argue/persuade the judge. I meant no bad feelings, nor have I fealt any. Now I know where to find it, now we need to write in to get this law iron clad.

SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS


§ 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 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.

Added by Acts 2005, 79th Leg., Ch. 1242, § 3, eff. June 18, 2005.


§ 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. (a) 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) A 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.
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) A 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) A provision of this title applicable to a motor vehicle
does not apply to a motor-assisted scooter.

Added by Acts 2005, 79th Leg., Ch. 1242, § 3, eff. June 18, 2005.

Last edited by badpenny : 08-02-2008 at 07:09 PM. Reason: additional info found
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  #44 (permalink)  
Old 08-02-2008, 11:02 PM
turbo/chaos's Avatar
Senior Motorized Bicycle Builder
 
Join Date: Jul 2008
Location: college station tx
Posts: 73
Default Re: Texas law for engine assisted bicycle

Quote:
Originally Posted by badpenny View Post
§ 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 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.

Added by Acts 2005, 79th Leg., Ch. 1242, § 3, eff. June 18, 2005.


§ 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. (a) 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) A 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.
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) A 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) A provision of this title applicable to a motor vehicle
does not apply to a motor-assisted scooter.

Added by Acts 2005, 79th Leg., Ch. 1242, § 3, eff. June 18, 2005.
ahh here we go this is the go stuff right here so its 551.351 ok but yes they are legal

but to say its still alot of grey zone if you ask me
__________________
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dax 65cc type d top speed stock 50mph

PK 1st gen speical edition top speed 50mph 40t stock kit 10k later dead
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  #45 (permalink)  
Old 08-02-2008, 11:40 PM
Saddletramp1200's Avatar
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Join Date: May 2008
Location: Corpus Christi, Texas
Posts: 705
Default Re: Texas law for engine assisted bicycle

Yea! M.I.B. movie, don't start none, and there won't BE none. Ride safe don't cause undue attention to yourself, and when your sure no one is looking, RIDE IT LIKE YOU STOLE IT! We are at a very nice place right now.
We have the oppertinity to look good, or bad. Heroes or villans. Wave at old people, obey the traffic laws, and have a ball. Later Tramp
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  #46 (permalink)  
Old 08-06-2008, 08:37 PM
Motorized Bicycle Builder
 
Join Date: Jul 2008
Posts: 21
Default Re: Texas law for engine assisted bicycle

Guys, I have spoken directly with the MVD and the rules that are posted regarding our mode of transportation have been rescinded.

Info is from Brad Bray and Molly Cost

Look em up
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  #47 (permalink)  
Old 09-27-2008, 02:16 AM
turbo/chaos's Avatar
Senior Motorized Bicycle Builder
 
Join Date: Jul 2008
Location: college station tx
Posts: 73
Exclamation holy crap

ok guys here in college station the campus precent 3 is now inforceing and stoping and harasing any one who rides a mb

a man named spencer jials is behind it all who is with the town comity
(i cant spell right now on meds)

but they are trying to get it passed that they will be forced to get all things to be a motorcycle Fing BS striaght up BS if you ask me but they are going with the motor assited scooter thing but you most prove you have all that it ask for in the code

so im working on it and also i have a meating with spencer in two weeks to show him a MB in person b/c he said he has never seen one

any one in texas care to petion the things that they are doing well join in because if it happens here it could be comeing to you soon
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dax 65cc type d top speed stock 50mph

PK 1st gen speical edition top speed 50mph 40t stock kit 10k later dead
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  #48 (permalink)  
Old 10-04-2008, 04:35 PM
Motorized Bicycle Apprentice
 
Join Date: Oct 2008
Posts: 1
Default Re: Texas law for engine assisted bicycle

(2) "Motor assisted scooter" means a self-propelled device with:
(A) at least two wheels in contact with the ground during operation;
(B) a braking system capable of stopping the device under typical operating conditions;
(C) a gas or electric motor not exceeding 40 cubic centimeters;
(D) a deck designed to allow a person to stand or sit while operating the device; and
(E) the ability to be propelled by human power alone.
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  #49 (permalink)  
Old 10-30-2008, 08:19 PM
Senior Motorized Bicycle Builder
 
Join Date: Oct 2008
Location: austin tx
Posts: 61
Default Re: Texas law for engine assisted bicycle

It's gotta depend on where in texas you live. In ATX, hardly anyone cares. but elsewhere they might throught the book at you.
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  #50 (permalink)  
Old 11-01-2008, 12:07 AM
Saddletramp1200's Avatar
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Join Date: May 2008
Location: Corpus Christi, Texas
Posts: 705
Default Re: Texas law for engine assisted bicycle

Guys, you keep raising cain and you will force the idiots to "do" something about it. I rode again today with three bicycle police oficers and they like the bike, and me.
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