Originally Posted by mouchyn
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
(2) a braking system capable of stopping the device
under typical operating conditions;
(3) a gas or electric motor not exceeding 40 cubic
(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.
Here, you may have a chance. If you remove your pedals and fabricate a deck in it's place where you can stand, you may be able to circumvent the problem of the state not knowing what you're riding. Use a steel plate where it is wide and long enough for you to place your feet on completely (the DECK). Install a pull start so you can start the motor (if it's an in frame Chinese motor). When in front of an officer, ride the bike as if it were a scooter. Stand on one side of the plate and go. You are demonstrating that it can be stood upon under it's own power or by you. The pedal is technically a mechanical assist device and could still be interpreted as a non human assist devise. If all you have is your foot other than the motor, you are good. You have done your best to follow the law as it is written but to no avail. Well....rewrite what you are riding to accommodate the law. I'm not sure if it will work, but who knows? Good luck.