Illinois resisdents please enter

Did you have lights and operate it within speed limit, which is 20?

I was "flagged" over this weekend tootling around some neighborhood streets. Evidently the officer lived a few houses away and saw me. He rolled up and told me the same thing "you need to get that thing registered in case someone complians". I explained what I understood as the law: 20MPH, 49cc, etc. and he explained that those things didn't matter. He then went on to tell me that even the little pocket bikes are required to have a registration. OK guy.. I just smiled, said oh, pedaled off and throttled it. Note to self, stay out of that sub-division!

I don't know if it's to late to respond to this posting, but here is the actual Illinois statue for motorized bikes.
The webpage is Illinois General Assembly - Illinois Compiled Statutes

(625 ILCS 5/11‑1516)
Sec. 11‑1516. Low‑speed bicycles.
(a) A person may operate a low‑speed electric bicycle or low‑speed gas bicycle only if the person is at least 16 years of age.
(b) A person may not operate a low‑speed electric bicycle or low‑speed gas bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway.
A person may not operate a low‑speed electric bicycle or low‑speed gas bicycle on a sidewalk.
(d) Except as otherwise provided in this Section, the provisions of this Article XV that apply to bicycles also apply to low‑speed electric bicycles and low‑speed gas bicycles.
(Source: P.A. 96‑125, eff. 1‑1‑10.)

I was chatting with a local cop at the gas station while filling up my 4 stroke and though he was incorrect in what he thought was the specifics of the law he did cause me to research the laws in Illinois better. The basic points are:

1) you must have a valid license. either class D(car) or Class L. Sorry DUI/license suspension drivers. (150cc or lower and only would apply if you didn't already have a class D)

2.) Under 30 Mph and under 50cc you must still get it registered, plated and insured to operate on public roadways. In fat anything with an I.C.E. going down a public roadway by default needs a plate/insurance. Their are a few exceptions but MB's do not qualify.(the key point to the 50cc rule people are mistaken on is under 50cc you don't need a special driver's license, above you need a class L or M)

3.) Helmet is optional but eye protection is required in Illinois.(visor-less bike helmet would still require eye protection)

4.) Headlight/taillight required at night.

Link to a good article on the subject. Motorized bicycles sometimes cross moped line, police say

Essentially you better at least go get that license plate to stop the cop from having a reason to pull you over. I know when my spring student loan comes in I'm going to register mine. Not worth a ticket.
At least I have the headlight/tail light thing covered, even have turn signals.

From what I understand they put something into the IL vehicle code in the last year or so that covered MB's.
You need to be at least 16 years of age (no DL required)
You can NOT operate on any sidewalk
You can NOT exceed 20MPH
Your bike needs to be originally manufactured as a bicycle
If you follow those rules then you are legal, and all the laws that normally apply to a bicycle also apply to your MB. (lights, safety etc)

Here is the section of the vehicle code that applies:

Illinois Vehicle code (625 ILCS 5/11-1516)
Sec. 11-1516. Low-speed bicycles.

(a) A person may operate a low-speed electric bicycle or low-speed gas bicycle only if the person is at least 16 years of age.

(b) A person may not operate a low-speed electric bicycle or low-speed gas bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway.

(c ) A person may not operate a low-speed electric bicycle or low-speed gas bicycle on a sidewalk.

(d) Except as otherwise provided in this Section, the provisions of this Article XV that apply to bicycles also apply to low-speed electric bicycles and low-speed gas bicycles.

That is taken directly from the most recent IL Vehicle code, so the cop at the gas station gave you bad information and he needs to get his information up to date. That doesn't mean he wont still trouble you, or even ticket you for your MB, he will probably go by what he see's as the law. Best to be educated and reference the IL Vehicle code when you run up against a cop like that. This law went into effect fairly recently, so some cops might not be aware of it. It's a good idea to have reference to the law with you in case you run up against a cop that isn't aware, or just has a bug up his @ss to mess with you.
I personally put about 1000 miles on my mb this year in IL, never was bothered by a cop. Then again, I do follow these laws, I ride safely, my bike isn't too loud, and I don't make a nuisance of myself in traffic....

The key thing to note though is you still must have the bike registered with the state is it has a gas motor on it and you run on the roads and you must also have insurance. The cop did try quoting the under 20 mph laws to me and I hadn't heard of them so I guess he was right in that regard, the other info I have looked up myself. I think what Illinois Vehicle code (625 ILCS 5/11-1516) is meant to do is allow someone without a license operate a MB below 20 MPH without a license. However all you need is a cop that will listen to the DA when he's told to testify your bike was going over 20 MPH and then you get nailed if you don't have a valid license. As far as I've read in the Illinois vehicle code if you have a gas motor driving anything down a roadway it MUST be registered/plated/insured.

Here is a good explanation of the exception and how it does and doesn't apply. Police explain law on motor-driven bikes - Kewanee, IL - Star Courier

And an explanation in a bit more detail about the titling/insurance requirements. http://http://www.ehow.com/list_7366592_illinois-laws-gas-powered-scooters.html

A bit more from DMV.org Illinois Other Types of Motorcycles - IL Scooter & Moped Info at DMV.org: The Unofficial DMV Guide

One good bit of news in Illinois is as of January 1rst 2011 Motorcycles and bicyclists only have to wait 2 minutes at a red light that won't change due to sensors not detecting you before being allowed to ignore the red light if safe to do so.

If one law says you don't need a license, as long as it's not OPERATED over 20mph, then you don't need one.. No matter what other laws there are..
If a cops testifies in court that you were going over 20, I would ask to see the radar log, dash cam video AND all documentation as to when it was last calibrated. (Radar guns are only accurate with 1mph when still and 2mph when not..)
If they can't produce that, then it's "hearsay".. And you automatically won!

Here is a vid referenced in your first link...
(It's kinda funny.. FYI.. There is a curse word or two in it)..

Galesburg Man gets bicycle towed for dui - YouTube

Kahlas said:

The key thing to note though is you still must have the bike registered with the state is it has a gas motor on it and you run on the roads and you must also have insurance. The cop did try quoting the under 20 mph laws to me and I hadn't heard of them so I guess he was right in that regard, the other info I have looked up myself. I think what Illinois Vehicle code (625 ILCS 5/11-1516) is meant to do is allow someone without a license operate a MB below 20 MPH without a license. However all you need is a cop that will listen to the DA when he's told to testify your bike was going over 20 MPH and then you get nailed if you don't have a valid license. As far as I've read in the Illinois vehicle code if you have a gas motor driving anything down a roadway it MUST be registered/plated/insured.

Here is a good explanation of the exception and how it does and doesn't apply. Police explain law on motor-driven bikes - Kewanee, IL - Star Courier

And an explanation in a bit more detail about the titling/insurance requirements. http://http://www.ehow.com/list_7366592_illinois-laws-gas-powered-scooters.html

A bit more from DMV.org Illinois Other Types of Motorcycles - IL Scooter & Moped Info at DMV.org: The Unofficial DMV Guide

One good bit of news in Illinois is as of January 1rst 2011 Motorcycles and bicyclists only have to wait 2 minutes at a red light that won't change due to sensors not detecting you before being allowed to ignore the red light if safe to do so.

Click to expand...

What SANGESF said...
...and the part about registering and insuring it because it has a motor, here is the sticking point. If it was originally manufactured as a bicycle it was never issued a VIN Number or title, therefore it can not and need not be titled, plated and insured. The laws that apply are the bicycle laws and the section specifically added to the vehicle code to cover bicycles with electric or gas motors added. Gonna be a long day at the DMV trying to register a bike with no VIN number......

I wouldn't trust my hard earned money on the gamble that a judge would rule a officer of the law's testimony as hearsay. Why try and skirt through loopholes in the law that might snag you up later down the road when it's pretty simple to keep it legal. If enough people start breaking laws or skirting on the edge of them then the only thing the government knows how to do is make the laws harsher and the same with the penalties. I have every intention of getting my MB plated and insured as soon as possible.
Actually I'm toying with the idea of trying to get a bit more speed out of it and getting a class M or L license since the loophole I thought existed when I bought the motor(that is no need for plates, license, or insurance) doesn't exist the way I thought it did. I say bring on the 45 MPH 66cc cruisers. I'm sure someone makes a set of rims/brakes that's up to the job.

SANGESF said:

Here is a vid referenced in your first link...
(It's kinda funny.. FYI.. There is a curse word or two in it)..

Galesburg Man gets bicycle towed for dui - YouTube

Click to expand...

Here's the deal, and I will put it planely...
ALCOHOL is the problem here and not a motorized bike! Cops don't like the idea that people think they can scoot home from the bar drunk on a motorized bike and get away with it. In fact, you cant. Even without a motor on a bicycle you can get a DUI and your bike impounded. Cops also don't like the idea that people with suspended drivers license (usually for DUI) can ride a bike with a motor, legally, so if you have history with local police (DUI) and they see you riding a MB you are more likely to be harassed than somebody who doesn't (have DUI history with the cops, yes, I know its harassment) The reason why this bike was towed was probably due to the gas tank on the bike, if it were a bicycle they would probably have thrown it in the back of a police vehicle I would guess.
At any rate, don't park your bike outside a bar and get hammered then drive home, the cops are gonna be gunning for you, and you're gonna get harassed if they get ahold of you and think you have been drinking. period.

nightcruiser, if you can get a VIN for a custom built trailer, custom built motorcycle trike, and even a custom motorcycle, you can get a VIN for a modified bike. From what I've read the factory serial number is used in some states and in others the state charges you a few bucks to "buy" a VIN number for the bike.
The moment you put a motor on it bicycle laws no longer apply exactly. Same way as if you were to put a 350 and some wheels on a couch it wouldn't be considered a couch anymore. You guys do what you want and believe what you want I'm just trying to be helpful not here to force any ideas or beliefs on anyone.

There is no gamble...
IL. State laws states what you need..
They have to PROVE you were doing over 20mph.. Someone (Don't care if it's a cop or not) SAYING you did, is NOT proof. Humans can not determine speed accurately by sight...
It might not be "heresay", but it definitely is not proof, any 1st year law student could tell you that. (Not saying I'm one, just sayin..)

Yeah, DUI applies to bicycles in almost every state, if not all.

IF you can get a VIN for your bike and you have a license.. Go for it.. If you don't have a license, don't register it and make sure to go under 20...

If you have a DUI and the cop(s) in your town know this, DEFINITELY do not go over 20 and do NOT drink and ride..

On a side question... Does IL. Have an implied consent law?

If they were going to require a MB to be titled, plated, insured, don't you think they would put that in the vehicle code they added specifically to cover MB's?
I contend, drive sober and follow the few simple rules added in the vehicle code for MB's and you wont have any problems in IL....

"Well your honor I calculated his speed by following behind him and looking at my calibrated speedometer that's how I know he was doing 25."
Next time you get a chance to look at someone's ticket in Illinois look for the box were it shows how the speed of the vehicle was determined, there is a space there for "pacing"

Okay tell you guys what, I just sent a PM on Facebook to my high school/army buddy who is the chief of police in Ladd. He'll give me a straight answer and I'll pass it on. Also asked him to look up the actual laws so we can all read them.

Kahlas said:

"Well your honor I calculated his speed by following behind him and looking at my calibrated speedometer that's how I know he was doing 25."
Next time you get a chance to look at someone's ticket in Illinois look for the box were it shows how the speed of the vehicle was determined, there is a space there for "pacing"

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20MPH and the top speed of these bikes is not that far apart, so he would have to pace you at WOT after you're up to speed. If you're going WOT with a cop behind you and you know the speed for you is 20MPH good luck too yah. Other than that you would have to get surprised at WOT by a speed trap. Really, just drive right and you should be within the law pretty much, if you are outside the law (speed wise) it's not gonna be by much, and likely within the margin of error of any non electronic speed detection method, which you could argue in court if it came to that....

Kahlas said:

Okay tell you guys what, I just sent a PM on Facebook to my high school/army buddy who is the chief of police in Ladd. He'll give me a straight answer and I'll pass it on. Also asked him to look up the actual laws so we can all read them.

Click to expand...

The IL State Vehicle Code is the ACTUAL LAW..... LOL