Splitting Hairs in OREGON: Need other source

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pnwfoodguy

New Member
May 23, 2014
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Portland, OR
So I'm doing this 35cc build in OR and its a little screwy here. In fact, the law is a little lucid. In order to put a motor on a bicycle it needs to be 35cc. Otherwise, after that its a moped which entails you basically being a "manufacturer" and needing to get a VIN#, insure it, register it, etc.

I just had a long talk with the Sergeant of the Traffic Police here in a major city in Oregon. He said i could put a Honda GX35 on my bike and I'm "good to go". I even sent him a picture of the proposed bike set up and a link to the Honda small engine website. It would be considered a motorized scooter. However, I think he's wrong.

*See laws below. I am trying to think like a judge so any of you legal eagles pitch in here. The Honda GX35 is actually 35.8cc. I know it seems like splitting hairs, but I think TECHNICALLY its too big. One could argue that 35cc could mean 35.0-35.9cc but I don't want to be standing in front of judge explaining this. I could use a Honda GX25 but I'm afraid it would just be too small. The Subaru-Robin would be fine but now they are hard to find and VERY expensive if you do. Any suggestions or comments?

GX35>> https://engines.honda.com/models/model-detail/gx35

Also isn't it evident that the moped laws states "including any bicycle equipped with a power source"?

801.345 “Moped.” “Moped” means a vehicle, including any bicycle equipped with a power source, other than an electric assisted bicycle as defined in ORS 801.258 or a motor assisted scooter as defined in ORS 801.348, that complies with all of the following:
(1) It is designed to be operated on the ground upon wheels.
(2) It has a seat or saddle for use of the rider.
(3) It is designed to travel with not more than three wheels in contact with the ground.
(4) It is equipped with an independent power source that:
(a) Is capable of propelling the vehicle, unassisted, at a speed of not more than 30 miles per hour on a level road surface; and
(b) If the power source is a combustion engine, has a piston or rotor displacement of 35.01 to 50 cubic centimeters regardless of the number of chambers in the power source.
(5) It is equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the system is engaged. [1983 c.338 §59; 1985 c.16 §19; 1997 c.400 §5; 2001 c.749 §25]

801.348 “Motor assisted scooter.” “Motor assisted scooter” means a vehicle that:
(1) Is designed to be operated on the ground with not more than three wheels;
(2) Has handlebars and a foot support or seat for the operator’s use;
(3) Can be propelled by motor or human propulsion; and
(4) Is equipped with a power source that is incapable of propelling the vehicle at a speed of greater than 24 miles per hour on level ground and:
(a) If the power source is a combustion engine, has a piston or rotor displacement of 35 cubic centimeters or less regardless of the number of chambers in the power source; or
(b) If the power source is electric, has a power output of not more than 1,000 watts. [2001 c.749 §2]
 
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curtisfox

Well-Known Member
Dec 29, 2008
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minesota
If it were mine I would take the bike #and see if you can't register it with that. The laws here in MN are about the same.but need pedals as a moped. The guys in CA have to register there's to I think $19 there. If you are obeying the laws you won't get stoped anyway. I know there is some other guys on the forum from OR, maybe do a little search .........Curt
 

curtisfox

Well-Known Member
Dec 29, 2008
6,048
3,959
113
minesota
I don't think so,but you would have to check with the DMV. But there is a lot of specialty insurers out there.............Curt