Illinois

Re: Illinois - FOLLOW UP

Well, I DID just get an e-mail from the Mayor of Elgin. Here is his e-mail followed by my response:

From: Mayor
Sent: Wednesday, June 11, 2008 9:56 AM
To: Warner
Subject: RE: Elgin code on power-assisted bicycles

Dear Mr. Smith,

We are looking into this.


Edward Schock
Mayor, City of Elgin



From: Warner Smith
Sent: Wednesday, June 11, 2008 10:14 AM
To: 'Mayor'
Subject: RE: Elgin code on power-assisted bicycles

Thank you very much! Many communities (more and more with the current gas crisis) are making the legal distinction between motorized platform scooters and motor-assisted bicycles operated by licensed drivers. In looking at the way the Elgin ordinance is written, it essentially bans ALL motorcycles that are less than 150cc’s in displacement, which can’t be what the intention of the ordinance was. I deeply appreciate your response to this Mayor Schock.

Sincerely,

Warner

Well said.

50cc or less, thats awesome. does that mean you don't have to register it if its 50cc or less? i don't think the police will even bother to pull me over. i'll just kill the engine while they roll by. i'm going to buy a kit from thatsdax this weekend. i have a spare mountain bike i can convert. and if i do get pulled over and get cited, i'll just sell the bike on craigslist and probably make a profit they way these things are selling nowadays. so for me this is a win/win

I Know I Live In A Small Town In Southern Illinois And The Cops Ive Seen Have Just Stared And Grined I Think The Amusement Of Seeing A 6'4" Man On A 20" Bike Flying Down The Back Roads Is Amusement Enough For Them Also Ive Noticed A Couple Of Not So 16 Year Old Kids Around Town Since Mine Showed Up And I Dont Think Even They Have Been Bothered. I Seeem Regurarly

Does Illinois state law require you to register what they define as a "motor driven pedalcycle"??

(625 ILCS 5/3‑412) (from Ch. 95 1/2, par. 3‑412)
Sec. 3‑412. Registration plates and registration stickers to be furnished by the Secretary of State.
(a) The Secretary of State upon registering a vehicle subject to annual registration for the first time shall issue or shall cause to be issued to the owner one registration plate for a motorcycle, trailer, semitrailer, motorized pedalcycle or truck‑tractor, 2 registration plates for other motor vehicles and, where applicable, current registration stickers for motor vehicles of the first division.

(625 ILCS 5/3‑414) (from Ch. 95 1/2, par. 3‑414)
Sec. 3‑414. Expiration of registration.
(a) Every vehicle registration under this Chapter and every registration card and registration plate or registration sticker issued hereunder to a vehicle shall be for the periods specified in this Chapter and shall expire at midnight on the day and date specified in this Section as follows:
1. When registered on a calendar year basis
commencing January 1, expiration shall be on the 31st day of December or at such other date as may be selected in the discretion of the Secretary of State; however, through December 31, 2004, registrations of apportionable vehicles, motorcycles, motor driven cycles and pedalcycles shall commence on the first day of April and shall expire March 31st of the following calendar year;

bookjunky4life said:

Does Illinois state law require you to register what they define as a "motor driven pedalcycle"??

(625 ILCS 5/3‑412) (from Ch. 95 1/2, par. 3‑412)
Sec. 3‑412. Registration plates and registration stickers to be furnished by the Secretary of State.
(a) The Secretary of State upon registering a vehicle subject to annual registration for the first time shall issue or shall cause to be issued to the owner one registration plate for a motorcycle, trailer, semitrailer, motorized pedalcycle or truck‑tractor, 2 registration plates for other motor vehicles and, where applicable, current registration stickers for motor vehicles of the first division.

(625 ILCS 5/3‑414) (from Ch. 95 1/2, par. 3‑414)
Sec. 3‑414. Expiration of registration.
(a) Every vehicle registration under this Chapter and every registration card and registration plate or registration sticker issued hereunder to a vehicle shall be for the periods specified in this Chapter and shall expire at midnight on the day and date specified in this Section as follows:
1. When registered on a calendar year basis
commencing January 1, expiration shall be on the 31st day of December or at such other date as may be selected in the discretion of the Secretary of State; however, through December 31, 2004, registrations of apportionable vehicles, motorcycles, motor driven cycles and pedalcycles shall commence on the first day of April and shall expire March 31st of the following calendar year;

Click to expand...

Here is the e-mail that I just got today from the Secretary of State's office:

Thank you for directing your questions to the Office of the Secretary of State via the Internet.

(625 ILCS 5/1-148.2) (from Ch. 95 1/2, par. 1-148.2)
Sec. 1-148.2. Motorized Pedalcycle. A motorized pedalcycle is a motor-driven cycle whose speed attainable in one mile is 30 mph or less, which is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears.

Motorized Pedalcycles (Mopeds)

A motorized pedalcycle (moped) is a motor-driven cycle. It produces two-brake horsepower or less and has a maximum speed of 30 mph. If the moped has an internal combustion engine, the displacement shall not exceed 50 cubic centimeters, and the power drive system shall not require the driver to shift gears.

A moped driver must have a current, valid driver's license of any classification. A person without a driver's license who wishes to operate only a moped must obtain a Class L license. The owner must have a Certificate of Title and a registration plate must be attached on the rear of the moped.

A moped driver may not carry a passenger unless the moped is equipped with a passenger seat and passenger footrests. If the moped is to be driven at night, it must be equipped with a white light on the front that is visible for 500 ft. and a red reflector on the rear that is visible from 100 to 600 ft. when in front of a vehicle's headlights. A red light visible for 500 ft. also may be used in addition to the reflector.

Motorcycle


Warner

I've been trying to find information on this as well. Been following all your posts but am reluctant to pull the trigger myself in regards to bringing unwanted attention to myself. In springfield I have been riding for a little over a month now. I have passed several city, county and one state cop on my rides. I clutch and pedal when I see them first but have had 2 Sangamon county cops pass me from behind and just keep going.

Looking tonight I found some Chicago laws that may help some people out.


State and City Laws Regarding Bicycles - Chicagoland Bicycle Federation

How many people on this site are in Illinois? And for anyone that is but has not registered take a minute to register and maybe we can get enough support and voices to start a campaign to get these on the sides of roads legally.

I have a similar thread to this posted on another forum. One of the guys there responded with THIS, which really makes sense:

"YOU DON'T HAVE A MOPED!!!
What you have is "a bicycle that you put an engine on".
Legally that is NOT the same thing!!!
You must tell the DMV the facts, if you ever expect to get the correct answer.

You cannot register a bicycle as a moped at all in Illinois, because Illinois will only register vehicles now that have a (standard-format 17-digit) VIN.

Bicycles don't have VINs, and you can't make one up--the prefix has to be one assigned to a vehicle manufacturer registered with the federal Dept. of Transportation.

Also, the bearing of a VIN indicates that the motor vehicle qualifies as some current federal classification of motor vehicle (this is the only way it can legally be applied to any vehicle) and a bicycle won't qualify in any federal classifications of motor vehicles. This is why bicycle manufacturing standards are regulated by the federal Consumer Product Safety Commission, and not the Department of Transportation.

To register a vehicle you either need an existing title, a title record (in the case of applying for a lost title) or a MCO (Manufacturer's Certificate of Origin, in the case of a new vehicle). To get a title your bicycle would need a VIN (which you can't get for it) and to get an MCO it would have had to qualify into some federal motor vehicle specification (and bicycles won't qualify in any federal motor vehicle class).

There is a provision in the motorcycle codes that says that "any vehicle which does not have a VIN shall be issued one by the state", but if you ask about this (as I did) the DMV will tell you that they will only do this for vintage and antique vehicles that qualified as motor vehicles at the time of their manufacture.

--------

Years ago registering bicycles may have occurred, so if you found a vintage frame that you knew had been previously registered, you might be able to apply for a lost title, and argue that it qualifies for a state-issued VIN. Other than this one possibility, registering a bicycle as a motor vehicle in Illinois can't be done.

A motorized bicycle with an engine that falls under the moped restrictions (2 hp or <50cc or 30 mph level top speed) is still considered a bicycle, and as far as the state is concerned doesn't require that you hold any license, or maintain registration or insurance. That said, there may be local restrictions on motorized bicycles wherever you live.

Furthermore,
Motor vehicle insurance in IL won't cover a motorized bicycle at all, because in IL, auto insurance policies are not required to cover vehicles that are not titled or registered, and you cannot title or register a bicycle. "


Warner

why all the fuss with the "law". i ride my bike on a military installation and they don't even notice :] nobody even cares, we are living in a world full of sheeple anyway, who are too worried about their 8 mpg SUV's, college football games, women with plastic sugurey and their $500 dollar purses. wake up people, no one would notice that your bike has an engine on it even if they were to ride it themselves!!

Just an update. I found out that I am legal here in Springfield. A friend at work was talking to a friend of his who is an officer in one of the small townships I was worried about. The subject came up about my bike and the cop said that he sees me every morning. It isn't me he is seeing, it is another guy who has one. I seen the other rider this past Thursday and he had a Springfield cop driving right alongside him. Was inside the ATM at the time and he was out of sight by the time I was finished. I hope to see him out so I can see if he has any problems with other agencies.

I'm not going to say that every cop is going to have the same viewpoint but since then I have road without worries and no longer try to disguise myself by pedalling. Said that I do have to have a valid drivers license but no plates are required. Said it would be a different story if I were to be riding a motorized skateboard or something of the like, but I was perfectly fine. Although it was not me who talked to him I am 100% certain the conversation took place, and this is from one of the more ticket happy jurisdictions.

As far as I know there are 3 different riders here, including myself. Just haven't been able to catch them at the right time. If I do get stopped or learn anything further I will update again, but I'm no longer riding nervous.

Hello all. In my efforts to abide by the law, which I need to be careful with, I sent this letter the the Illinois DMV. I also sent a email to the Chicagoland Bicycleing Federation. I'll post what i receive from them.

Note to DMV:
I'm writing to inquire about the legal operation of a bicycle modified with the addition of a 50cc gas engine.

The bicycle fits the description of a motorized pedalcycle (moped), based on the Illinois Motorcycle Operator Manual (pages 13 and 44), and the Illinois Driver Handbook, (pages 14 and 72)

I understand that “all vehicles in Illinois must be titled and registered if they travel on the roadways. This includes motorcycles, scooters, and mopeds.”, based on the information found at the DMV.ORG website here: link removed

I understand that to title and register these vehicles, I need a VIN and Title of some part of the body based on the process for registration and titling of motorcycles and “Specially Constructed Vehicles” as stated at these websites:
link removed
link removed

So, does this type of vehicle, a bicycle with a 50cc gas engine mounted to it, require title and registration as a moped?
If so, how do I title and register a bicycle and engine that does not have a previous Title or VIN?

Thank you,

I received a response for the Chicagoland Bicycling Federation today. They informed me that there is a bill pending, with good support. It addresses electric bikes, but not gas engine bikes. It's a step in the right direction! Google "Bill SB0236" for info.

Details:

Bill Status of SB0236

Short Description: VEH CD-LOW-SPEED ELECTRIC BIKE

Senate Sponsors
Sen. Heather Steans

Hearings
Transportation Hearing Mar 10 2009 6:00PM Capitol 400 Springfield

Synopsis As Introduced
Amends the Illinois Vehicle Code. Defines a low-speed electric bicycle as a 2 or 3-wheeled device with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Excludes low-speed electric bicycles from the definition of "motor vehicle". Provides that a person may operate a low-speed electric bicycle only if the person has a valid current Illinois driver's license, regardless of classification, and the person is at least 16 years of age. Prohibits operation of a low-speed electric bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway. Prohibits operation of a low-speed electric bicycle on a sidewalk. Provides that, except as otherwise provided, the provisions of the Article of the Code dealing with bicycles also apply to low-speed electric bicycles.

Another good update.
I called Senator Steans office, she answered, I got to speak to her directly!
I asked her if SB 236 was only for electric assisted bicycles, or if it would also include gas engine powered bicycles, she said……YES, it will include both! She said there is already an amendment pending that specifically identifies gas powered bicycles.
So, we just need to keep checking the status of the bill, and what the final wording looks like.

I'm not fluent in legalese by any means and don't want to speculate on things.

I found a couple new hb ammendments including motorized bicycles/pedalcycles and just wondering thoughts on them.

HB1181 introduced 2/11/09, sounds like the possible pending additions to SB0236 mentioned by chopperchad?

Illinois General Assembly - Bill Status for HB1181

Or this may be the added amendment filed 3/4/09 SB0236sam001

SB0236sam001 96TH GENERAL ASSEMBLY

and then sb1787 which sounds like the original sb0236

SB1787 96TH GENERAL ASSEMBLY

My interpretation which isn't much, derived they are trying to make them legal with a 20mph speed limit and requiring a $30 title fee? Not sure what that entails? What through me off was being included as a moped and not a bicycle yet having a slower speed requirement?

Anyhow, those are the main bills I found that are pending.

Excellent find cls74!
Here is my speculation…

SB0236sam001 must be the amendment that Senator Steans was referencing.
HB1181 is a little confusing at first, but I think it sounds like they are only redefining a moped, so they can add the new category of Low Speed Electric or Gas Bicycles. The $30 expedited title fee was just part of the other pork rolled into the bill, and doesn't apply to the part we are interested in.

Currently, the Illinois Motorcycle Operator Manual (page 44), define different cycles as follows:
Motorcycle: 150cc and over, requires a Class M Drivers License
Motor-Driven Cycle: 1cc – 149cc, requires at least a Class L Drivers License
Motorized Pedicycle (Mopeds):
1) A motorized pedacycle is a motor-driven cycle with speeds attainable in one mile of 30 mph or less.
2) Equipped with a motor that produces 2 brake horsepower or less.
3) If an internal combustion engine is used, the displacement shall not exceed 50cc.
4) Power drive system shall not require the operator to shift gears.
- If all 4 criteria are not met, the cycle is categorized as a Motor-Drive Cycle, and requires at least a Class L Drivers License.
- The operator of a Motorized Pedacycle (Moped) may operate the pedacycle with any current, valid driver’s license of any classification.
- Mopeds meet the definition of a “Motor Vehicle”, and are therefore required to be titled and registered.


Based on HB1181, it looks like this will be the new categories..?:
Moped: (redefined)
1) A motor-driven cycle, with or without optional power derived from manually operated pedals.
2) Whose speed attainable in one mile is at least 20mph, but not greater than 30 mph.
3) Is equipped with a motor that produces 2 brake horsepower or less

Low-Speed electric or gas bicycle: (new)
1) A two or three wheeled device with fully operable pedals
2) An electric or gas motor of less than one horsepower
3) Maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.
- A person may operate a low-speed electric or gas bicycle only if the person is at least 16 years of age and has a valid current Illinois driver’s license, regardless of classification.
- A person my not operate a low-speed electric or gas bicycle at a speed greater than 20 mph upon any highway, street, or roadway.
- A person my not operate a low speed electric or gas bicycle on a sidewalk.


Also, per SB0236sam001, and SB1787, low speed electric and gas bicycles are excluded from the definition of a “Motor Vehicle”, which would mean we do not have to title and/or register them!

All that remains is for these bills to pass as they are written, and become law. So we watch and wait…

The way i understood,when i read the admendment to bill SB0236
(SB0326sam001) on the 96th general assembly website today was that the admendment took out the drvers license part and now persons were only to be required to be over the age of 16 to ride the electric and gas bikes. I'm disabled and can't drive anymore.I was riding my bike for 4 years til the other day a cop stopped me and told me i couldn't ride it anymore or go to jail. I guess we'll just have to wait to the finished bill.