See newly revised (May 2012) http://www.txdps.state.tx.us/msb/documents/VDRchart.pdf which clearly states the difference between a Moped and a Motorcycle as defined by the State of Texas.
Also, http://www.statutes.legis.state.tx.us/docs/TN/htm/TN.551.htm for supporting info.
So, if you live in Texas and have a 50cc or higher gasoline engine installed and it is functioning (turned on) on your bicycle, law enforcement likely will call your vehicle a motorcycle. It cannot be a moped or a "motor assisted scooter" since the engine would be greater than 50cc. It will require insurance, state inspection, registration, title, etc. just like a moped or motorcycle would, unless you can argue successfully that it is something entirely different than anything described in current Texas law (i.e., it falls thru the cracks in the law).
I argue that the law defines motorcycles and motor-driven cycles as having a "saddle". Bicycles have no "saddle". They have "seats". They have a "seat post" to support the "seat". So, my motorized bicycle is not a motorcycle nor is it a motor-driven cycle. It is a customized bicycle. It just happens to have a home-built small auxillary motor for special circumstances of limited time and distance duration (e.g. steep hill).
Bicycles have seats: http://www.thefreedictionary.com/bicycle
bi·cy·cle (bskl, -s-kl, -skl)
n.
1. A vehicle consisting of a light frame mounted on two wire-spoked wheels one behind the other and having a seat, handlebars for steering, brakes, and two pedals or a small motor by which it is driven.
2. An exercise bicycle.
Go to Walmart and look for the thing you sit on when on a bicycle. Walmart calls it a "seat". There are seats that are large and comfy and salesmen call them "saddle style", but that cosmetic aspect does not make the seat into a saddle. A bicycle seat is always a seat, regardless of its style.
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Per The Texas Department of Public Safety (aka Highway Patrol)
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Definitions:
"Bicycle" means a device that a person may ride and that is propelled by human power and has two tandem wheels at least one of which is more than 14 inches in diameter. [If your motor is off and you are pedalling, you are pedalling a bicycle to propel it by human power at that specific point in time; also, it does not define a bicycle as having a "saddle". If it did, we would lose our case, but thankfully the law is silent on this point, which means a lawyer has an arguable point. Just be sure your engine is off. Be stealthy and don't be seen with the engine turned on.].
Motorcycle: Every motor vehicle having a saddle for the use of the rider and designed to propel itself with not more than three wheels in contact with the ground but excluding a tractor.
Motor-Driven Cycle: Every motorcycle with a motor which has an engine piston displacement of not more than 125cc. [So, it is a small motorcycle that has a saddle like a big motorcycle does].
In summary, remember that your bicycle has a seat, and not a saddle. If you get a ticket, go to traffic court and argue the above, quoting from current Texas law. And take your bicycle seat with you to show the judge.
Also, http://www.statutes.legis.state.tx.us/docs/TN/htm/TN.551.htm for supporting info.
So, if you live in Texas and have a 50cc or higher gasoline engine installed and it is functioning (turned on) on your bicycle, law enforcement likely will call your vehicle a motorcycle. It cannot be a moped or a "motor assisted scooter" since the engine would be greater than 50cc. It will require insurance, state inspection, registration, title, etc. just like a moped or motorcycle would, unless you can argue successfully that it is something entirely different than anything described in current Texas law (i.e., it falls thru the cracks in the law).
I argue that the law defines motorcycles and motor-driven cycles as having a "saddle". Bicycles have no "saddle". They have "seats". They have a "seat post" to support the "seat". So, my motorized bicycle is not a motorcycle nor is it a motor-driven cycle. It is a customized bicycle. It just happens to have a home-built small auxillary motor for special circumstances of limited time and distance duration (e.g. steep hill).
Bicycles have seats: http://www.thefreedictionary.com/bicycle
bi·cy·cle (bskl, -s-kl, -skl)
n.
1. A vehicle consisting of a light frame mounted on two wire-spoked wheels one behind the other and having a seat, handlebars for steering, brakes, and two pedals or a small motor by which it is driven.
2. An exercise bicycle.
Go to Walmart and look for the thing you sit on when on a bicycle. Walmart calls it a "seat". There are seats that are large and comfy and salesmen call them "saddle style", but that cosmetic aspect does not make the seat into a saddle. A bicycle seat is always a seat, regardless of its style.
-----------------------------------------------------------------
Per The Texas Department of Public Safety (aka Highway Patrol)
-----------------------------------------------------------------
Definitions:
"Bicycle" means a device that a person may ride and that is propelled by human power and has two tandem wheels at least one of which is more than 14 inches in diameter. [If your motor is off and you are pedalling, you are pedalling a bicycle to propel it by human power at that specific point in time; also, it does not define a bicycle as having a "saddle". If it did, we would lose our case, but thankfully the law is silent on this point, which means a lawyer has an arguable point. Just be sure your engine is off. Be stealthy and don't be seen with the engine turned on.].
Motorcycle: Every motor vehicle having a saddle for the use of the rider and designed to propel itself with not more than three wheels in contact with the ground but excluding a tractor.
Motor-Driven Cycle: Every motorcycle with a motor which has an engine piston displacement of not more than 125cc. [So, it is a small motorcycle that has a saddle like a big motorcycle does].
In summary, remember that your bicycle has a seat, and not a saddle. If you get a ticket, go to traffic court and argue the above, quoting from current Texas law. And take your bicycle seat with you to show the judge.