Illinois

Nougat said:

We'd be better off posting areas where MBs are not allowed. The state law legalizes them for the whole state; a municipal law would need to exist to ban them in that municipality (city or county).

I highly doubt that there are any local laws that ban MBs specifically, though I seem to recall someone (warner?) saying that Hanover Park has an ordinance which intends to ban gopeds (motorized skateboard scooters), but the wording also impacts MBs, likely on accident.

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ive tryed to find city ordinances against them in the fox valley area thru the net on the township/village websites and i cant find a thing saying MB's are prohibited. Elgin has to have one of the worst sites for finding out their ordinances and im not looking forward to calling village hall and requesting the information cause of being run around or they dont specifically understand what it is we ride.

I am thinking of purchasing the Staton-Inc Gear & Chain Mounted Kit (Motorized Bicycles Detail Page). Anyone have one (gear mount vs friction mount)? I would appreciate some feedback.

Thanks

Elbucho Im in wooddale and Im good to go in Wooddale, Itasca, Bensenville, Addison only because I havent went any further and ElkGrove what I mean to say is Ive passed the cops looked them in the eye and didnt get stopped but then Im 60yrs old ridding a trike but they are legal to a point gets a little touchy about hp but then who is to know without a dyno and I dont think thats gonna happen drive safe obey the laws and you will be good.

Thanks eldo. What type of systme do you have - friction, center mount or gear mount?

elbucho said:

Thanks eldo. What type of systme do you have - friction, center mount or gear mount?

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you should only post here about laws and legislation in Illinois. i believe the area you were looking for is located here http://motorbicycling.com/forumdisplay.php?f=3 Motorized Bicycle General Discussion - Motorized Bicycle at Motorized Bicycle Forum thank you.

Sorry Outlawbiker. I'm new to the site and didn't realize. Won't happen again.

ok just came from police department cuz prapey land towing has my bike. they said that there was a hold on it and id have to talk to the police to get it , further more the said there would be an issue of releasing it to me after hold was released cuz no vin. they said that they dont release vehicles the tow without showing ownership.



about the 20 mph. law says 20 mhp soley by engine power. but of course these bike wont even move without first peddling, at least mine wont.



police man today said that he had to talk to his boss. came back and said they had to talk to states attorney cuz of the cop saying over 30 mph. no radar mind you just his judgement. which would hold up in court, but im 140 lb had to peddle to move bike and road wasnt level. plus i allready got the states attorney to dismiss.






So how do i sue and is it gonna be worth my while to do so?

i dont understand, let me try to get this. they busted you,impounded your bike and gave you citations over it. but you went to court and the state attorney has drop the charges and your done with the court and you want to get you bike out of impound? if the case is over and dismissed then id do this........

ok, i read your citations and all the other stuff you got there..... first off lets talk about getting you bike out of the impound yard. take all the legal documents to the yard, that should be more than enough proof (with a state ID with the same address as in the citations). if that doesnt work, then i would call the police station and try and talk to the officer who wrote up all this paperwork and sent the bike into impound. get him to help you get it out of the yard seeing how he put it there and can verify it is yours.

next, you want to sue,and i cant blame you there,id love to take down a village/township on their own stupidity that has cause me to be put thru all this. but lets be realistic, its about how much money and time you are going to throw at this to strike up a civil case. if you want to take it there i strongly suggest you set up a FREE consultation with an local attorney and see what they say. but make sure you get all your fact straight so they know how they will approach this and how to advise you.

and also if you cant get your bike out of hock, id strongly suggest you explain that to the attorney as well, make the city incur the costs from the impound lot,not you paying for it!

another thing i would like to add to this...... when you get your bike back register it to the police department like a normal,regular BICYCLE would be registered. that way you do have proof of ownership. also, PRINT OUT THE LAW AND KEEP IT ON YOU AT ALL TIMES! im sorry but i cannot emphasize that enough! i have had a few friends including my self been continually harassed by cops over their own stupidity,but when we show them the law,they always let us go. you could of avoid all of this if you would of simply kept a print out of the law in your back pocket/wallet.

here is the law you should print out, look at page 17 http://www.cyberdriveillinois.com/departments/police/lawupdate0910.pdf

if you cant figure that out here it is word for word,uncensored in all of its entirety.

2009/2010 Law Update for Law Enforcement
Illinois Secretary of State Police
Training Section
17
625 ILCS 5/1-140.10 new, 625 ILCS 5/1-140.15 new, 625 ILCS 5/1-146, 625 ILCS 5/11-1516 new
“Low Speed Electric Bike”
Effective Date: 01/01/10
Public Act: 96-0125 Senate Bill: 0236
Synopsis:
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". 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. Adds a definition for a "low-speed gas bicycle" and treats a low-speed gas bicycle the same as a low-speed electric bicycle in a provision regulating the use of low-speed bicycles and a provision excluding low-speed bicycles from the definition of a motor vehicle. Removes the requirement that a person have a valid current Illinois driver's license to operate an electric bicycle.
Excerpt from the Public Act
(625 ILCS 5/1-140.10 new)
Sec. 1-140.10. Low-speed electric bicycle. The term
"low-speed electric bicycle" has the same meaning ascribed to
it by Section 38 of the Consumer Product Safety Act (15 U.S.C.
Sec. 2085).
(625 ILCS 5/1-140.15 new)
Sec. 1-140.15. Low-speed gas bicycle. A 2 or 3-wheeled
device with fully operable pedals and a gasoline motor of less
than 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.
(625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146)
Sec. 1-146. Motor vehicle. Every vehicle which is
self-propelled and every vehicle which is propelled by electric
power obtained from overhead trolley wires, but not operated
upon rails, except for vehicles moved solely by human power,
and motorized wheelchairs, low-speed electric bicycles, and
low-speed gas bicycles. For this Act, motor vehicles are
divided into two divisions:
First Division: Those motor vehicles which are designed for
the carrying of not more than 10 persons.
Second Division: Those motor vehicles which are designed
for carrying more than 10 persons, those motor vehicles
designed or used for living quarters, those motor vehicles
which are designed for pulling or carrying freight, cargo or
implements of husbandry, and those motor vehicles of the First
Division remodeled for use and used as motor vehicles of the
Second Division.
(Source: P.A. 85-1010.)
(625 ILCS 5/11-1516 new)
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-apeed gas bicycles.
2009/2010 Law Update for Law Enforcement
Illinois Secretary of State Police
Training Section
18

Just goes to show you guys carry that copy of the law with you and obey the rules he may have stoped you because he was being a but no matter he was wrong its only sad that you may have to pay for there mistake If Decater had any gonads they would remburse you. good luck

unfortunatly i did have the law with me and showed it to the officer. ya really he still wrote the tickets. i also had the law when i went to the police department that day and filed a papper to have a hearing with the shift commander for probable cause. he also said it was a vehicle even with the law in front of him. he then would not take the paper i was trying to file with the police department to have this hearing. i said that i still needed him to file it and his responce was im done here. so i then went dack to the front desk and without mentioning to the secratary that he refused to file it i asked her to file it. coulpe days latter the same sgt. showed up at my door to have this hearing.HaHaHa. He still didnt except the law from the books that i tried to give him.

They have a hold on it cuz the city make any one pay 250.00 to get there car back on lound noise ordinance and unauthorized vehicular ussage.


this should be void cuz of my dismissal from the state.


i am not going to give the tow yard 250. to gewt my bike back when i did nothing wrong further more i only paid 150 to get the kit and the bike itself i wellded together from junck 10 speeds in basement to look like a chopper. i will see if i can find i pic.

And here is your hard earend money at use paying for law inforcement to do all that they can do to protect you from all the hardened criminals in the world. I dont think we pay them enough to take all these riskes.

Chas they really stuck it up Your A$$ The stupid A$$ wont admit he was wrong Maybe you should go to the newspaper but they might playing the game too. Sorry Man sometimes you just cant win.

heres an update. went in to the hearing for decatur city unauthorized motor vehicle. which was holding my bike in hock and low and behold the states attorney who just dismissed my tickets was now there and handed me this.





View attachment 28311

if i was you i would get an attorney,if not,ask for a public (pretender) defender.

keep in mind these things:

1: if the city has an ordinance against your bike, you maybe up against a wall. however it would only be a fine for breaking a local ordinance, such as noise control, or no village sticker or something retarded that wouldn't even apply to your bike.

2: i just love how this is becoming such a big deal,im sorry for you and what your going thru, but this clearly shows the public at large what a complete crock of s@#t the system is here in Illinois. the state is coming after you on the motion, 'state' is the key word here meaning they are coming after you on violating state law, not a city ordinance. the law that has been passed and signed by the governor of Illinois should cover the charges on the state level as long as your being defended properly.

3: SEEK A FREE CONSULTATION WITH A PAID ATTORNEY!!! you might be surprised to find out on a case like this they make take it for free/ pro bono. or to work out other arrangements with you on a flexible payment. tell him that you would also like to presue this into a civil suit after you win,for harassment,unlawful arrest ect ect, he will know the exact name of what rights have been violated and if he sees good cause to presue it, he may wait to get paid after the civil.

4: dont be a smug smart ass, information and research is key,just cause you have the law printed out means nothing unless when you read it you fully understand its meaning. dont let them make a fool out of you because you misunderstand what the law on our bikes is clearly saying cause it wont go over well in court. this is the bullets for the gun your gonna use in court and your mouth or the lawyer is the gun, just dont go out half cocked.

good luck and take my advise into consideration. please keep us updated as well.

right that is exactly the way i will present it i do not weigh 170 im 140. it is under 1 hp. and the law states the it canot excede 20 mph soley by engine power alone. now i dont know about your bikes but mine would die if i tried to start moving it with out peddling as i release the clutch.





anybody have a bike theat is simmular. and must be peddled to move it from start in the area that may be intrested in testafing to this in front of a judge?




is this common to have to peddle the bike to move it from a stand still .


any decatur area attorneys in here?

Isn't that double jeopardy?

Double jeopardy - Wikipedia, the free encyclopedia

Edit..never mind I read now that they dismissed the tickets