---- MAINE ----
Here I have summarized the most applicable laws I know of, referenced with statute numbers, and where you see the "***" my comments follow: BTW I am a 16 year veteran cop currently sworn in Maine and commute to work on my offroad-capable, 4-stroke, 49cc Dax Super-Titan powered, full-suspension Diamond Back mountain bike with SBP shifter kit. It kicks ass even in construction zones and gets me around during rush-hour way faster than my truck and at an expense of about $1.60 of fuel per week!
29-A § 101: SOME DEFINITIONS:
"Motorcycle" means ANY bike or trike that has a cylinder capacity of greater than 50ccs or electric motor of greater than 1,500 watts. ***Yup, in Maine, you guys with the beautifully restored classic Schwinn beach cruisers equipped with the 80cc two-strokers that putt along at 15mph are riding a MOTORCYCLE- hope you have the proper driver’s license…
"Motorized bicycle or tricycle" means a bicycle or tricycle that:
A. May have pedals to permit human propulsion; and
B. Has a motor attached to a wheel that is rated at no more than 1.5 brake horsepower and has a cylinder capacity capable of propelling the vehicle unassisted at a speed of 25 miles per hour or less on a level road surface. *** Interesting that according to state law a motorized bicycle does NOT have to have pedals. See further down for comment about speed enforcement.
"Moped" means a motorized bike or trike that has a cylinder capacity of LESS than 50ccs or an electric motor of less than 1,500 watts, and “has a power drive system that functions only directly or automatically and does not require clutching or shifting by the operator after the drive system is engaged.” (Strangely) a bike or trike does NOT have to have pedals to be classified as a moped. ***The language regarding “function” of the power drive system is exceedingly vague as is what is meant by the term “engaged,” e.g.: shifting gears cannot occur while an engine is engaged and clutching, by definition, disengages the engine from the drive train!
*** Remember too, anywhere in the USA Officers must have "reasonable articulable suspicion" that you are committing a violation BEFORE stopping you to investigate/confirm that particular suspicion. I can promise you, then, that cops in Maine will not be stopping you just to measure your cylinder capacity nor do they truly care about your engine horsepower (though blazing up hill at 40+ might be a clue). Second, the "motor attached to a wheel" language in “motorized bicycle” really only describes friction-drive bikes, and since the "Motorcycle" definition pertains only to bikes with engines greater than 50cc's and “Moped” just has some paradoxical garbled text about shifting makes the distinguishing line between a “motorized bike” and a “moped” very blurry: either all chain or belt-driven motorized bicycles are “mopeds” or they are outside of classification altogether (Notice too that “speed capability” is not a defining feature of what makes a vehicle a “moped.”). Some officers, however, could/may determine that a non-friction drive-configuration to be a moped anyway. See last paragraph for comment on that.
More Laws:
Operator of a motorized bicycle MUST have a driver's license... but does NOT need a special moped/motorcycle endorsement. (29-A § 1254)
Motorized Bicycles MAY travel on paved shoulders (this would include bike lanes, etc.) but do not always HAVE to. (29-A § 2063)
Bicycles (motorized or not) can pass vehicles on the right “at [their] own risk.” (29-A § 2070) ***You should indeed be looking for and expecting ALL drivers will make a sudden right-turn in front of you or pull out of angled parking spaces and pedestrians like to pop right out from between cars so be careful!
"Motor vehicle" means a self-propelled vehicle not operated exclusively on tracks but does not include... snowmobiles, ATVs or wheelchairs. (29-A § 101) *** Because motorized bicycles are not ENTIRELY "self-propelled" there is an implication they are not classified as “motor vehicles”… meaning an argument can be made that MBs are not subject to, for example, trail signs that state "No Motor Vehicles." Either way it is a gray area that can be discussed with any officer contacting you in response to a complaint. Again, just be respectful.
"Bikeway" means a vehicle way, paved or unpaved, upon which bicycles, unicycles or other vehicles propelled by human power may be pedaled. A bikeway is for use primarily by bicyclists and pedestrians. (29-A § 2322) ***While this may seem to contradict my comment in the previous paragraph one COULD argue that motorized bicycles are ALSO human-powered and the operative words in that definition is “MAY be pedaled,” and “for use PRIMARILY by bicyclists” which leaves room for locomotion devices that are not BEING pedaled. Some bikeways exist because the adjacent roads are way too dangerous for bicycles; motorized or not. My advice would be to ALWAYS go slow around pedestrians (and their dogs) be VERY respectful of cyclists and NEVER let anyone see you NOT pedaling!!
While there is no STATE law in Maine prohibiting biking on the sidewalk (motored or not) there are many cities/towns in Maine that have local ordinances against it. I would not recommend it anyway: any fall or collision, particularly with a pedestrian, that requires emergency medical response will be the #1 cause for your having potentially negative contact with the police.
Motorized bicycles are exempt from INSPECTION. (29-A § 1752)
A motorcycle or a moped with an engine displacement of less than 300 cubic centimeters does not need to be registered with the state. (29-A § 652) *** "Motorized bicycles" are not mentioned in this statute but is implied that ANY vehicle of <300ccs is exempt.
A motorized bicycle or motorized scooter may not be operated in excess of 20 miles per hour. (29-A § 2063) *** Fist off, unless your bike is the only vehicle moving within ½ mile it would not be easy for an officer to pick up a bicycle on RADAR and because the profile of your bike is skinny and you & your bike have few flat, reflective surfaces, it would be challenging for laser operators as well. Secondly, again, it is questionable whether bicycles with motors of CHAIN or BELT drives are subject to this limit because only bicycles with engines "attached" to the wheel are classified as "Motorized Bicycles." Then again, if the officer makes the call that your machine is a “moped” you may have issues bigger than a “speeding” violation. The likeliness of this even occurring is absurd, but if it does than just be respectful: the officer, who must have UNBELIEVABLY sharp knowledge of state statute by the way, is just doing his job. The officer CAN choose to give a verbal warning, but he could also ARREST you & impound your bike if you provide him motivation.
Night-time riders must have electric headlight, rear reflector or electric tail light (both visible for 200+ feet) and must have reflective materials on PEDALS and/or ANKLES. (29-A § 2084)
Godda have brakes that can stop you in "reasonable distance." (29-A § 2084)
*** In conclusion: there is some gray area about what actually classifies what as what, but Patrol Officers most often make their decision based on what the vehicle LOOKS like: Mopeds look like mopeds= crappy, wannabe motorcycles with completely useless pedals. Motorized bicycles look like bicycles (with justa lil’ somethin’ special) and will typically be treated as bicycles. If by some incredibly unlikely instance you are stopped by the police just be respectful. 98% of the time it is not our offenses but our MOUTHS that wind us up in trouble with law enforcement! I don’t worry about us MB enthusiasts, we tend to have a far less abrasive attitude than the elitist road-bikers but try to restrain your claims about your civil rights because, here in Maine, the officer’s action DOES have legal justification under (the poorly written) statute. Far more likely, however, the officer will be contacting you just in passing and will be interested and/or even impressed with your machine!
FLORIDA---------------------------------------- no statutes
LOL
