help with "automatic transmission" wording law PLEASE!

huffypower said:

I live in Missouri and got pulled over and got a ticket last night for operating a motorized bicycle without a valid licence. BUT.... according to Missouri's RSMo section 307.180 The definition if a motorized bicycle is this....

"The term "motorized bicycle" shall mean any two or three wheeled device having an automatic transmission and a motor with a cyl. Displacement of not more than 50 CC which produces less than 3 gross brake HP."

Now,.... automatic transmission...what on a MB is concidered a automatic transmission. Can I fight the ticket because of this wording? Anyone come across this issue? I want to continue riding my MB but if I can't my licence is gone for 10 years.I really would find a way to win this technacality. PLEASE HELP AND INPUT.

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It makes no difference how you word it. If it's not technically a MB then it would only be "Off Road Only" legal, even if you had a drivers license. You're doomed. LOL

"Missouri law explicitly prohibits the operation of a motorized bicycle on a public street unless the driver holds a valid license to operate a motor vehicle. (307.195.1, RSMo.)"

http://www.mshp.dps.missouri.gov/MSHPWeb/Root/MotorcycleScooterFeaturedStatute030112.html

You might be able to say that it has no transmission whatsoever and therefore has no law governing it.

Worth a try I guess.

huffypower said:

Yes that's what I got the ticket for, 307.185 but the definition for a MB is with an "automatic transmission. What law definition is automatic transmission? As far as I'm concerned a standard MB doesn't even have a transmission to there fore its not leagly a motorbike. Right? Technacallity?

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True. All the judge can do is say, Guilty or Not Guilty as charged. It's the only shot you have really.

As long as the judge doesn't dig up a law saying, "Any Vehicle not covered by Missouri Law is considered an Off Road Only Vehicle", then you have a good chance.

california has a similar law. and there's been many arguments on the forum about it.

but whether or not you call a single speed engine with a clutch an automatic or not, the law requiring a license will supercede that. if you have no license, you're illegally operating a motorized vehicle.

Automatic Transmission = Centrifugal Force Clutch with a pull start. Or so I would think.
That still doesn't help without a valid drivers license from the state.

Good Luck!

a lot of the laws were written back in the 70's for mopeds. i have a Tomos 2 speed automatic that tops out at 35mph stock.

plead ignorance, be polite and respectful to the judge, dress nice and behave in court and you might get lucky.

@allen standly

I think that a freewheeling pedal/derailleur system could meet your description, and still not be considered "automatic". I'm guessing that if you can row the motor through the derailleur gears, you're technically out of compliance. But just guessing - I looked thru Mo. statutes for clarity, unsuccessfully.
FYI, I think my my bro is also an auto trans desperado (both him and I live in Mo.). His kit single speeds, but he engages his clutch manually, to start and to power. But neither him, nor I (centrifugal clutch and NuVinci Developer's Kit) have ever been hassled, even though we live in the two biggest Mo. cities.
The license issue is settled. It's a "must have". Editorial comment. OK by me. If you lost yours, it was probably for a few good reasons. If you re too young for one, you are too young to be on the road with me. I drove and rode motorcycle at 16, many years and beers ago. I still call a 24 ounce malt liquor a "Roadmaster" - testament to my stupidity.

I think by "automatic" they mean anything other than a standard transmission. You have a standard transmission if you have multiple gears and have to manipulate a clutch to change gears. If it has a standard transmission, the bike is a motorcycle, and you'd need a motorcycle license, not just a regular driver's license. So, "automatic" would include a bike with only one powered gear ratio.