California Loophole?

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FacedJared

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May 8, 2012
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The article states that : 406. (a) A "motorized bicycle" or "moped" is any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.


If the bike has only one gear is it technically not an automatic transmission? So it wouldn't fit into this category?

I might be completely wrong, im just starting to get into this motor bike business after my license got suspended and I have to commute to work and school which is approximately 11 miles away, and my city's transportation system is a joke.

or is there a way I can make a bike manual transmission?

If all else fails, I suppose I'll just buy a street bicycle.
 
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ocho ninja

ocho ninja

Member
Jan 14, 2012
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well most Chinese 2 stroke like the 49 and 66 cc have the the manual clutch lever... you do have the option of having a self engaging centrifugal clutch, which i think you can consider an auto transmission.

the four stroke motors by the most part have the automatic centrifugal clutch.

but if still in doubt just use the google seach bar at the top of the page and search california laws and legislation
 
rustycase

rustycase

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May 26, 2011
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FJ, it seems you have found our favorite confusion in the CA dmv codebook.

In reality, on the street, it's all in the hands of the enforcement person.

If they determine you have done something? they will have some sort of conversation with you about whatever it is. Then they may decide you should visit with a traffic court.

Depending on all the above circumstances, you could get a vacation out of it.
The municipal clerk could take a position they do not want you as pilot of anything!

Stealth would be your best option.

Good luck with that!
rc
 
F

FacedJared

New Member
May 8, 2012
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CA
My license is currently suspended until October, I walked to my local Police Department today after work and I talked on the phone and the lady quickly rushed me off when I asked about the legality of motorized bikes. She said as long as I wear a helmet and follow traffic laws I should be fine.

But as i stated earlier, my license is suspended and I don't want to **** my self over any more. So do you have any advice? I really need a mode of transportation to work and school this summer.
 
bairdco

bairdco

a guy who makes cool bikes
Aug 18, 2009
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the cop i know who knows all the "low speed vehicle" laws, told me automatic transmission basically means no internal shifting mechanism. in other words, no real gears.

he said that having a manually operated clutch lever doesn't count as an automatic tranny, because it's used for nuetral only, not shifting.

he also said he's been to court after ticketing someone, and that person tried that "loophole," and the judge said if that's the case, it doesn't meet the requirements of a motorized bicycle, so it's not allowed on the street at all.

dunno what happened after that.

basically, there's no loopholes. you're riding a motorized vehicle and you need an M2 certification on your license. without it, you're not legally able to ride it.

if you're lucky, you won't get pulled over.

if you're unlucky, you'll get arrested and get your bike impounded.

might as well be driving a car.

sorry for the bad news, but it's the law.
 
MotorBicycleRacing

MotorBicycleRacing

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Jul 28, 2010
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FacedJared said:
im just starting to get into this motor bike business after my license got suspended and I have to commute to work and school which is approximately 11 miles away, and my city's transportation system is a joke.
Click to expand...
Electric bikes are the only "legal vehicle" to drive without a license in CA.

If you can charge at school 11 miles would be no problem even on a fairly
inexpensive ebike.
What is your budget for a bike?
 
Venice Motor Bikes

Venice Motor Bikes

Custom Builder / Dealer/Los Angeles
Mar 20, 2008
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The topic of CA MB laws will never die! :(

This has been argued to death!!!!

There will always be someone new who trys to interpret it different & get everyone all mixed up AGAIN!! :(((
 
F

FacedJared

New Member
May 8, 2012
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CA
I did go to the police station today and they said it was fine for me to ride as long as I got a dot certified helmet and followed traffic laws. But on the internet it says I cannot? If I did buy and used what they said as the law but still get in trouble, would there be anything I could do?

lol i know this isn't a law forum but maybe some of you are knowledgeable in it.
 
MotorBicycleRacing

MotorBicycleRacing

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Jul 28, 2010
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FacedJared said:
I did go to the police station today and they said it was fine for me to ride as long as I got a dot certified helmet and followed traffic laws. But on the internet it says I cannot? If I did buy and used what they said as the law but still get in trouble, would there be anything I could do?

lol i know this isn't a law forum but maybe some of you are knowledgeable in it.
Click to expand...
What area are you riding in?
A lot of CA cops and DMV drones do not know the law or don't care.

Wearing a DOT helmet and getting the $19 one time license plate
will increase your odds of never getting stopped. :D

left side mirror
lights
horn
 
bairdco

bairdco

a guy who makes cool bikes
Aug 18, 2009
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luckily, most cops are ignorant of what the laws pertaining to us are. the cop i know is in newport beach. it's illegal to have fun there, anyway.

pretty much everywhere else (except downtown fullerton) no one seems to care.

if your local police station tells you it's ok, find out the name of the desk sargeant or whoever it is that told you it's ok, and if you get pulled over, politely explain what you've been told, and by who.

it's still illegal, but chances are, you won't get busted.

wear a DOT helmet and get a license plate, don't ride like an ass, and you'll probably be ok.
 
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