Colorado registration
- Thread starter jasonh
- Start date
in 2009 Co changes the law to a motor assisted bicycle IS a low power scooter
look up HOUSE BILL 09-1026
look up HOUSE BILL 09-1026
Sorry but you are incorrect. Review the information from motor vehicle that I attached. A low power scooter is NOT a bicycle .... And vice versa.
The police can not change the classification that has been assigned by motor vehicle. The police are to uphold the laws as noted by motor vehicle.
I have been in contact with the legislature that drafted the bill in 2009 and working to clear up the wording that confuses people that don't bother to read the definitions closely.
The police can not change the classification that has been assigned by motor vehicle. The police are to uphold the laws as noted by motor vehicle.
I have been in contact with the legislature that drafted the bill in 2009 and working to clear up the wording that confuses people that don't bother to read the definitions closely.
I don't live in Colorado, but from what I read on the state's website...
Bicycle = Human Power only.
Low-Power Scooter = Our type bikes (same as your son)
A low-power scooter IS a motor vehicle..
You need license, registration, insurance , etc.
A bicycle is only defined as human powered....
VERY CONFUSING!!
Bicycle = Human Power only.
Low-Power Scooter = Our type bikes (same as your son)
Edit: According to that document you provided...
A low-power scooter IS a motor vehicle..
You need license, registration, insurance , etc.
A bicycle is only defined as human powered....
VERY CONFUSING!!
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UPDATE! Motor vehicle hearing was conducted to review the charges that this vehicle was a low power scooter. Evidence pressnted included description of bicycle, that it has pedals, is not self powered (bike must be in motion to engage motor assist), and was not designed for primary use on roadway. Also had letter of confirmation of vehicle classification from Motor vehicle title & registration, AND from Colorado state transportation committee. Our lawyer said he had never 100% won a motor vehicle hearing.
RESULTS: we won!! All driving charges dismissed for a "motor vehicle". Ruling primarily based on FACT that Colorado removed the word SOLELY from definition 10 of bicycle, opening up path for not only electric assist bicycles but also gas assist bicycles.
Still have to face criminal charge because these are two separate courts - but this should now be piece of cake. Especially since over aggressive police officer who had arrested my son admitted he never read him his rights.
RESULTS: we won!! All driving charges dismissed for a "motor vehicle". Ruling primarily based on FACT that Colorado removed the word SOLELY from definition 10 of bicycle, opening up path for not only electric assist bicycles but also gas assist bicycles.
Still have to face criminal charge because these are two separate courts - but this should now be piece of cake. Especially since over aggressive police officer who had arrested my son admitted he never read him his rights.
As promised to the motorized bicycle riders on this website, the case number for our win in Motor Vehicle was Somma Case Number 11-285467 versus DMV. I wanted to post it to the website, but the PDF size exceeds this websites allowed attachment. Any suggestions on how to post this?
The hearing officer concluded that the vehicle operated was a gas engine assisted bicycle, as the word "solely" was removed from the CRS 42-1-102 (10) definition. By removing the word solely, the legislature has created a class of bicycle that could be propelled, in part, by something other than human power.
As (we) demonstrated that the vehicle was not self-propelled and must be set in motion by human power, the vehicle did not fit into the classification of a Motor Vehicle or Low Powered Scooter as those terms are defined in 42-2-102.
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Additionally, my son was charged by the police as being intoxicated and refused to provide a breathalyzer test or blood sample. We are positive he was not intoxicated. As noted by Department of Motor Vehicle, CRS 42-4-1301.1 for Expressed Consent was made specific to motor vehicles. (Any person who drives any motor vehicle upon the streets and highways and elsewhere throughout this state shall be deemed to have expressed such person's consent to the provisions of this section.) Therefore, the Colorado Express Consent requirement does NOT apply to bicycles.
So why are we still fighting this in court????
The hearing officer concluded that the vehicle operated was a gas engine assisted bicycle, as the word "solely" was removed from the CRS 42-1-102 (10) definition. By removing the word solely, the legislature has created a class of bicycle that could be propelled, in part, by something other than human power.
As (we) demonstrated that the vehicle was not self-propelled and must be set in motion by human power, the vehicle did not fit into the classification of a Motor Vehicle or Low Powered Scooter as those terms are defined in 42-2-102.
____________________
Additionally, my son was charged by the police as being intoxicated and refused to provide a breathalyzer test or blood sample. We are positive he was not intoxicated. As noted by Department of Motor Vehicle, CRS 42-4-1301.1 for Expressed Consent was made specific to motor vehicles. (Any person who drives any motor vehicle upon the streets and highways and elsewhere throughout this state shall be deemed to have expressed such person's consent to the provisions of this section.) Therefore, the Colorado Express Consent requirement does NOT apply to bicycles.
So why are we still fighting this in court????
Completed Motor Vehicle Hearing, with Colorado DMV agreeing that this motor assist bicycle is a bicycle, independent on size of gas engine attached. This is in writing and was delivered to Mountain View Police AND Lakeside Police, who commented that this is "only a civil hearing", and that they don't consider this a judicial decision.
Followup up with a judicial decision, declaring this vehicle to be a bicycle. This is in writing, signed by Jefferson County Judge (Burback) and was delivered to Mountain View Police AND Lakeside Police.
The idiot police chief at Lakeside Police said he didn't care and would still issue my son a (felony) ticket for riding the bicycle.
I contacted Senior District Attorney Mark Pautlier of Jefferson County. He said that they would dismiss charges if filed again by the police for type of vehicle. He didn't understand why the police would do charges if they knew they would be dismissed.
It is clear that this is now a case of HARRASSMENT by Chief Hughes of Lakeside Police. He would not explain why they would continue to consider this vehicle a motor vehicle, even after final decision by Colorado DMV, a Jefferson County judicial judge, and the Jefferson County DA. Chief Hughes can be reached at (303) 455-1980. He wouldn't answer my questions. This police department is NUTS - and has no citizen oversight committee.
My son gets his motor vehicle license back in a few months, and has decided that the threat of a felony can put him in jail - and delay the license for weeks/months - while we wait for the DA to dimiss any new charges. You are guilty and have to prove yourself innocent in Jefferson County.
The school systems don't tolerate bullies. Why do we allow bullies in the police department at Lakeside?
Followup up with a judicial decision, declaring this vehicle to be a bicycle. This is in writing, signed by Jefferson County Judge (Burback) and was delivered to Mountain View Police AND Lakeside Police.
The idiot police chief at Lakeside Police said he didn't care and would still issue my son a (felony) ticket for riding the bicycle.
I contacted Senior District Attorney Mark Pautlier of Jefferson County. He said that they would dismiss charges if filed again by the police for type of vehicle. He didn't understand why the police would do charges if they knew they would be dismissed.
It is clear that this is now a case of HARRASSMENT by Chief Hughes of Lakeside Police. He would not explain why they would continue to consider this vehicle a motor vehicle, even after final decision by Colorado DMV, a Jefferson County judicial judge, and the Jefferson County DA. Chief Hughes can be reached at (303) 455-1980. He wouldn't answer my questions. This police department is NUTS - and has no citizen oversight committee.
My son gets his motor vehicle license back in a few months, and has decided that the threat of a felony can put him in jail - and delay the license for weeks/months - while we wait for the DA to dimiss any new charges. You are guilty and have to prove yourself innocent in Jefferson County.
The school systems don't tolerate bullies. Why do we allow bullies in the police department at Lakeside?
