Federal Law for Motor Assisted bicycles .

I called NYSDMV tech services again. I learned several things (thanks to a patient man on the phone) who's name I won't mention. My previous posts in NYS Law thread give the number tho.

A) electric bikes are legal up to 250 watts on bike paths and private property. DMV didn't specify whether path meant greenway path or roadside path. They did site Section 16 CFR 15 - 12.

B)DMV also failed to site the Law construing it illegal to put a motor on a bicycle however did say opperating in public subjects the rider to DMV Law.

Man on phone sited safety reasons for State laws being so tight!

I asked him if he ever achieved 20mph on a 10speed, he said yes. I informed him of class C-Moped law (20mph)max. I asked your brakes worked to stop you at this speed? I asked if the tires blew up due to high speed? I asked if the frame cracked from all of the vibration?

He answered no to all of the above sited safety issues. I think I might have changed at least 1 opinion in Albany. It's a start and hope I made a friend on the inside to ask questions for us. These laws are BS!

As much as hate to think this but I have reason to believe that in more recent cases the environmental regulations are being designed to get the state and federal governments revenue rather than actually help clean the air.

For instance these stupid cap and trade enviro laws (specifically California) allow companies to buy and sell pollution credits. Sure Company A, B, C, etc may not use all their polution credits so they sell them all to company X who in turn pollutes the h*ll out of the local environment.

If the EPA or State governments were so concerned about smog in congested areas like LA they would makes laws mandating that every vehicle that operates in said areas burn compressed natural gas instead and leave gasoline burners in the rural areas.

Also, while on the energy consumption subject, States like California would mandate every house (especially those in the southern deserts) to use solar collectors as a primary source to heat water to store and use an on demand tankless water heater for a secondary source instead of a wasteful tank water heater.



Nope, as I said the feds and the states want us to spend our money on the real wasteful and environmentally threatening forms of consumption for the fees and tax revenue all the while threatening to craft laws and mandates that would prevent us the consumer to buy 52" flat screen TVs that really waste energy and cost the consumer a bit more than $18 per year for electricity if we were to be forced to buy the puny 22" models ==> Flat-screen TVs to face energy-efficiency rules in California - Los Angeles Times

The 2009 Florida Statutes


Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL
(2)**BICYCLE.--Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.
21) MOTOR VEHICLE.--Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

daveswfla53 said:

The 2009 Florida Statutes


Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL
(2)**BICYCLE.--Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.
21) MOTOR VEHICLE.--Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

Click to expand...

need a DL to ride one in FL tho.

We,industry and enthueist need to get organized if "We" are going to survive!

Just as a note on the import site linked here, it is referring to completed assemblies, not motors, or kits, but the entire manufactured and assembled bike/scooter. Motors, and motor kits are not covered here, I don't believe that there should be any import restriction on motors, aside from the EPA crap. Let's use the obvious car analogy, importing a car is completely different than importing an engine, the car has to meet certain safety standards, and registered with the proper authorities and what not before coming into the US, but an engine needs to meet certain EPA requirements after it is installed in the car, but the engine in and of itself is just a "part" albeit an expensive "part" of the car. What kind of import limitations are there on heater cores, or brake assemblies? So I do not believe fed law can really touch motor and motor kits, except to excise the proper tax, the real concern is local laws, as they would govern where and when you can use your assembled creation, unless you are going to use federal roadways, which would be the interstate that has every on ramp posted with a no scooter, moped, or pedestrian sign...

That is my understanding of things vendors and those with experiance with customs and importing feel free to shoot me down...

As a further note I would question the constitutionality of CA laws that make purchasing "non-conforming" kits illegal. They can pass a law saying you can't use the thing, but they can not forbid you from owning one...

Hmmm?
Exactly what was revoked? I'm no fan of our nation's trend toward a
police state, but what was their 'probable cause'? Thirty days seems
a mite extreme for just riding a bike.

Basically, if it's cheap, fun, and not being taxed, it's illegal!

Fight any ticket in IL. It's not a motor vec. And requires NO dl. Please give more info...

WE as a group need to join together and fight for our rights!
I keep hearing about people gettimg stoped in IL. For no DL or riding while revoked. All total BS...
*(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, 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 remodelled for use and used as motor vehicles of the Second Division.*
(Source: P.A. 96‑125, eff. 1‑1‑10.)
As you see the motorized bike is removed from the def. Of motor vec.

Here the bicycle device is made legal
** *(625 ILCS 5/11‑1516)*
** *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‑speed gas bicycles.*
(Source: P.A. 96‑125, eff. 1‑1‑10.)
And best of all , the instructions to police
http://db.tt/ZbcFGBX sorry if its weird but the gist is the cops have been instrcuted that no dl. Is nessary!
I can't belive the grief the police are willing to cause over a motorized bicycle!

Here is the link to the police info ,manual please read page 17-19 ...
http://www.rocktonpolice.org/pdf/lawupdate0910.pdf
This clearly says no DL. Therefore they can't ticket you for a revoked dl if you don't need it in first place!

Give'm 'ell Harry V! ....and not just on St. Crispin's day.

We need more information..
Don't know if his low speed gas bicycle is actually low speed..
Was it under 50cc?
Was he doing 40mph when stopped?
We need the specifics....

you all need to read federal registry if you do not have a vin # you are not a motor vehicle it is considered a off road vehicle

Welcome to the debate eddy... If you can please post the reg. Text your refering too.
I have tried to be as up to date as poss. (with IL. Law anyway).
Here the deff of motor vec is very clear ,an mb is reffered to as a "bicycle device".
I always thought the IL. Laws were rather draconian ,but compared to some states there down right enlightened.
My concern is the link between the fed laws and the state roadway funding being tied together??? Much like the drinking age , a state can make there own law but they then suffer from lack of fed money???
All about the money right ! Some things never change...

All of this, and more, is why I am working on an idea of a national motor bicycle organization. There needs to be a clearing house for information and MAYBE in time work on a uniform set of regulations for all states to consider. It would be nice if I were to go from here in FL, and ride to Louisiana, and know that I meet all the laws along the way.

Terry

"the prussian" Shop Dogs said:

Welcome to the debate eddy... If you can please post the reg. Text your refering too.
I have tried to be as up to date as poss. (with IL. Law anyway).
Here the deff of motor vec is very clear ,an mb is reffered to as a "bicycle device".
I always thought the IL. Laws were rather draconian ,but compared to some states there down right enlightened.
My concern is the link between the fed laws and the state roadway funding being tied together??? Much like the drinking age , a state can make there own law but they then suffer from lack of fed money???
All about the money right ! Some things never change...

Click to expand...

the regulation i found is from 2005 but it is the most up to date still applies in the federal register vol 70, no 14 wednsday june 15 , 2005/ notices page 34813 center colum second paragraf

department of transportation
national highway traffic adminstration
docket no. NHTSA 2005 21467
two and three wheeled vehicles

read throught the whole thing and you will see what i found

"the prussian" Shop Dogs said:

Here is the link to the police info ,manual please read page 17-19 ...
http://www.rocktonpolice.org/pdf/lawupdate0910.pdf
This clearly says no DL. Therefore they can't ticket you for a revoked dl if you don't need it in first place!

Click to expand...

you need to read further page 21 section g in your paper you posted know what you are talking about firsl