Indiana Moped and Scooter Laws

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thatsdax

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Feb 22, 2008
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www.thatsdax.com
Not to nit pick.. But.. You can bet the law will nit pick.. So.. I will nit pick as well. In the line item you posted this...

"Motorcycle" means a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground. The term does not include a farm tractor or a motorized bicycle."

Now.. First of all. I would like to point out an obvious flaw. That is.. First of all, A bicycle with a motor to assist it is not and never has been called or classified as a "motor vehicle" . If you look at all the federal regs for both domestic and imported vehicle, you will clearly see that a bicycle with motor assist is not a motor vehicle. It is considered still a bicycle. Period. Not motorized, not a motor vehicle. NOT!

A bicycle with motor assist, as long as the motor is less than 50cc is not classified as a motor vehicle. This is federal law. So.. You are trying to fit your bicycle into a catagory of motor vehicle and that is not applicable. I am not sure why you are trying to do that or would want to do that since once you accomplish that task, your bicycle then becomes regulated. To me.. This is a bummer.But I am not sure why you are trying so hard to make it so. When clearly a bicycle is not a motor vehicle as long as it is a bicycle and the motor assist is less than 50cc. and if it is not a motor vehicle, then why try to put it into that class? Why? This blows my mind.. At any rate.. The key there is motor vehicle. Which clearly a bicycle is not a motor vehicle. Thanks. Enjoy the ride..
 

HoughMade

New Member
Apr 15, 2008
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Valparaiso, IN
Feds do not determine who can ride what in the states. The federal law you refer to is a CPSC reg. that deals with the selling of the contraptions and does not rule operation. Simple as that. It is a matter of state law. Nit pick if you like. I'm not always right, but I will venture that I am one of the few Indiana licensed attorneys on this board.

You know you stuff, certainly, but I have my area of expertise and the law is it. I went to law school in Indiana. Graduated in the top 3% of my class (11 years ago). I am a partner at a prominent NW Indiana law firm. I teach undergraduate and graduate law classes and a law school class as well. I know a thing or two about Indiana law.
 

thatsdax

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Feb 22, 2008
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hi.. That is great you are into law. Also.. I would like to point out that the Fed Reg I found deals with importation . This is a Critical point for me to make Since importation laws are most precise in definition. They are many months if not years in development for a non ambiguous definition. You can bet there are teams of federal Lawyers that develop these laws and definitions. I am no lawyer, but I can read regs and defs. But.. I am or was trying to help you or get you to consider class or device. I was doing my best to get you to consider using the fed reg as the bar. I was trying to get you to reconsider classing a Bicycle with motor Assist as a motor Vehicle. I did not see in any of the regs you posted that a bicycle with motor assist is a motor vehicle. I did not see absolute bars around anything like that. But you are saying there are absolute bars around it. o well. I tried. It worries me when people class our motor assisted bicycles as a motor Vehicle. To call a bicycle with motor assist a motor vehicle is a stretch. A big stretch. IMO. Thanks...
 
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Norco John

New Member
May 26, 2009
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Brookston, IN
All this debate can't resolve the fact that enforcement of what is written is spotty, arbitrary, and, at least at the street level, subject to much interpretation by the patrol officer.

F'instance, I started wondering when Indiana repealed their "Ape Hanger" law for motorcycles, given the number of shoulder-high and higher handlebars i see everywhere.
Well, the LAW still says "no more than 15 inches about the saddle" so what's the deal here? 40 years ago, Bikers were "scum", and The MAN got his rocks off jacking them up.
These days, you hassle a group of bikers over their handlebars and various other offenses, like noise laws, and you'll probably get your ass chewed by your Chief for hassling the CEO of the local investment bank and his friends, who complained to THEIR friend, the district's member of the US Congress...

I guess the point of this epistle is to say that people want to know "Can I get away with this?" and the best answer anybody can give is "Maybe, maybe not, but the Law is the Law, and the cops are perfectly within their rights to either ignore you or enforce it To The Letter, as they see fit."

Just yesterday, I saw 5 of those "no spare parts available" Chinese scooters on the streets of Lafayette, none of them with plates, all of them being driven at 35-40 MPH. Legal? Oh, goodness gracious, no, but there they were, just the same.

I guess what it comes to is that only YOU can decide just what kind of consequences you're willing to suffer if you get pitched by a hard-ass who's looking to impound a set of wheels. Run 49CC and less than 25 MPH and laugh after he lets you go, or ride a 40MPH "66" and don't come crying to us if it gets towed.
 

HoughMade

New Member
Apr 15, 2008
623
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Valparaiso, IN
I agree that there is spotty enforcement.

As long as they don't stop people who are complying with the law (or coming pretty close), I don't care much who they don't stop.

I have been observed by innumerable Sheriff's deputies and a few of the local city police- no problem....but I have full lighting/turn/brake lights, I wear a helmet, and act like an adult even though I may occaisionally exceed 25mph.
 

vooodooou

New Member
Jul 26, 2009
66
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usa
HoughMade i live in Vincennes, and the cops here look the other way till you speed or do something stupid.
i see all kinds of kids under 18 no helmet on mopeds.
there are two others beside me having motor bicycles and there is a 80 year old man on a adult trike with a 3 hp on it and he rides on the side walk, they leave him alone.
a cop seen me on a side walk (i am 55) i just killed it and peddled back into the street pulled the go string and off i went. (i was bypassing a no right on red light) he did not even take a second look at me. o by the way i have insurance on mine $30 a year, stupid not to at that price. have fun all and be safe.
 

Indybiker

New Member
Mar 9, 2010
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Indiana
Guys just get with your local law, get to know them, and find what you can get away with and what you can't. Try to be nice and be freindly. If you do this you will be suprised at what you can do when Jony law is around. Just remember be safe and be smart.
 

Cabinfever1977

New Member
Mar 23, 2009
2,288
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Upstate,NY
Indiana = any license or id card/25mph/2hp/50cc/peddals
Have fun!

And in NY and many other states a bicycle or anything with a motor the cops believe it becomes a motorvehicle. The cops don't always look the other way,keep riding and see.
 
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Cogswelln

New Member
Dec 6, 2009
207
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Maine
Thank you for giving detailed information regaurding the laws, by the end of this year ill be packing up my home and moving to the seymour area. And i am definitely bringing my motorbikes with me.....