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  #1  
Old 07-31-2010, 03:44 PM
chipmonger chipmonger is offline
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Join Date: Jul 2010
Location: Mesa, Arizona
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Default 49cc engines require driver's license

My first post included a link..so probably can't be viewed. Sorry...
I recently completed building and an operating a 49cc motorized bike on a spookytooth frame.
I have installed an 8" front disc brake, centrifical transmission and a C-clamp -style rear hub sprocket.
I get a lot of attention and am considering producing this machine for adult commuters. Recently I added a medium highrise handlebar with dual rearview mirrors. I have now attracted attention I did not want.
I was cited in Mesa, Arizona for driving a "moped" w/o a driver's license, registration, or insurance. Court date: August 12.. need assistance before then. Anyone knowing a willing attorney in these matters, please respond.
Also, I am considering milling the head of my 49cc 4-stroke engine, to comply with the 48cc law to get me back into compliance with the law. Will that work in court? Any input is welcome. I intend to pursue this issue into higher courts if necessary on behalf of a motorized bike enthusiasts. I expect, especially in this new economy, that there will soon be thousands of these machines on our roadways, not just for sport, but as a means of necessary transporttion.

Thank you..
Chipmonger
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  #2  
Old 07-31-2010, 04:31 PM
TYFOON TYFOON is offline
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Join Date: Jun 2010
Location: bend, or
Posts: 10
Default Re: 49cc engines require driver's license

Good luck Amigo~!

Keeps us posted on your preceedings!

The very reason you describe is why I left my bike as "stock cruiser" looking as possible. Basically to avoid attention at all because of the attention I did NOT want.

Foon
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  #3  
Old 07-31-2010, 04:55 PM
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bairdco bairdco is offline
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Default Re: 49cc engines require driver's license

i went through something similar in california, except we don't have a cc restriction, in fact, you can have anything under 150cc's otherwise it's considered a motorcycle.

california law states that any motorized bicyle requires a M1 (motorcycle) or M2 (moped/scooter) license, registration and a license plate, DOT helmet, and some lights, mirror and horn.

i was cited for not wearing a DOT helmet (had a pro-tec on) and not having a license or the plate. the ticket was $394 bucks.

i got a helmet, got an M2 permit, and sent in the 19 bucks and got the bike registered. when i went to court, the judge fined me a $25 proof fee for each violation, so $75 total. that's it.

if you try and fight it, the only evidence i can see standing up in court would be to have a licensed motorcycle shop measure the displacement of your motor, document it, and then hope the judge accepts it.

i think the best option is to leave your bike as it is, heck, upgrade it to a 66cc, then come into compliance with all the other laws, and go to court, show proof, and hope for the best.

trying to change the law is next to impossible. pleading ignorance or trying to cheat it is difficult, and almost never works in your favor, leaving you angry and feeling like the man's trying to keep you down, when in reality, it's your fault. you're breaking the law. sure, the law sucks, but what else is there, anarchy? like the Dead Kennedy's sang, "anarchy sounds good to me, but who's gonna fix the sewers..."

ya shoulda told him you had a 48cc motor when you got pulled over. those little metal tags and stickers come right off...
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  #4  
Old 07-31-2010, 05:09 PM
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MotorBicycleRacing MotorBicycleRacing is offline
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Default Re: 49cc engines require driver's license

Quote:
Originally Posted by chipmonger View Post
I was cited in Mesa, Arizona for driving a "moped" w/o a driver's license, registration, or insurance. Court date: August 12.. need assistance before then. Anyone knowing a willing attorney in these matters, please respond.
Also, I am considering milling the head of my 49cc 4-stroke engine, to comply with the 48cc law to get me back into compliance with the law.
What 4 stroke engine do you have?

What kit or gearbox?

The Honda GX50 and the Chinese copy have a one piece head and cylinder.

Did you tell the cop it was 49 cc?
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  #5  
Old 07-31-2010, 06:01 PM
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Dave31 Dave31 is offline
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Location: Arizona
Posts: 11,351
Default Re: 49cc engines require driver's license

Welcome to the forum chipmonger, glad you joined us.

Man sorry to hear about your trouble. But yes what motor do you have? The reason we ask is because it may not be a "true" 49 or 50cc. They usually round up when it comes to engine size.

And also, did you tell the officer it was 49cc? I would also contact Roland at Spookytoothcycles.com tell him you was referred by fairracing31. He can put you in touch with the right people to help you in court. Also he is very knowledgeable with dealing with the courts and can give you some great advice.

If you told the officer it was a 49cc...I dont think you have much luck on your side. If you did not and can prove it is 48cc or less you might be okay. Changing it now from 49 to 48cc will not matter because it is after the fact.
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  #6  
Old 07-31-2010, 07:37 PM
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wheelbender6 wheelbender6 is offline
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Default Re: 49cc engines require driver's license

You are legal in AZ IF you were doing 20mph or less, without a drivers license/tag/insurance, if you are 16 or older.
Once you exceed 20mph, you are a motorcycle in AZ.
If you were observing the 20mph speed limit, print out the the appropriate AZ statutes and fight it in court. The legal section of this forum has plenty posts on AZ.
Good luck.
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  #7  
Old 07-31-2010, 07:44 PM
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MotorBicycleRacing MotorBicycleRacing is offline
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Default Re: 49cc engines require driver's license

Quote:
Originally Posted by wheelbender6 View Post
You are legal in AZ IF you were doing 20mph or less, without a drivers license/tag/insurance, if you are 16 or older.
Once you exceed 20mph, you are a motorcycle in AZ.
If you were observing the 20mph speed limit, print out the the appropriate AZ statutes and fight it in court. The legal section of this forum has plenty posts on AZ.
Good luck.
The Arizona law also says that the motor has to be 48 cc or less.

http://www.azleg.state.az.us/ars/28/02516.htm

Quote:
ARIZONA HB 2796


START_STATUTE
28-2516. Motorized electric or gas powered bicycles or tricycles; definition

A. Notwithstanding any other provision of this title:

1. A certificate of title is not required for a motorized electric or gas powered bicycle or tricycle.

2. Registration is not required for a motorized electric or gas powered bicycle or tricycle.

3. Vehicle license tax is not imposed on a motorized electric or gas powered bicycle or tricycle.

4. A motorized electric or gas powered bicycle or tricycle is exempt from the provisions of section 28-964 relating to required equipment on motorcycles and motor-driven cycles and from the provisions of title 49, chapter 3, article 5 relating to vehicle emissions inspections.

5. A driver license is not required to operate a motorized electric or gas powered bicycle or tricycle.

6. A motorized electric or gas powered bicycle or tricycle may use rights-of-way designated for the exclusive use of bicycles.

7. A motorized electric or gas powered bicycle or tricycle is not subject to chapter 9 of this title.

B. For the purposes of this section, "motorized electric or gas powered bicycle or tricycle" means a bicycle or tricycle that is equipped with a helper motor that has a maximum piston displacement of forty-eight cubic centimeters or less, that may also be self-propelled and that is operated at speeds of less than twenty miles per hour.
END_STATUTE
28-2516. Motorized electric or gas powered bicycles or tricycles; definition

A. Notwithstanding any other provision of this title:

1. A certificate of title is not required for a motorized electric or gas powered bicycle or tricycle.

2. Registration is not required for a motorized electric or gas powered bicycle or tricycle.

3. Vehicle license tax is not imposed on a motorized electric or gas powered bicycle or tricycle.

4. A motorized electric or gas powered bicycle or tricycle is exempt from the provisions of section 28-964 relating to required equipment on motorcycles and motor-driven cycles and from the provisions of title 49, chapter 3, article 5 relating to vehicle emissions inspections.

5. A driver license is not required to operate a motorized electric or gas powered bicycle or tricycle.

6. A motorized electric or gas powered bicycle or tricycle may use rights-of-way designated for the exclusive use of bicycles.

7. A motorized electric or gas powered bicycle or tricycle is not subject to chapter 9 of this title.

B. This section does not prohibit a local authority from adopting an ordinance that regulates or prohibits the operation of motorized electric or gas powered bicycles or tricycles, except that a local authority shall not adopt an ordinance that requires registration and licensing of motorized electric or gas powered bicycles or tricycles.

C. For the purposes of this section, "motorized electric or gas powered bicycle or tricycle" means a bicycle or tricycle that is equipped with a helper motor that has a maximum piston displacement of forty-eight cubic centimeters or less, that may also be self-propelled and that is operated at speeds of less than twenty miles per hour.

Last edited by MotorBicycleRacing; 08-25-2010 at 11:04 AM.
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  #8  
Old 08-01-2010, 12:31 PM
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MotorBicycleRacing MotorBicycleRacing is offline
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Default Re: 49cc engines require driver's license

Quote:
Originally Posted by bairdco View Post
i think the best option is to leave your bike as it is, heck, upgrade it to a 66cc, then come into compliance with all the other laws, and go to court, show proof, and hope for the best.

ya shoulda told him you had a 48cc motor when you got pulled over. those little metal tags and stickers come right off...
His motor is probably a HuaSheng 4 stroke which is 49.4 cc
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  #9  
Old 08-01-2010, 01:11 PM
the willi the willi is offline
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Default Re: 49cc engines require driver's license

good luck dude
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  #10  
Old 08-01-2010, 04:32 PM
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bairdco bairdco is offline
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Default Re: 49cc engines require driver's license

yeah, sorry, read right passed the 4 stroke part and didn't think about it.
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