Legal or not legal...

GoldenMotor.com

dracothered

New Member
Jul 25, 2012
973
1
0
Howell, MI.
Ok I email Michigan SOS and asked if these are legal to use in Michigan and here is what I got back...

Mr. Bates:

Thank you for using the Department of State's web site.

Michigan law is silent regarding power assisted bicycles. There is nothing in the law that allows for a registration.

If an object has a motor making it self-propelled, it meets the definition of Motor Vehicle in MCL 257.33, with some very limited exceptions. Electric bicycles, motorized skateboards, go-carts, gopeds, golf carts, and Barbie cars are all motor vehicles. Unless one of these vehicles is able to be registered (as a moped, low speed vehicle, etc.), it is prohibited from operation on any public street or highway. Operation on a sidewalk is also prohibited (MCL 750.419).

A bicycle equipped with either an electric or gasoline motor meets both the definition of Motor Vehicle, MCL 257.33, and Moped, MCL 257.32b, and is subject to state laws and local ordinances applicable to motor vehicles rather than those governing the use of bicycles.

However, to be registered as a Moped, the bike must meet the equipment requirements noted at the following link: http://www.michigan.gov/documents/sos/SOS-430_Moped_Certification_290967_7.pdf

So, basically, there is no registration provided by law and it is up to the local law enforcement, if they will allow you to use the motorized bicycle on the streets or whether they will enforce the letter of the law.

You may access all of Michigan's law at : www.michiganlegislature.org

If you have other questions, feel free to contact us at 888 SOSMICH (888-767-6424).

Sincerely,
R. Baker
Department of State Information Center


[THREAD ID:1-YYTD1]



-----Original Message-----

From: [email protected]
Sent: 7/24/2012 10:17:37 AM
To: "SOS, DSIC" <[email protected]>
Subject: Corbin Bates - FW: Question/Comment from Contact the Secretary of State (ContentID - 25634)



-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Saturday, July 21, 2012 9:57 PM
To: SOSWebMaster
Subject: Question/Comment from Contact the Secretary of State (ContentID - 25634)

name: Corbin Bates
email: [email protected]
email: [email protected]

topic: My question or comment is about
comments: Hello, I would like to know the rules/laws about putting a gas engine on a pedal bicycle and what I need to ride it on Michigan roads? If it is legal what size engine can it have and what else will it need?

Thank you,
Corbin
MGCtBY
 

Mr. Minecraft

Visionary
Jan 13, 2012
349
0
0
San Diego
I'd say its not legal unless you can somehow register it as a low speed vehicle or moped. You would need lights, turn signal, and horn though...
 

Harold_B

Active Member
May 23, 2012
997
246
43
Grand Rapids, MI
Hey. I'm from West MI and I think the reply you received was a convenient way for what's his name to side step responsibility. The lowdown I had read from a lawyer is that Michigan being a no fault insurance state you must have the bike registered in order to be covered. Otherwise if you are in an accident you are not covered even if it is not you fault. For that matter the bike must conform to the legal definition of a moped or motorcycle (whichever you are having it registered as) or your not covered either.

I went to the SoS office and got the form to take to the police to have my bike inspected as an assembled Moped. Haven't got there yet but they will want receipts for the bike, motor, etc to prove it's not from hot parts. My understanding is that some inspections are more picky than others and many are much less like they might not ask for the receipts. Best to be prepared. Once the police inspect the bike you take the form back to the SoS and they assign a VIN and then you can register the bike.
 

dracothered

New Member
Jul 25, 2012
973
1
0
Howell, MI.
Heck if they want receipts for the bike I am more or less out of luck as I payed cash for the hunk of junk I built it from. Don't know if Amazon will still show the rims, handle bars, seat, seat post, pedals, chain and front sprocket or not. wasn't planning on building a motorize bicycle back then. The tires and tubes I bought local but also paid cash.

About all I could show now is if I go forward and buy a motor kit, the packing slip/order.

Are there any others in Michigan that ride these and did you register it?
 

Harold_B

Active Member
May 23, 2012
997
246
43
Grand Rapids, MI
I bought my engine on CL for cash so I'm just going to show the receipts for the repair parts (there's a bunch of them). I don't think it's that big of a deal but the person at the SoS office said that's what I need. Plenty of people in MI don't bother but I'm a little too paranoid about the no fault laws. There are several other MI riders on the forum so perhaps you will get what you need. Good luck!
 

Harold_B

Active Member
May 23, 2012
997
246
43
Grand Rapids, MI
Any other Michigan riders registered? I am going through the process now and it's not as smooth as I had hoped. The Sheriff was here to inspect the bike and that went fine although his radio kept broadcasting all the stuff going on around us. I'm pretty sure he was a little distracted by things that were more pressing. To the point that he filled out the wrong side of the form. I didn't think it would be a big deal. Passing and signed by a Sheriff. Cool. Then I went to the SoS. Stood in line only to find out they are the ones that need the receipts. Hauled backed home, grabbed the receipts and then back in line. Made it with two minutes to spare before closing. Got a number assigned and waited. I went through the whole process and my decal was laying there on the counter when the Manager decided the form needed to be correct. Dang! (Well something like that anyway.)

I'll call the Sheriff tomorrow and go back to the SoS after that, again.
 

borntofli

Member
Jul 27, 2012
306
0
16
tx
Why go thru all that bs... just ride and be happy....... Hopefully cops have more to worry about than some guy riding a bike.........
 

Harold_B

Active Member
May 23, 2012
997
246
43
Grand Rapids, MI
Cops do. As I pointed out in few posts earlier MI is a no fault state. If the bike is not registered and not to code and I get in an accident then I'm not covered. Even if it's not my fault then I'm screwed. The other person could even sue me for damages. Doesn't much matter if I don't like the law because that's the way it is. Pretty insignificant as far as hassles go (the Sheriff came to my house to look at the bike) just a little frustrated that I was so close to having the process done.
 

borntofli

Member
Jul 27, 2012
306
0
16
tx
I guess my take on life is different... if u get in an accident, the only camage would be to you....... Too much govt.... we need to stand up for ourselves and fight the needless beaurocracy......

I pay my 4-5 no seatbelt tickets per year, (go to court and state my opposition and pay the fine)

If we dont stand up, where will it end???
 

Harold_B

Active Member
May 23, 2012
997
246
43
Grand Rapids, MI
I am a co-owner of a business and I have a family. I can be a radical in the voting booth. A ticket is no big deal. A hit and run where I'm paralyzed with no insurance? My business is in the tank, my family is on the street. That's a big deal! I'll choose my fights very carefully. I don't gamble unless I know I will win. A few minutes in a line, $10 to register the bike, build the bike to code. I can live (literally) with that! To each their own but thats where I'm at.
 

dracothered

New Member
Jul 25, 2012
973
1
0
Howell, MI.
I am a co-owner of a business and I have a family. I can be a radical in the voting booth. A ticket is no big deal. A hit and run where I'm paralyzed with no insurance? My business is in the tank, my family is on the street. That's a big deal! I'll choose my fights very carefully. I don't gamble unless I know I will win. A few minutes in a line, $10 to register the bike, build the bike to code. I can live (literally) with that! To each their own but thats where I'm at.
Wouldn't you still be screwed if it was a hit and run with or without the bike being registered?
 

Harold_B

Active Member
May 23, 2012
997
246
43
Grand Rapids, MI
Screwed but not the same. I'd still be insured. If the perp were caught I could sue. My insurance through my business would cover employing a replacement. I would be screwed physically but everybody that depends on me wouldn't be screwed financially. The no fault laws are complex and a little bit confusing to me so I will bet conservatively. Ultimately after I have all the paperwork inline and the bike is done I will bet that I enjoy every minute on the road.
 

bigbutterbean

Active Member
Jan 31, 2011
2,417
3
38
Lebanon, PA
I dont blame you for wanting to register harold, especially since it seems fairly easy there. PA is a little different. The registration process here is not as easy or as cheap. I have heard that it can cost several hundred dollars and take 6 months. But PA is also not a no-fault insurance state. I was in an accident in 2009 and there was a hospital bill and some damage to my bike. I was unregistered and dont even have a driver's license. The other driver's insurance company paid my hospital bill and sent me a check for the amount I (over)estimated to be the cost of repair to my bike. They didnt ask for any proof of what was damaged or what it would cost to repair/replace. Pretty sweet deal.
 

Ludwig II

Well-Known Member
Jul 17, 2012
5,071
783
113
UK
In Britain, unregistered, untaxed and uninsured vehicles are confiscated and crushed. And our insurance companies are just as sly, scheming and slippery as yours when it comes to avoiding paying out after accidents. Legal is safe.
 

Harold_B

Active Member
May 23, 2012
997
246
43
Grand Rapids, MI
Deputy was back in a matter of minutes after I called to explain my issue. Very apologetic. Went back to the SoS with papers in hand and went to the front of the line (they had given me a pass to do so). Half hour later I had my sticker, registration and VIN. The purpose of the receipts is to be sure that you have paid sales tax on the interstate / Internet sales and they expect that to be paid at the same time. Since I bought my bike in MI and had already paid sales tax and my engine was a salvage that made it a little cheaper. Only paid taxes on the new items used to build the bike. Bottom line is I'm legal and it really wasn't that much trauma.
 

dracothered

New Member
Jul 25, 2012
973
1
0
Howell, MI.
Deputy was back in a matter of minutes after I called to explain my issue. Very apologetic. Went back to the SoS with papers in hand and went to the front of the line (they had given me a pass to do so). Half hour later I had my sticker, registration and VIN. The purpose of the receipts is to be sure that you have paid sales tax on the interstate / Internet sales and they expect that to be paid at the same time. Since I bought my bike in MI and had already paid sales tax and my engine was a salvage that made it a little cheaper. Only paid taxes on the new items used to build the bike. Bottom line is I'm legal and it really wasn't that much trauma.
So bottom line the state just wants its 6% sales tax and the fee to register it. So what cc engine does that thing have on it anyways?
 

Harold_B

Active Member
May 23, 2012
997
246
43
Grand Rapids, MI
I guess you could see it that way although the CYA aspect of the state being a no fault insurance state is a big deal. The 6% sales tax is supposed to be paid when you file your income taxes anyway so there's no difference other than timing (unless you typically don't bother to pay those taxes then that will be a new expense).

The engine is a 48cc. Max for Moped is 50cc, 2hp, 30mph on a flat. As much fun as it would be to exceed all of those criteria I choose not to. I might do another build next year that is more ambitious. Something that is actually more more build than assemble. At that point I'll decide if I want to build a motorcycle or another Moped.

Nice thing about having my bike registered is that the VIN has value. I can now sell the bike as a legal Moped within MI and the new owner will get a legal, inspected, registered bike.

Don't get me wrong here. Feel free to do as you please (as if anyone needs my go-ahead!). I'm just trying to share what little I know from my recent experiences to hopefully save other Michiganders some hassles.
 

dracothered

New Member
Jul 25, 2012
973
1
0
Howell, MI.
Hey Harold_B, I do thank you for all the info and I'm sure others will too. What did the Sheriff look at when he inspected and what did he ask for and to see?
 

Harold_B

Active Member
May 23, 2012
997
246
43
Grand Rapids, MI
The Sheriff was actually pretty easy going. His main concern for my bike was that the brakes had been upgraded to handle the extra weight. My bike is a big cruiser with a lot of stuff on it so it weighs a ton. Other than that we just went down the list on the form from the SoS office. Getting the paperwork in order for the SoS was a bigger deal than the inspection. The requirements are really clear so there's not a lot of room for interpretation. He took my word for the engine size although I have receipts for 48cc components. We didn't start the engine and I didn't need to prove the max speed.
 

dracothered

New Member
Jul 25, 2012
973
1
0
Howell, MI.
The Sheriff was actually pretty easy going. His main concern for my bike was that the brakes had been upgraded to handle the extra weight. My bike is a big cruiser with a lot of stuff on it so it weighs a ton. Other than that we just went down the list on the form from the SoS office. Getting the paperwork in order for the SoS was a bigger deal than the inspection. The requirements are really clear so there's not a lot of room for interpretation. He took my word for the engine size although I have receipts for 48cc components. We didn't start the engine and I didn't need to prove the max speed.
It looks as if your bike doesn't have turn signals. I would take it that it isn't part of the requirement to get the tag?