The police here in RockFalls have arrested 2 people so far for riding motorbikes without a license.The cops are still telling people you have to have a license and tags to operate them. Either they have not read the new law yet or just care to ignore it.
Illinois
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or they are not carrying the new law in their wallets to show the cops..... me and 4 of my friends where out in the chicago burbs for a 5 day camping and bike party and ran thru all kinds of diffrent cops who stoped us,we show em the law and they let us go every time.
I would go and fight it in court (NO out of court litigation) go there WITHOUT a lawyer... Bring the law with you and also get a (notorized) copy from the state legislature, win the case, and THEN get a lawyer, SUE the MUNICIPALITY, COUNTY, STATE and OFFICER...
Make ALOT of bucks from it and then ANNOY the piss out of the cop every time you see him, by revving the engine everytime you go past him.
(Just make SURE that your bike IS LEGAL and definitely can not go above 20mph with a 170lb person on it. - {change out the motor if you have to})
Or just fight it out of court.
(I'm just annoyed as **** about cops that THINK they know the law. They are supposed to read every bulletin that's sent out.)
I've had cops even make up stupid rules that make no sense... (ie. Yeah, you can ride it on the sidewalk as long as it's 20cc or less... .LOL)
Guys its all crap they cant give you a ticket for no tags because you couldnt get tags if you wanted them carring a copy of the laws is a excelent idea I always have one The only you can get a ticket is if you screw up going too fast not obeying traffic laws dont ride a motorized bike on the sidewalk unless your pedaling thats what they are there for. You cant get iun trouble for something you didnt do They cant make up a law to busat it is what it says just ride safe.
i have to say in my 5 day run. i was pulled over more times than i can count,probably cause we were riding in a pack and it was drawing to much attention. elgin stoped me and gave me the most crap.even after they read the law. to save some time in this story without saying all the details,the cop shook his head and look at 3 other cops their and said, 'i cant believe the state will let them get away with this' meanwhile the other cops were trying to find any way possible to make a ticket stick over this.
they acted like if they couldnt write a ticket over it their day was going to be ruined,and im glad to disappoint them,they were A**holes to the extreme over it
they acted like if they couldnt write a ticket over it their day was going to be ruined,and im glad to disappoint them,they were A**holes to the extreme over it
It must have been that they weren't carrying any papers.I had a customer stop by this morning and told me he got stopped by 2 sterling police and they tried arresting him. but when he showed them the new law they appologized and let him go. come to find out the police here are going by 2008 law books that they carry in there cars.
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http://www.cyberdriveillinois.com/departments/police/lawupdate0910.pdf page 17 and 18 are about our bikes
I found and joined this forum after being stupid and getting a DUI. In the fall of 2009 I read you had to have a valid license even for the electric motor. So when I first saw that the new new law both added small gas engines and removed the valid license requirement I thought the state had finally done me a favor. I began plans to build a conservative small motor gas bike to get around. Here in Peoria we have a real mix of semi-flat streets mixed with long sloping hills and very steep hills. Last week I mentioned to my DUI attorney that I was planning an MB. He told me that as a convicted DUI revoked driver I will be barred from operating anything with any motor, gas or electric. This makes no sense to me. If a drivers license is not required how would my DUI status even come up in the stop? - (and I will expect to be stopped, there are some really 'dedicated' officers around here). If anybody has a lawyer for a friend, or if any members are an attorney I could really use a second opinion. I'm leery of calling the police information officer or the State's attorney because I do not want to call attention to myself.
Anyway, the odd wording of the Illinois statute is rooted in this Federal Statute:
http://www.currentmoves.com/support/web-images/Federal_Electric_Bicycle_Law.pdf
The Federal Statute refers only to electric bicycles, but look at this quote. " The Federal law shall supersede any State law or requirement with respect to low-speed electric bicycles. (The state must regulate the electric bicycle as a bicycle) "
When a Federal Statute supersedes a state law I think it means the Federal law must be observed over state law. Therefore the state cannot be stricter than the Federal. Common sense should dictate that a local municipality also cannot overrule or restrict greater than a Federal Statute. So how any county, town, suburb, ect. can further restrict electric bicycles doesn't make any sense. I realize this doesn't neccesarily help anybody with a gas powered MB. But those of you who ride in a locality that has outlawed both should show the Federal Statute as well as the IL Statute to the town council or city attorney - not a prosecutor. Small towns cannot afford lawsuits, especially Class Action lawsuits. If a city attorney agrees that the local statute must be voided for electric bicycles to comply with Federal law, and the State of IL equates small gas engine MB's with small motor electric MB's; then it follows that the local municipality will have to allow both. I also recommend you find the nearest chapter of the ACLU and try to enlist their help in putting pressure on local communities if it does contadict Federal law.
I will probably pursue a discreet electric bike because of my DUI, but what I really want to go the distance -literally- is a gas powered bike.
Thanks for listening, comments are encouraged.
Anyway, the odd wording of the Illinois statute is rooted in this Federal Statute:
http://www.currentmoves.com/support/web-images/Federal_Electric_Bicycle_Law.pdf
The Federal Statute refers only to electric bicycles, but look at this quote. " The Federal law shall supersede any State law or requirement with respect to low-speed electric bicycles. (The state must regulate the electric bicycle as a bicycle) "
When a Federal Statute supersedes a state law I think it means the Federal law must be observed over state law. Therefore the state cannot be stricter than the Federal. Common sense should dictate that a local municipality also cannot overrule or restrict greater than a Federal Statute. So how any county, town, suburb, ect. can further restrict electric bicycles doesn't make any sense. I realize this doesn't neccesarily help anybody with a gas powered MB. But those of you who ride in a locality that has outlawed both should show the Federal Statute as well as the IL Statute to the town council or city attorney - not a prosecutor. Small towns cannot afford lawsuits, especially Class Action lawsuits. If a city attorney agrees that the local statute must be voided for electric bicycles to comply with Federal law, and the State of IL equates small gas engine MB's with small motor electric MB's; then it follows that the local municipality will have to allow both. I also recommend you find the nearest chapter of the ACLU and try to enlist their help in putting pressure on local communities if it does contadict Federal law.
I will probably pursue a discreet electric bike because of my DUI, but what I really want to go the distance -literally- is a gas powered bike.
Thanks for listening, comments are encouraged.
Catfish: you do NOT need an IL LIC to operate an mb. That is the one part of the new law that is clear. The horsepower restriction is vague at best and a town can have an ordnance against them if they want too, however the ordinance must be posted in public (mostly the signs I've seen are out at the edge of there jurisdiction) I too have had a DUI and have several Lawyers In the family.all of whom have read the new law ,although screwy and in need of some tweaks it doses seem to support riders over law enforcement. If you are seeking advice ,first print out copies of the new law AND a copy of the law enforcement training manual for 2010 (both of witch can be found in this thread) second remove any engine placards and paint a little . Third please keep in mind It's not what you ride it's how you ride! If you are pulled over ,be nice, show them your ID THEN ask why you were pulled over. As the text of the training manual explains ,they have no recourse to site you for lic or plates etc. However they can site you for violation of bicycle laws,so learn them and don't make rolling left turns or Texas stops at least in front of a cop!
Are club has had several run in's with the blue boys and after the law was passed they have all ended well,but drinking or riding like an ass will still land you a ticket or worse?!
Hope this was helpful and if you need any other advice or anything ,please fell free to ask.
We are all in this together ,the more you know of your rights the harder you will fight to protect them.
Are club has had several run in's with the blue boys and after the law was passed they have all ended well,but drinking or riding like an ass will still land you a ticket or worse?!
Hope this was helpful and if you need any other advice or anything ,please fell free to ask.
We are all in this together ,the more you know of your rights the harder you will fight to protect them.
Catfisher I got a couple DUIS also Shop dogs is wright on dont drink or ride like an ass and follow all the rules just as you were driving a car and carry a copy of the laws with you. Shop dog how about those laws as long as you dont go over 20 mph and weigh more than 170lbs on a straight surface your good to go loll. Later guys
I guess the really weird part of the legaslation in my mind is (625 ills 5/1-140.15) the infamous 170 lbs rider clause? Why set a h.p. Limit then in the next sentence , create an impossible set of conditions to go with the limit? So who is this exactly 170lbs rider? Were is the"paved level surface" refered too? A law that creates in it's text requirements that can't be meet under real world conditions is rife for contest! Clearly they were out of there depth as lawmakers not engineers nor mechanics. The old motorcycle endorsement was for motors over 50ccs ,the new law seems to counter several other laws on the books? If you read the mcycle rules to the letter it states ( I don't have it right hear but) "a rider must come to a complete stop and be in a position to place both feet on the ground" in the bike rules it only seems to call for a rider to place one foot on the ground(and for three seconds ) so were do we fall? I've never seen a cop pull over a cyclist for a rolled sign but on an mb?
This could go on for ever!!! A revision of this law with an age and speed limit clearly stated is the best way to go , in my opinion. The Vic. Code does a poor job of defying horsepower anyway so were do you start?aaaaaaagh...
This could go on for ever!!! A revision of this law with an age and speed limit clearly stated is the best way to go , in my opinion. The Vic. Code does a poor job of defying horsepower anyway so were do you start?aaaaaaagh...
Nougat, I REALLY appreciate that. I'm hoping my attorney is just unaware of recent changes and therefore wrong. He basically said flat out I would be sent to prison for up to 3 years if I'm stopped on anything moving with any type of motor. Obviously, I can't sleep well with a threat like that hanging over my head. And even though my first DUI was an Rx medication mistake over 23 years ago; this new DUI revokes me for a minimum of 5 years. My fault, yes, but a much harsher penalty than I expected. I will probably build an electric even if I shouldn't, but if I don't have the threat of arrest I will go gas for now, much cheaper initially.
Ilook forward to their response, thanks again.
Ilook forward to their response, thanks again.
i too am on a revoked for a dui here in Illinois and every time the cops stop me i make aware that i am on a revoked and thats the reason i build my 'low speed gas bicycle" then i show them the law i have printed out off the law enforcement update. they always let me go. the only thing i would worry about is driving a MB while drunk, its like your already got a bulls eye painted on you for the cops to mess with.
I have both electric and gas I like my electric trike but it cant make a pimple on my gas trikes butt. I can go as far as I want and get back too worst case I through a gallon of gas in the back If I do more than 200 miles I need to stop. I agree witrh outlawbiker Ive been pulled over just show them laws havent had a problem. If you drink and drive or do stupid things then you have problems. I have several duis and driving on revoked my license has been revoked for a few years now. Just dont do any thing stupid and drive safe you wont get in trouble gas or electric Later
Great timing Nougat!
I pled guilty in court Wed. morning and am now revoked for 5 years (or more), since you have to jump through insane hoops and pay outrageous sums to ever get licensed again. The judge took great care to explain that he could have sentenced me to a year in prison or jail, but gave me a year of probation. He made clear that if I screw up in any way he can revoke my probation, send me to prison or jail and fine me thousands more. I must remove my firearms from my house, I cannot step foot in a bar even for a can of Coke, I cannot cook with wine in my home, or allow alcohol in my home for other family members.
So it is a major deal. I can't just build what I want and plead ignorance. Ignorance of the law is not a defense. I have a feeling the answer is going to be 'no', as my attorney insists. He keeps reminding me that people have been arrested on riding mowers. Of course those are drunk people. I quit drinking in public at the time of my arrest, and now I won't even have the once a week home drink I allowed myself. They can come by anytime for random drug testing, so I am clean of all and will remain so.
What I do not understand in my rational thinking is how the DUI would come up in the conversation if the Officer understands the statute as I think it is written.
Public Act: 96-0125 Senate Bill: 0236
Synopsis:
Amends the Illinois Vehicle Code. Defines a low-speed electric bicycle as a 2 or 3-wheeled device with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Excludes low-speed electric bicycles from the definition of "motor vehicle". Prohibits operation of a low-speed electric bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway. Prohibits operation of a low-speed electric bicycle on a sidewalk. Provides that, except as otherwise provided, the provisions of the Article of the Code dealing with bicycles also apply to low-speed electric bicycles. Adds a definition for a "low-speed gas bicycle" and treats a low-speed gas bicycle the same as a low-speed electric bicycle in a provision regulating the use of low-speed bicycles and a provision excluding low-speed bicycles from the definition of a motor vehicle. Removes the requirement that a person have a valid current Illinois driver's license to operate an electric bicycle.
When I read the teaching material provided for the Police I see two essential statemments.
1: Excludes low-speed electric and gas bicycles from the definition of "motor vehicle".
2: Removes the requirement for a driver's license.
So what is not clear or just (in my mind) is how the State can say in writing that the motor assisted bicycle IS NOT A MOTOR VEHICLE, but tell me it is a motor vehicle if I am operating it because I have a DUI. They get to have it both ways because they make the rules.
Thanks for your help, I look forward to your updates. If you think it would be clarifying for them, please write them one more time and bring up what I just quoted, that is: By the State's definition it is not a motorized vehicle.
Thanks.
I pled guilty in court Wed. morning and am now revoked for 5 years (or more), since you have to jump through insane hoops and pay outrageous sums to ever get licensed again. The judge took great care to explain that he could have sentenced me to a year in prison or jail, but gave me a year of probation. He made clear that if I screw up in any way he can revoke my probation, send me to prison or jail and fine me thousands more. I must remove my firearms from my house, I cannot step foot in a bar even for a can of Coke, I cannot cook with wine in my home, or allow alcohol in my home for other family members.
So it is a major deal. I can't just build what I want and plead ignorance. Ignorance of the law is not a defense. I have a feeling the answer is going to be 'no', as my attorney insists. He keeps reminding me that people have been arrested on riding mowers. Of course those are drunk people. I quit drinking in public at the time of my arrest, and now I won't even have the once a week home drink I allowed myself. They can come by anytime for random drug testing, so I am clean of all and will remain so.
What I do not understand in my rational thinking is how the DUI would come up in the conversation if the Officer understands the statute as I think it is written.
Public Act: 96-0125 Senate Bill: 0236
Synopsis:
Amends the Illinois Vehicle Code. Defines a low-speed electric bicycle as a 2 or 3-wheeled device with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Excludes low-speed electric bicycles from the definition of "motor vehicle". Prohibits operation of a low-speed electric bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway. Prohibits operation of a low-speed electric bicycle on a sidewalk. Provides that, except as otherwise provided, the provisions of the Article of the Code dealing with bicycles also apply to low-speed electric bicycles. Adds a definition for a "low-speed gas bicycle" and treats a low-speed gas bicycle the same as a low-speed electric bicycle in a provision regulating the use of low-speed bicycles and a provision excluding low-speed bicycles from the definition of a motor vehicle. Removes the requirement that a person have a valid current Illinois driver's license to operate an electric bicycle.
When I read the teaching material provided for the Police I see two essential statemments.
1: Excludes low-speed electric and gas bicycles from the definition of "motor vehicle".
2: Removes the requirement for a driver's license.
So what is not clear or just (in my mind) is how the State can say in writing that the motor assisted bicycle IS NOT A MOTOR VEHICLE, but tell me it is a motor vehicle if I am operating it because I have a DUI. They get to have it both ways because they make the rules.
Thanks for your help, I look forward to your updates. If you think it would be clarifying for them, please write them one more time and bring up what I just quoted, that is: By the State's definition it is not a motorized vehicle.
Thanks.