Texas law for engine assisted bicycle

[outdoorcat75455]

I investigated this before I ordered my engine kit yesterday, and this is what I came up with.

This is from Texas House Bill 1596 Legislative Session 79(R)

SECTION 3. Chapter 551, Transportation Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS
Sec. 551.351. DEFINITION. In this subchapter, "motor-assisted scooter" means a self-propelled device with:
(1) at least two wheels in contact with the ground
during operation;
(2) a braking system capable of stopping the device
under typical operating conditions;
(3) a gas or electric motor (750W max) not exceeding 40 cubic
centimeters;
(4) a deck designed to allow a person to stand or sit
while operating the device; and
(5) the ability to be propelled by human power alone.

Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS.
(a) motor-assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The motor-assisted scooter may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.
(b) county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
The department may prohibit the operation of a motor-assisted scooter on a highway if it determines that the prohibition is necessary in the interest of safety.
(d) person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk.
Except as otherwise provided by this section, a provision of this title applicable to the operation of a bicycle applies to the operation of a motor-assisted scooter.
(e) provision of this title applicable to a motor vehicle does not apply to a motor-assisted scooter.

SECTION 4. Section 551.302, Transportation Code, as added by Chapter 1325, Acts of the 78th Legislature, Regular Session, 2003, is repealed.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section
39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.

Along with this is are all the other laws concerning standard bicycles, and electric assisted bicycles with a speed limit under motor power not to exceed 20 or 25 mph (I forget wich, I'll have to look that one up again, but its the same limit for the electric assist). Also with the 40cc limit is a 2hp limit. Since there are no stampings on the engine and I try to stay within all the other rules and regulations, I hope to pass my 50cc off as a 40cc. I would of liked to have purchased the 80cc, but I don't think that I could pass that one off. I'm thinking of getting a hold of a stamping kit and putting some numbers and 40cc on the block. If the engine exceeds these limits then the bicycle must be fully outfitted with all the lights, brake, turn etc., must be registered, tagged and inspected, (that includes having to carry liability insurance) and you must posses a moped or motorcycle license.

And possibly the assumption of "motor assisted scooter" is wrong and there are no regulations concerning them other than what the Feds have on them, I'm not taking the chance and keep within those limits, or at least to have the appearance of keeping within those limits. Surely if a "scooter" can be allowed to operate in such manner, a bike certainly should be able to.

 

[outdoorcat75455]

I know these vehicles that we are putting together can obtain speeds in excess of 30 MPH.
Mopeds which must be registered and inspected (and along with that is insurance and driver's license) for road use, has its legal limits. Given one mile on a flat level surface it can not accelerate and exceed 30 MPH from a dead stop.

 

[Ilikeabikea]

This is the law that the city cop was showing me in his book. He told me the bike didn't meet this criteria because I didn't have the deck to stand on. I told him I had a bike not a scooter. He told me then that there was nothing in his book about bicycles so my question was, then how can it be illegal if it's not in "the book". He told me he wasn't going to give me a ticket, but if I kept riding it I might get into some trouble.............

 

[outdoorcat75455]

Because of the engine displacement, horse power, and obtainable speeds, these motorized bicycles could be classified as motorcycles here in Texas.

 

[Ilikeabikea]

Yep they sure could. But if you classify it as a motorcycle then you have to have full lights, license plates, insurance, safety inspection. If I was going to go through all that trouble I'd just buy a small motorcycle...............

 

[outdoorcat75455]

I am going to try and stay under the radar by stamping the engine as you have, and following all the regulations of the electric-assisted bikes, but in reality these bikes are not street legal. If the officer wanted to, he could throw the book at you and you could be fined more than $500.00.

I am even considering selling my engine kit before I receive it, but I want to do the build and play with it. If I should have problems with the locals I will probably be posting a FOR SALE poster at the local RV parks, and let someone from out of state take it home where it could be used.

 

[Lisa Smith]

Hey 15rms that's good to know. I'm in Spring also and about to order two kits. I read all the moped laws and thought we were safe with a motorized bike.

 

[csetech]

It over in another thread but looks like DPS has commented on these things..

See

Now: Motorized bikes not your typical motorcycle | smith, bikes, bike : TheMonitor.com

 

[turbo/chaos]

um im a dealer the law states in code 551.301 in there that a bike no more then 40cc and no faster then 40mph is legal electric is 750watt and no more then 35mph and not to be more then 100pounds

is free to drive around

 

[Saddletramp1200]

Hey Guys, Paranoid is a big thing. I am not saying anyone is. We are so far down on a Cops food chain that unless we are doing something really stupid or unsafe the chances of getting messed with are so slight it's just not worth worrying about. I have ridden mine down city streets and been passed by cops and they are far to busy to mess with me. I'm not doing stuff like riding 40 thru a school zone when school is letting out, or scaring the wits off of old ladies at thier garden club. Just use the sense God gave you and more likely than not you will never be hassled. If you are looking for trouble you will likely find it. Later Tramp

 

[Ilikeabikea]

Norman and I got stopped by a State Trooper and he told us we were legal. He just wanted to look at the bikes. A couple of weeks later I got stopped by a city cop that told me it was illegal and the DPS didn't know everything. This particular cop is a little short guy with "littleman syndrome". So he's kind of a jerk. So now if we see a city cop we just kill the engine and start pedaling. So far we've got away with that. But we live in a fairly small town and Norman and I big time criminals. We put motors on bikes and ride those little motorized scooters. ...................................

 

[Papabear86]

I have sent two request to the Motor Vehicle Division of the State of Texas DOT. I am going to take my bike down there and get a "letter exception" that clarifies the ruling.

The bike will be limited in speed, however the "letter" will get us off the hook.

I have spoken to every cop in Austin that I can track down and they all love my bike. I even had a cop radar me at 36 mph in a 35, we laughed at the ability of my fat ass to get the bike going that fast.

I will get the state of TX issue resolved, you guys take care of the other 48. California is beyond repair.

 

[Ilikeabikea]

When you get that letter will you post it for all to see and use???

I'd give you a free haircut if you're ever up in this area...............

 

[Papabear86]

Pampa, I will post it. I am sure it will be vague, but i will get something or I will drag them through court and occupy all their resources

 

[Saddletramp1200]

If you ride like a caring person you will not get bothered. If you "ride it like you stole it" the man will be all over you. Tramp

 

[Papabear86]

Got my message back from the TX MVD and they have no issues. As a matter of fact she said the bikes are not part of her division since they have to pedaled to get started, and the provision I was citing has been rescinded

 

[Saddletramp1200]

I saw something that makes me proud. Two cops were sitting in a store parking lot waving cars into the lot and writing them tickets. One for not stopping fully before turning right at a light, and One for blocking the crosswalk! I went over and told the cops thanks, It's bothered me for years that I had to walk around cars in the walk. The cop told me something else. It seams in Texas that if you ride a bicycle through a crosswalk you can get a ticket as well. He said the law is to push the bike through the walk. You can ride past the crosswalk with traffic but not in it. Later Tramp

 

[badpenny]

Or ride my outlaw bicycle in the street and take my chances.

Guys, this is what I know. I work for TxDOT, which one division is the title and registration dept. THis is what is legal in Texas... If it has a motor, it needs at least one headlamp that is capable of being visible from 1/4 mile away, it needs at least one brake lamp with dual illumination (meaning its on when the motor is on, and brighter when brakes are applied) It needs 2 front blinkers (one for left and one for right) that can be visible (2 square inches, with illumination that can be visible from 600 ft)which basically means you need to mount front and front side markers. and 2 rear lamps with the same illumination but only directly visible from behind. VIN (to obtain one, you have to apply for a built vehicle title) the stamp on the neck of the bike will not do. If it has smaller than a 49cc motor, it classifies as a moped, larger than 49cc its a motorcycle, and you MUST present the proper identification and insurance if you are asked.

 

[turbo/chaos]

that is right and yet so wrong in tx state code 551.301 it states that if under 40cc and under 40mph you do not need a dl or insurence or tags and plates txdot and dps really dont know a thing yet plus i have had help from all the local cops here and have told me that them selfs

reason they wanted to shut me down well they made sure that what i was doing was leget and come to find out it is

 

[badpenny]

that is right and yet so wrong in tx state code 551.301 it states that if under 40cc and under 40mph you do not need a dl or insurence or tags and plates txdot and dps really dont know a thing yet plus i have had help from all the local cops here and have told me that them selfs

And once again, we are back to the part that will continuously start (obviously) an arguement and is basically determined/limited by your lawyers ability to argue and persuade a judge in a court of law. Because if you want to continue to ignore the phrasing and verbage to support your "right to a motorized bike" The arguement will always stand, "It has a motor, it is to be licensed"


I didn't sign up to be told that I was wrong, nor am I admitting my ignorance toward the laws of the state of Tx, but the one thing I do know, It mainly depends on the tolerance level of the community and/or local authority of where you live, whether or not you will be fined. Either way, I like the idea of a bicycle with a motor on it. I want one to run back and forth to the fastfood joint with.