Just got a ticket

GoldenMotor.com

motorizedmatt

New Member
Aug 31, 2010
37
0
0
Orange County CA
So i just got a ticket for riding my motorized bike here in CA. One for running a stop sign which I admit I shouldn't of done, and one for riding it on a suspended license (which I have). My gripe is that on the state law website it states

"Motorized Bicycle (Section 406(b) VC)

•Driver's License not required but rider must be at least 16 years of age."

Motorized Vehicles

So how can he give me a ticket if I don't actually need a license???
 

MotorBicycleRacing

Well-Known Member
Jul 28, 2010
5,844
109
63
SoCal Baby!!!
www.facebook.com
So i just got a ticket for riding my motorized bike here in CA. One for running a stop sign which I admit I shouldn't of done, and one for riding it on a suspended license (which I have). My gripe is that on the state law website it states

"Motorized Bicycle (Section 406(b) VC)

•Driver's License not required but rider must be at least 16 years of age."

Motorized Vehicles

So how can he give me a ticket if I don't actually need a license???
Hey Matt
Sorry about your ticket......that sucks big time.

that reference is to electric bikes that have pedals = 406 B

406 A = Gas bikes that need a M2 or M1 license

What city was the cop from?
Was he on a bike or a car?

You could have gotten a ticket for not having the license plate
and for wearing the wrong kind of helmet too.
 

motorizedmatt

New Member
Aug 31, 2010
37
0
0
Orange County CA
Hey Matt
Sorry about your ticket......that sucks big time.

that reference is to electric bikes that have pedals = 406 B

406 A = Gas bikes that need a M2 or M1 license

What city was the cop from?
Was he on a bike or a car?

You could have gotten a ticket for not having the license plate
and for wearing the wrong kind of helmet too.
Really? but it says motorized bike, an electric bike isn't classified as motorized I don't think. The copwas from Fullerton CA, and he was on a bike. I was also wearing a DOT approved helmet
 

MotorBicycleRacing

Well-Known Member
Jul 28, 2010
5,844
109
63
SoCal Baby!!!
www.facebook.com
Really? but it says motorized bike, an electric bike isn't classified as motorized I don't think. The cop was from Fullerton CA, and he was on a bike.
I was also wearing a DOT approved helmet
Really...it says so right on the link you gave

Motorcycle, motor-driven cycle, motorized bicycle/moped (Section 406(a) VC)

Must obtain an M-1 or M-2 endorsement on a driver's license.
M-1 allows the driver to operate a motorcycle, motor-driven cycle and moped
M-2 allows for operation of a moped or motorized bicycle only.
To obtain an M-1 or M-2 endorsement, the driver must:

What is a moped or motorized bicycle?

There are two types of motorized bicycles, defined in the California Vehicle Code

(VC) Sections 406(a) and 406(b).

Section 406(a) VC
refers to a moped or motorized bicycle as any two or three wheeled device having fully operative pedals for propulsion by human power,
or having no pedals if powered solely by electrical energy, has an automatic transmission, and a motor which produces less than 2 gross brake horespower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

Section 406(b) VC
refers to a motorized bicycle as a device that has fully operative pedals for propulsion by human power and has an electric motor that:
Has a power output of not more than 1,000 watts;
Is incapable of propelling the device at a speed of more than 20 miles per hour on level ground; and
Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour.
 
Last edited:

motorizedmatt

New Member
Aug 31, 2010
37
0
0
Orange County CA
your right I just noticed that. Well looks like im screwed. Probably will have my license suspended for even longer now, really starting to dispise cops, everything you do nowadays you get a ticket for.
 

killercanuck

New Member
Dec 17, 2009
1,748
6
0
47
Wallaceburg ON
Sorry about your luck man! Correct me if I'm wrong, but if you challenge the ticket and the leo doesn't show up; you get off, right? But if he does show up, yea you're kinda screwed.

gl.
 

MotorBicycleRacing

Well-Known Member
Jul 28, 2010
5,844
109
63
SoCal Baby!!!
www.facebook.com
Sorry about your luck man! Correct me if I'm wrong, but if you challenge the ticket and the leo doesn't show up; you get off, right? But if he does show up, yea you're kinda screwed.

gl.
Yea, that will work for something like a stop sign or speeding that
the cop has to testify about
but you either have a license or you don't and the judge is looking
at your record...........

Hey Matt
Good luck and let us know how it works out, you could
try saying you didn't think you needed one as its just a
bike, right? You may get a dumb judge???

Electric bikes are the only legal way to go for you
 

bairdco

a guy who makes cool bikes
Aug 18, 2009
6,537
264
63
living the dream in southern california
in california they always show up now. every ticket i've fought, and everyone i know in the same boat, the cops always show. i think they cracked down on the cops that blew it off.

in some cases, CHP for instance, they make sure you show up, then they call the cop. he has like 3 hours or something to get there while you sweat it out, panicking everytime the courtroom door opens.

and as for you, Matt, there's a bunch of threads and hundreds of posts dealing with CA law. there really is no excuse for not being informed, especially since you looked it up yourself, and just read what you wanted to hear.

it sucks getting a ticket, i got one myself, but it's no one's fault but your own.
 

Eric2.0

New Member
Sep 22, 2010
242
6
0
NY
Here in NY if you have a suspended license or DWI, you cannot operate anything with an engine, even a lawn mower on public roads.

My buddy had a couple DWI's in a short time so he got his license revoked. One day he decided he would ride the lawn mower a mile or so down to his other friends house. His neihbo(who is a nosey prick) called the cops on him(he knew about the DWi thing. The cops showed up and took him to jail.
 

DudeZXT

New Member
Jun 20, 2010
115
0
0
Lexington, KY
Here in NY if you have a suspended license or DWI, you cannot operate anything with an engine, even a lawn mower on public roads.

My buddy had a couple DWI's in a short time so he got his license revoked. One day he decided he would ride the lawn mower a mile or so down to his other friends house. His neihbo(who is a nosey prick) called the cops on him(he knew about the DWi thing. The cops showed up and took him to jail.
Sounds like the prick was driving drunk and then driving a mower... Will he be the next one we see on TruTV World's Dumbest?

As for the OP, I bet a court appearance in professional attire and utmost respect for the court would go a long way with a No-Contest plea and a short statement about your attentive driving and having learned a lesson... May even ask if there is a class you can take in order to be permitted to drive it legally.
 

reb1

New Member
Aug 15, 2010
116
0
0
CALIFORNIA
It is quite easy to attract the attention of the police on a bicycle or MB. The green boys and there special interest groups have got the public ire up by pushing for bicycle lanes. The public is pushing for more enforcement on bicyclists. Running a stop sign is there number one complaint. Mine is riders going against traffic. Obviously you can be seen by motorists when you run a stop sign and you have probably been reported by some person on a cell phone before this happened. It is hard for me to imagine why anybody who already has a suspended license would run stops and lights in the first place.
 

Eric2.0

New Member
Sep 22, 2010
242
6
0
NY
Sounds like the prick was driving drunk and then driving a mower... Will he be the next one we see on TruTV World's Dumbest?
Oh he'll be on that show for sure.

I tend to stay away from him these days due to his constant wanting favors and no attempts to "do right" Plus coming to my house with my sister's kids running around listening to him F this and F that smelling like stale booz all the time..

Eh....I don't hang with that crowd.
 

the_edge150

Dealer
Aug 21, 2008
289
0
0
Monrovia,CA
i had the luck of the last ticket i got was for no license, no registration. the judge here in pasadena told them to stop wasting his time and worry about real problems on the street. at least up here they see them as what they are. bicycles. if you get a judge that is feeling nice on that day, or just decides that he wants to get to lunch quicker, he will dismiss it. i went around since i turned 16, until i turned 18 going around on them arguing "its just 16, and have a helmet" and the cops who didnt know too much on the subject, glanced at the DMV handbook i showed them and let me roll. but the one day i was stopped, i tried that, and he called in the motorcycle officer on duty, which knew EXACTLY what it was. he still let me off with the ticket, but he made me pedal it home, which was torture, because it was a 4 stroke bike, that instead of bend the cranks, i just installed cranks that were from a 12" bike. oh that was uncomfortable.
 

motorizedmatt

New Member
Aug 31, 2010
37
0
0
Orange County CA
Been doing alot of research on this, the driving on suspended is a Vc 14602.2a which says I was operating a motorized vehicle ( law is geared towards a car) with a license suspended for alchohol related offenses. Is it possible to get this dropped on the basis this is nothing like a car, it's just a bike? Because the MINIMUM penalty if I am convicted of it is 10 days in county jail+ a $300-$1000 fine. How lenient are judges on these types of cases? Anything I should bring up in court to help my case except saying this is my only way to get around and that I didn't know I needed a license?
 

Scotchmo

New Member
Jun 23, 2009
217
0
0
Los Osos, California
Been doing alot of research on this, the driving on suspended is a Vc 14602.2a which says I was operating a motorized vehicle ( law is geared towards a car) with a license suspended for alchohol related offenses. Is it possible to get this dropped on the basis this is nothing like a car, it's just a bike? Because the MINIMUM penalty if I am convicted of it is 10 days in county jail+ a $300-$1000 fine. How lenient are judges on these types of cases? Anything I should bring up in court to help my case except saying this is my only way to get around and that I didn't know I needed a license?
Lets say that you really were unaware of the intricacies of the motorized bicycle laws. You are going before a judge. Before you do, get yourself an electric bicycle. Bring proof when you go before the judge. Tell them that you were unaware of the differences in the law between gas assist and electric assist bicycles. You are now aware that only electric bikes can be ridden without a license so you obtained one and that is what you will be using. Maybe they will cut you some slack.

I know “ignorance of the law is no excuse”, but the motorized bicycle laws can be confusing to some people. So until the code is rewritten and simplified, I think everyone deserves a warning on the first offense. Maybe the judge will feel the same.

The following part of the vehicle code applies only to electric motorized bicycles:

24016(3) A person operating a motorized bicycle is not subject to the provisions of this code relating to financial responsibility, driver's licenses, registration, and license plate requirements, and a motorized bicycle is not a motor vehicle.
 
Last edited:

reb1

New Member
Aug 15, 2010
116
0
0
CALIFORNIA
Many laws are written ambiguously. This is done intentionally so the legal system can protect itself from lawsuits. The part of the law that requires you to have a license and a dot approved helmet where I live is clear enough. Needing to register is not even listed in the law. If I was pulled over and quoted a law that is not listed or not available to the the public eye I would get a civil rights lawyer and make the issue my prime directive. When you are pulled over by the police they legally need to have justifiable cause to detain you. I would politely ask the judge to give you a copy of the specific law that requires you to register your motorized bicycle. I do not have a problem with obeying any law. I do have a problem with the assumption that everything I do on a bicycle or MB is to be scrutinized. It is a constitutional right to travel down the road.
 

DudeZXT

New Member
Jun 20, 2010
115
0
0
Lexington, KY
Been doing alot of research on this, the driving on suspended is a Vc 14602.2a which says I was operating a motorized vehicle ( law is geared towards a car) with a license suspended for alchohol related offenses. Is it possible to get this dropped on the basis this is nothing like a car, it's just a bike? Because the MINIMUM penalty if I am convicted of it is 10 days in county jail+ a $300-$1000 fine. How lenient are judges on these types of cases? Anything I should bring up in court to help my case except saying this is my only way to get around and that I didn't know I needed a license?
All depends on the judge & your attitude in court, man. Years ago I lived near Maumee, OH and there was a judge whose daughter or other close relative got killed by a drunk driver and anyone who had a DUI charge and went before him was in for a load of hurting...

Respect for the court really does go a long way. I don't know that the term "motorized" would only apply to electric, unless definitively stated in the law.
 

bairdco

a guy who makes cool bikes
Aug 18, 2009
6,537
264
63
living the dream in southern california
this is exactly what i mean when i say people are just looking for a way to justify it to themselves, and read into the laws what they want to hear:

(1)... Needing to register is not even listed in the law. If I was pulled over and quoted a law that is not listed or not available to the the public eye I would get a civil rights lawyer and make the issue my prime directive.

(2)When you are pulled over by the police they legally need to have justifiable cause to detain you.

(3)I would politely ask the judge to give you a copy of the specific law that requires you to register your motorized bicycle.

(4)It is a constitutional right to travel down the road.
i've divided your post in 4 points.

point 1: this is clearly listed in the DMV handbook under the "moped" section, Motorcycles Mopeds Scooters defined

it reads:•A Motorized Bicycle is issued special license plates and identification cards, which require a one-time $18 fee. No renewal required. (M2) moped/scooter only license or an M1.

it's also clearly stated here:V C Section 5035 Special License Plate Display Transfer and Destruction

point 2: basically, refer to point one, and to the original posters own admission. no plate, running a stop sign, etc, is just cause to be pulled over and detained.

point 3: the judge will have the proper law, since it's probably written on the ticket.

point 4: driving is a "priviledge," not a right. roads are paid for by tax dollars, and so are the police who enforce them. it is public property, but it comes at a price.

i'm not trying to be a lawyer or a cop about this, but taking advice from anyone that ignores the law, is blind to the law, or disobeys the law is just stupid. if you go into court and argue the law with the judge or the cop, you will lose. if you say "but it doesn't say i need this..." or "i don't need to do this because..." they will be glad to point out where it does say that or where you do need to do that. cops and judges hate to be told the law by citizens. the only way it'll work in your favor, is if you're 100% right. and in this case, you're not.

my advice is to just take your lumps. dress nice, be respectful, insert the proper "yes sir's" and "no, your honor's" in the right places, and hope for the best. if the judge is cool, he might let you slide without treating it like a suspended license in an automobile, and treat it like the semi-harmless offense that it is.

bottom line is, you're guilty. nothing's gonna change that. fair or not, you can't just wish it away.
 

Maxvision

New Member
Jun 13, 2009
551
1
0
San Diego, CA
Learn all the bike paths, short cuts too narrow for a car, etc. If you have the balls....run for it. Maybe see you on one of the cop shows...lol.
 

MotorBicycleRacing

Well-Known Member
Jul 28, 2010
5,844
109
63
SoCal Baby!!!
www.facebook.com
Learn all the bike paths, short cuts too narrow for a car, etc. If you have the balls....run for it. Maybe see you on one of the cop shows...lol.
Evading the cops in CA is up to one year in County Jail now.....

V C Section 2800.1 Evading a Peace Officer

Evading a Peace Officer

2800.1. (a) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if all of the following conditions exist:
also
(b) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s bicycle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if the following conditions exist:
 
Last edited: