Texas law for engine assisted bicycle

[turbo/chaos]

yo sorry never ment to insalt but evry one i deal with gose to the txdot or dps and they just look at them like they are stupid for asking that qestion and then i tell them to go back up ther with the state code and then out of nowhere a new law comes falling from the sky and they all say the same thing wow this is new and never new that this was here

 

[badpenny]

No harm done. But thankyou for posting up the State code. Now from what I have gathered, you need to be looking at
§ 551.301. DEFINITIONS. In this subchapter:
(1) "Neighborhood electric vehicle" means a vehicle
subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R.
Section 571.500).
(2) "Motor assisted scooter":
(A) means a self-propelled device with:
(i) at least two wheels in contact with the
ground during operation;
(ii) a braking system capable of stopping
the device under typical operating conditions;
(iii) a gas or electric motor not exceeding
40 cubic centimeters;
(iv) a deck designed to allow a person to
stand or sit while operating the device; and
(v) the ability to be propelled by human
power alone; and
(B) does not include a pocket bike or
minimotorbike.
(3) "Pocket bike or minimotorbike" means a
self-propelled vehicle that is equipped with an electric motor or
internal combustion engine having a piston displacement of less
than 50 cubic centimeters, is designed to propel itself with not
more than two wheels in contact with the ground, has a seat or
saddle for the use of the operator, is not designed for use on a
highway, and is ineligible for a certificate of title under Chapter
501. The term does not include:
(A) a moped or motorcycle;
(B) an electric bicycle or motor-driven cycle, as
defined by Section 541.201;
(C) a motorized mobility device, as defined by
Section 542.009;
(D) an electric personal assistive mobility
device, as defined by Section 551.201; or
(E) a neighborhood electric vehicle.

Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1325, § 19.07, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 281, § 2.86, eff. June 14, 2005.

Text of section as amended by Acts 2005, 79th Leg., R.S., Ch. 1242,
§ 2

For text of section as amended by Acts 2005, 79th Leg., R.S., Ch.
281, § 2.86, see other § 551.301.


§ 551.301. DEFINITION. In this
subchapter, "neighborhood electric vehicle" means a vehicle
subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R.
Section 571.500).

Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1325, § 19.07, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 1242, § 2, eff. June 18, 2005.


§ 551.302. REGISTRATION. The Texas Department of
Transportation may adopt rules relating to the registration and
issuance of license plates to neighborhood electric vehicles.

Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003.


§ 551.303. OPERATION ON ROADWAYS. (a) A neighborhood
electric vehicle may be operated only on a street or highway for
which the posted speed limit is 35 miles per hour or less. A
neighborhood electric vehicle 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) A county or municipality may prohibit the operation of a
neighborhood electric vehicle on a street or highway if the
governing body of the county or municipality determines that the
prohibition is necessary in the interest of safety.
The Texas Department of Transportation may prohibit the
operation of a neighborhood electric vehicle on a highway if that
department determines that the prohibition is necessary in the
interest of safety.

Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003.


§ 551.304. APPLICATION OF SUBCHAPTER TO POCKET BIKE OR
MINIMOTORBIKE. This subchapter may not be construed to authorize
the operation of a pocket bike or minimotorbike on any:
(1) highway, road, or street;
(2) path set aside for the exclusive operation of
bicycles; or
(3) sidewalk.

Added by Acts 2005, 79th Leg., Ch. 281, § 2.87, eff. June 14,
2005.


This is what I meant by having a lawyer that can argue/persuade the judge. I meant no bad feelings, nor have I fealt any. Now I know where to find it, now we need to write in to get this law iron clad.

SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS


§ 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 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.

Added by Acts 2005, 79th Leg., Ch. 1242, § 3, eff. June 18, 2005.


§ 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. (a) 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) A 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) A 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) A provision of this title applicable to a motor vehicle
does not apply to a motor-assisted scooter.

Added by Acts 2005, 79th Leg., Ch. 1242, § 3, eff. June 18, 2005.

 

[turbo/chaos]

§ 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 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.

Added by Acts 2005, 79th Leg., Ch. 1242, § 3, eff. June 18, 2005.


§ 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. (a) 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) A 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) A 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) A provision of this title applicable to a motor vehicle
does not apply to a motor-assisted scooter.

Added by Acts 2005, 79th Leg., Ch. 1242, § 3, eff. June 18, 2005.

ahh here we go this is the go stuff right here so its 551.351 ok but yes they are legal

but to say its still alot of grey zone if you ask me

 

[Saddletramp1200]

Yea! M.I.B. movie, don't start none, and there won't BE none. Ride safe don't cause undue attention to yourself, and when your sure no one is looking, RIDE IT LIKE YOU STOLE IT! We are at a very nice place right now.
We have the oppertinity to look good, or bad. Heroes or villans. Wave at old people, obey the traffic laws, and have a ball. Later Tramp

 

[Papabear86]

Guys, I have spoken directly with the MVD and the rules that are posted regarding our mode of transportation have been rescinded.

Info is from Brad Bray and Molly Cost

Look em up

 

[turbo/chaos]

holy crap

ok guys here in college station the campus precent 3 is now inforceing and stoping and harasing any one who rides a mb

a man named spencer jials is behind it all who is with the town comity
(i cant spell right now on meds)

but they are trying to get it passed that they will be forced to get all things to be a motorcycle Fing BS striaght up BS if you ask me but they are going with the motor assited scooter thing but you most prove you have all that it ask for in the code

so im working on it and also i have a meating with spencer in two weeks to show him a MB in person b/c he said he has never seen one

any one in texas care to petion the things that they are doing well join in because if it happens here it could be comeing to you soon

 

[cfillinger]

(2) "Motor assisted scooter" means a self-propelled device with:
(A) at least two wheels in contact with the ground during operation;
(B) a braking system capable of stopping the device under typical operating conditions;
(C) a gas or electric motor not exceeding 40 cubic centimeters;
(D) a deck designed to allow a person to stand or sit while operating the device; and
(E) the ability to be propelled by human power alone.

 

[sojudave]

It's gotta depend on where in texas you live. In ATX, hardly anyone cares. but elsewhere they might throught the book at you.

 

[Saddletramp1200]

Guys, you keep raising cain and you will force the idiots to "do" something about it. I rode again today with three bicycle police oficers and they like the bike, and me.

 

[biknut]

The only person in this thread I see that's got it right is Papabear86

He said there's no law dealing with motor assisted bicycles in Texas. That's correct.

Most people keep referring to the laws about motor assisted scooters. Our bikes don't fit the definition of motor assisted scooter, because we don't have floorboards.

Most police will claim we're riding a unregistered moped. This is what you need to be prepared to defend against in court. Also it's impossible to register a China Girl as a moped in Texas, because none of them are on the approved list of recognized mopeds.

The best argument I know of to defend against unregistered moped is to claim that a motor assisted bicycle doesn't fit the definition of moped because, moped is defined under Texas law as a motor driven cycle. Motor driven cycle implies a cycle that can be started and ridden away under it's own power. Obviously a motor assisted bicycle doesn't fit that description because you have to use human peddle power to start it, and also it's designed to be peddled away from a stop.

I got this information from the DPS motorcycle safety division in Austin. When I ask about using this defense I was told maybe. That motor assisted bicycles are a gray area in the law, because when the legislature wrote the laws pertaining to mopeds they didn't have motor assisted bicycles in mind, because they didn't know about them at that time.

 

[biknut]

The only person in this thread I see that's got it right is Papabear86

He said there's no law dealing with motor assisted bicycles in Texas. That's correct.

Most people keep referring to the laws about motor assisted scooters. Our bikes don't fit the definition of motor assisted scooter, because we don't have floorboards.

Most police will claim we're riding a unregistered moped. This is what you need to be prepared to defend against in court. Also it's impossible to register a China Girl as a moped in Texas, because none of them are on the approved list of recognized mopeds.

The best argument I know of to defend against unregistered moped is to claim that a motor assisted bicycle doesn't fit the definition of moped because, moped is defined under Texas law as a motor driven cycle. Motor driven cycle implies a cycle that can be started and ridden away under it's own power. Obviously a motor assisted bicycle doesn't fit that description because you have to use human peddle power to start it, and also it's designed to be peddled away from a stop.

I got this information from the DPS motorcycle safety division in Austin. When I ask about using this defense I was told maybe. That motor assisted bicycles are a gray area in the law, because when the legislature wrote the laws pertaining to mopeds they didn't have motor assisted bicycles in mind, because they didn't know about them at that time.

I've been doing research on Texas law to back up the claim that a motor driven cycle implys a cycle that can be started and driven under it's own power, which would exclude a motor assisted bicycle, and I think I found pay dirt.

This is exactly what I was looking for and more.



ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
April 15 2004

Opinion No. GA-0179

bla bla bla,

Article 4413(37) contains no definition of either “automobile” or “motor vehicle.” We must
therefore look to other statutes and case law to discern the meaning of those terms. See La Sara
Grain Co. v. First Nat ‘I Bank, 673 S.W.2d 558,565 (Tex. 1984). In Nichols v. State, 242 S.W.2d
396 (Tex. Crim. App. 195 1), the court held that the word “automobile,” as used by the legislature
in describing the offense of driving while intoxicated, “is a generic term which includes the motor
vehicle commonly known as a ‘truck.“’ Id. at 397. In SmaZZ v. State, 631 S.W.2d 201 (Tex.
App.-Corpus Christi 1982, no writ), the court held that, for purposes of the offense of driving while
intoxicated, “automobile” is broad enough to include “motorcycle.” No Texas case has held,
however, that self-propelled farm or construction equipment is embraced within the definition of
“automobile” for purposes of article 4413(37).
The Texas Supreme Court has held that, in common usage, the terms “automobile” and
“motor vehicle” are not synonymous:
The courts have held the term “motor vehicle” to be different from
and broader than the term “automobile.“. . . Common usage has
made the phrase “motor vehicle” a generic term for all classes of selfpropelled
vehicles not operating on stationary rails or tracks, and
therefore, as a result all automobiles are motor vehicles, but the
contrary proposition is not true. The term “motor vehicle” is much
broader than the word “automobile” and includes various vehicles
which cannot be classified as automobiles.
Slaughter v. Abilene State Sch., 561 S.W.2d 789’791-92 (Tex.. 1977). There is no single definition
of “motor vehicle” under Texas law. Under the Certificate of Title Act, for example, “motor
vehicle” includes “any motor driven or propelled vehicle required to be registered under the laws of
this state; a trailer or semitrailer . . . that has a gross vehicle weight that exceeds 4,000 pounds; a
house trailer; a four-wheel all-terrain vehicle . . .; [and] a motorcycle, motor-driven cycle, or moped.”
TEX. TRANSP. CODE ANIN. 5 501.002(14) (Vernon Supp. 2004). For purposes of Motor Vehicle
Safety Responsibility Act, a “motor vehicle” is “a self-propelled vehicle designed for use on a
highway, a trailer or semitrailer for use with a self-propelled vehicle, or a vehicle propelled by
Mr. Mac Tristan - Page 5 (GA-0179)
electric power fkom overhead wires and not operated on rails.” Id. 0 601.002(5) (Vernon 1999).
Other statutes define “motor vehicle” in various but similar ways. A number of statutes emphasize
the “highway use” aspect in defining the term. See, e.g., id. 0 647.001 (Vernon Supp. 2004) (relating
to the motor transportation of migrant agricultural workers); TEX. TAX CODE ANN. Ej 162.001(44)
(Vernon Supp. 2004) (relating to motor fuel taxes); TEX. NAT. RES. CODE Am. $ 116.001(8)
(Vernon 2001) (relating to compressed natural gas).


http://www.oag.state.tx.us/opinions/opinions/50abbott/op/2004/pdf/ga0179.pdf



I think this clearly defines a motor vehicle as self propelled, not human peddled. This should at the very least establish a benefit of doubt for a jury. This is probably why the DPS told me it's a gray area in the law, but didn't volunteer to tell me why.

 

[biknut]

Pete
All I have on Texas law is the letter I wrote and the reply I received.
There it is in a nut shell.
we do not have a category for bicycles with gas motors (motor-assisted bicycles) only electric motors (electric bicycles). since it does not have a vehicle class it would keep you from riding it on the road, you would not be able to ride it under power on sidewalks and bike paths either since it’s not an electric bicycle.

I’m sorry for the inconvenience this has caused and don’t know if you have the ability to convert the motor to electric, but that’s the only way you would be able to classify it as an electric bicycle since we don’t have a motorized bicycle category.

If you have any questions, please feel free to contact me by email or at either of the numbers below. You can also visit our homepage at Texas Department of Public Safety - Courtesy, Service, Protection for more information or to download forms.

Thank you,

Cindy Flores

Training Specialist III

TxDPS Motorcycle Safety Unit

512-424-2817 or 800-292-5787

Fax# 512-424-2506

I called Cindy Flores in Oct 2010 and she gave me a different answer so I think the DPS thinking may have changed a little from the time this thread was first posted.

What she told me is that the Texas moped law was not designed to include motor bicycles, and that as it stands now motor bicycles are a gray area in the law.

What that means is not exactly legal, and not exactly illegal. The reason being is that, since there's no law specifically identifying motor bicycles, there's going to need to be a court case to set legal precedent. Officer Flores said as far as she knows that's never happened in Texas as of Oct 2010.

It was just assumed before 2008, when nobody really cared, that the moped law would cover motor bicycles. The problem with that is, in order to get a conviction for something like a ticket for riding an unregistered moped a prosecutor will have to prove in court that a motor bicycle fits the legal description of a moped in Texas.

The opinion now seems to be that, that's going to be an iffy proposition, and not necessarily in any prosecutor's best interest to find out.

 

[Rockenstein]

Biknut...

Seems most people assume that if something is not legal it is automatically illegal which of course is not the case in most civilized parts of the world. It's a tough deal getting people to grasp the concept that laws are very specific in everything they apply to including our bicycles. Laws are specific for good reason too. I mean if the law forbidding the theft of "livestock" was written to say "you may not steal chickens" all the other animals in the barnyard are fair game for a thief because they are not chickens.

 

[Lance Portnoff]

good luck to all in Texas

 

[biknut]

Biknut...

Seems most people assume that if something is not legal it is automatically illegal which of course is not the case in most civilized parts of the world. It's a tough deal getting people to grasp the concept that laws are very specific in everything they apply to including our bicycles. Laws are specific for good reason too. I mean if the law forbidding the theft of "livestock" was written to say "you may not steal chickens" all the other animals in the barnyard are fair game for a thief because they are not chickens.

No bull!!! If you look at the very first post in this thread it says,

"They told me being that there is no law covering a gas powered bicycle. It is not legal to ride"

I interpret that to mean exactly the opposite. If there's no law against it, it's legal.

 

[biknut]

good luck to all in Texas

Thanks, a little extra luck never hurt.

 

[fasteddy]

Biknut, my attitude anymore with are our bikes legal is like being a kid with a new wagon standing on top of Horse Killer Hill. If ya try it your going to be one of two things. The town kids hero and everyone slaps you on the back or the worst wreck anyone ever saw and when you get out, everyone says your nuts but they still think your a hero.
I say take the ride. If they bust you and the judge says your OK your the town hero. If the judge says your wrong, when you get out of the wreck we'll all be glad it was you and still say your a hero.
Just have to ask your self is it worth it.

Steve.

 

[Bukrub]

Hey all. I'm new to this forum and gas powered cycles. A buddy of mine is about to get a couple Golden Eagle setups and been showing them to me.

Here is my question. I have never had much interest in bicycles. But if these things are legal to drive on a bike path, would they not also be legal to drive on a bike path in the National Forest during Hunting Season. I was thinking of a bike trailer setup to get my gear a coup,e miles into the woods where I hunt. And of course I'm in Texas. would hate to spend a Grand on something I couldn't use.
Thanks

 

[biknut]

Hey all. I'm new to this forum and gas powered cycles. A buddy of mine is about to get a couple Golden Eagle setups and been showing them to me.

Here is my question. I have never had much interest in bicycles. But if these things are legal to drive on a bike path, would they not also be legal to drive on a bike path in the National Forest during Hunting Season. I was thinking of a bike trailer setup to get my gear a coup,e miles into the woods where I hunt. And of course I'm in Texas. would hate to spend a Grand on something I couldn't use.
Thanks

That's a good question. If other motorized vehicles are legal to ride in a national forest then a motorized bicycle shouldn't be any different. You might be required in install a spark arrester though.

As far as bike trails, most places don't allow motorized bicycles to ride on bike trails set aside for bicycles. If you're just peddling you are probably alright though.

 

[Bukrub]

These are really not bike paths per say, but rather Forest Service roads that are gated off. The signs say for hiking, biking or horses. If bikes are cool, would a Engine assisted be. I'm certain the Forest office would say you cant. but again, that doesn't mean it is illegal. I find few Game Wardens truly know the law, and that is why we have courts.