20mph is a federal law for electric assisted bicycles. We should be allowed to do what the speed limit signs say as long as we are obeying the basic speed law. Where do these geniuses come up with this stupidity. If people in Texas want to have the right to ride a motorized bicycle than they need to get together and write there state rep and lawyer up for represintation. It is against our constitutional rights to block access to the road. We the people are supposed to serve us not line there pockets with our blood sweat and tears.
49cc and 30mph seems to be the law in Texas
- Thread starter george_n_texas
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I think it would probably be a good idea for us Texas riders to join the TMRA.
Texas Motorcycle Roadriders Association
Texas Motorcycle Roadriders Association
Ok, one more time. If you are riding stupid, you are going to get stopped. I rode in Corpus Christi 2 years always wave to people and the cops wave back. I live in Houston and wave at cops all the time. I have a gray beard to my chest and wear old clothes and a HELMET. 30 mph down a sidewalk don't get it. I have sold 17 bikes and none of my customers have been stopped either. I ride a SUN 29" with a 4 stroke Dax Titan most of the time. It goes way over 30 mph. BUT I ride smart. If you get stopped you did it to yourself.
Anyone know who we would need to contact at DPS or which State Representative we could talk with to get CLEAR definition of what is legal and what is not? If there is some level at which we can use a gas powered bike on Texas/Austin streets (Maybe a Honda 35cc 4 stroke?),...I would like to see us be able to have a print out of something that we could carry with us at all times that would essentially eliminate the possibility of receiving a citation or ticket when the document/print out was presented to the officer stopping the rider of the motorized bicycle.
What you want does not exist. I talked to an Officer Flores in the motorcycle safety division of the DPS in Austin. This is what she told me.
She said it's a gray area regarding motor bicycles legality in Texas. When the legislature made the Moped law they didn't have motor bicycles in mind. It's up each locality right now to decide how the moped law applies to motor bicycles.
That's the information she volunteered.
I then ask her some questions about how to defend against possible citations in court. The most likely citation will be for riding an unregistered moped. This is the one that you most need to defend against. Under Texas law it's not possible to register a bicycle at the DMV.
Texas law defines a moped as a motor driven cycle. All motor vehicles in Texas are in fact defined as motor driven. Motor driven implies a vehicle that can be started and driven away under it's own power.
I ask officer Flores if since a motor bicycle has to be peddled up to speed before the motor can drive the vehicle, would that be a possible defense in court. She said maybe it would. She can't say for sure because there's never been a court challenge in Texas that she's aware of.
Winning that action in court would establish precedent and open the state to motor bicycles. Because of this, most prosecutors will probably drop the charges if you challenge. If you just pay the fine without challange, they'll take your money.
I made a copy of this article to carry around with me in case I get pulled over. In it, a DPS spokesperson says motor bicycles don't need special licenses.
Motorized bikes not your typical motorcycle | smith, bikes, bike - Now - TheMonitor.com
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Just out of curiosity...
Whats the real difference between a bicycle with a gas motor and a moped?
I would think a bicycle with a gas motor is more dangerous than a moped.
Mopeds are built out of steel as opposed to aluminum for bikes, they have DOT approved tires, and usually already have lights, directionals, brake lights, etc.
Whats the real difference between a bicycle with a gas motor and a moped?
I would think a bicycle with a gas motor is more dangerous than a moped.
Mopeds are built out of steel as opposed to aluminum for bikes, they have DOT approved tires, and usually already have lights, directionals, brake lights, etc.
It is not that hard to get DOT approval if you are a manufacture. You say stronger and safer and you would think there would be some steel.
I was pedaling up a hill on my mountain bike and a young lady with a Honda spree pulled out of a driveway and ran head on into me. Her Honda was totaled and she went to the hospital. I did not go to the hospital and there was no damage to my bicycle. A few years later I was riding a moped to work and a dog ran into the right front side of it. The moped was totaled. I have had a dog do the same to my bicycle and no damage.
I was pedaling up a hill on my mountain bike and a young lady with a Honda spree pulled out of a driveway and ran head on into me. Her Honda was totaled and she went to the hospital. I did not go to the hospital and there was no damage to my bicycle. A few years later I was riding a moped to work and a dog ran into the right front side of it. The moped was totaled. I have had a dog do the same to my bicycle and no damage.
My biggest worry is not really the bicycle. My knees ache just thinking about those crashes.
I hope hope like all heck I never get into anything. We all know that is not enough. lol.
I hope hope like all heck I never get into anything. We all know that is not enough. lol.
This is what I suspect is a legal difference,
a moped is defined in most states as a motor driven cycle. Motor driven, describes any vehicle that you can start, and drive away under it's own power.
A motor bicycle, at least mine anyway, cannot be driven away from a stop under it's own power. Motor bicycles are designed to be peddled up to speed before the motor takes over.
That's the difference.
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Here's the current law in Texas from the Transportation code : TRANSPORTATION CODE**CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
Scroll down to subsection E / Motor Assisted Scooters.
Scroll down to subsection E / Motor Assisted Scooters.
You are using an incorrect definition. So these laws don't apply to Motor assisted scooters, which is what a motorized bicycle is called in Texas according to the Transportation code. Here's the link : TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLESTexas Department of Public Safety
Certified Mopeds
(Revised March 18, 2009)
Information contained herein supersedes information contained in all Certified Moped lists, whether published as
special announcements, attachments to special announcements, or supplements to special announcements.
The attached list of mopeds has been certified by the Department of Public Safety as meeting the Texas legal
definition of a moped according to TRC �541.201(8). That is, it cannot attain a speed more than 30 miles per
hour, has a piston displacement of 50 cubic centimeters or less and does not require the operator to shift gears.
This is not a complete list of all mopeds, rather a list of mopeds brought to our attention for classification review.
In instances where a motorized cycle is not on the list yet meets the above requirements, an affidavit must be
completed by either the local dealer or manufacturer to verify requirements; dealer or manufacturer websites can
be not used to verify information. The �Affidavit to Verify Requirements for Moped Classification� can be found on
our website. Any two-wheeled vehicles that do not meet these requirements must be registered as a motorcycle.
Please note the revision date on this list and keep this list until superseded by a new list with a later revision date
Scroll down a bit to subsection E / motor assisted scooters.
You're also incorrect. Gas powered motor bicycles aren't motor assisted scooters either because they don't haveYou are using an incorrect definition. So these laws don't apply to Motor assisted scooters, which is what a motorized bicycle is called in Texas according to the Transportation code. Here's the link : TRANSPORTATION CODE**CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
Scroll down a bit to subsection E / motor assisted scooters.
"a deck designed to allow a person to stand or sit while operating the device;"
You could also argue they're not self propelled too, since you need to peddle them from a stop.
Perhaps, I shouldn't have used the term incorrect, but We are trying to clarify what the laws actually are concerning our great hobby, Right ?
I don't understand what " a deck" is meant here. I assumed it was a seat or something of the kind. Anywho, I'm gonna stand by what I found in the Texas Transportation code until somewhere it is shown to be otherwise.
Still a friend ?
You bet.
When they say deck they're talking about a thing like a skate board that you can stand on, and has handle bars, like a scooter you push with one leg (think razor). Sometimes when they're motorized they have a seat.
Peddles are not considered a deck even though you can stand on them WTF.
After further review......I jumped the gun !! Here is a correction from that same transportation code : (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.
this is under subchapter D. Boy those attorneys and their laws. The definition that seems to fit is a Pocket bike or Minimotorbike.
Here's another interesting link on the subject : http://www.ehow.com/list_7218727_texas-mini-motorcycle-laws.html
So.....a motor-assisted bicycle is =or<40 cc. Minimotorbike is between 40-50 cc. then there's the motor assisted scooters and moped. SHEESH!!
So.... biknut and Papabear86 ARE CORRECT in an earlier post that there really is no law (for now) that applies to motor-assisted bicyles.
(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.
this is under subchapter D. Boy those attorneys and their laws. The definition that seems to fit is a Pocket bike or Minimotorbike.
Here's another interesting link on the subject : http://www.ehow.com/list_7218727_texas-mini-motorcycle-laws.html
So.....a motor-assisted bicycle is =or<40 cc. Minimotorbike is between 40-50 cc. then there's the motor assisted scooters and moped. SHEESH!!
So.... biknut and Papabear86 ARE CORRECT in an earlier post that there really is no law (for now) that applies to motor-assisted bicyles.
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I don't understand the difficulty.
It's a moped.
Mopeds have always been basically a bicycle with a gas motor on it.
It's either a moped or you can't use it on the roads, that's my opinion.
It's a moped.
Mopeds have always been basically a bicycle with a gas motor on it.
It's either a moped or you can't use it on the roads, that's my opinion.
Well there's nowhere in the Texas law that says anything about a motor assisted bicycle. Only motor assisted scooters, which clearly we're not. A motor driven cycle is not what we are either. Motor driven cycle, means self propelled too. We're not technically self propelled because you have to peddle up to some speed before the motor takes over. When I talked to the DPS they told me motor assisted bicycles are a gray area in Texas law. If you get a ticket it Will probably be for a unregistered moped. A moped is defined as a motor driven cycle, so if you know how to represent yourself in court you can probably win, but you'll need to be armed with the facts about the law and the definitions, and probably need some documentation to back it up.
The DPS disagrees. Moped is a generic term that in different states can mean different things, but in most states it means motor driven cycle, of a specific size. In Texas motor driven cycle also means self propelled. All motor vehicles in Texas are defined as self propelled. That's the heart of the problem for Texas law. Motor assisted bicycles are not specifically defined, and it can be argued are not self propelled.
Right now it's kind of a Mexican stand off. If a prosecutor takes you on and loses, it sets precedent for the whole state. If you get a ticket and just pay, they'll take your money. If you decide to challenge they dismiss before it gets to court. If anybody gets charged it will probably be me first, because the local police in my town said all motor bicycles are illegal, but when I ask what law I'd be breaking they couldn't or wouldn't tell me. So far when they see me they just keep on going.
The DPS said the law they'll probably site will be for mopeds. Whether they can make it stick depends. The DPS which are the state police don't think so, and don't bother people.
This is good news
In law , there has to be definitions in a code that are clear and applicable and current.
You'll win in court, by showing a lack of clear definition in the transportation code.
But let's not get carried away with a good thing. Stay on the cool side and use 40cc engines or less. We need to make friends and make Texas a motor-assisted bicycle friendly state. After all our highways and byways go on forever.............................................