Illinois

[DuctTapedGoat]

(625 ILCS 5/1‑148.2) (from Ch. 95 1/2, par. 1‑148.2)
Sec. 1‑148.2. Moped. A moped is a motor‑driven cycle, with or without optional power derived from manually operated pedals, whose speed attainable in one mile is at least 20 mph but not greater than 30 mph, and is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears.
(Source: P.A. 96‑554, eff. 1‑1‑10.)

(625 ILCS 5/1‑145.001) (from Ch. 95 1/2, par. 1‑148)
Sec. 1‑145.001. Motor driven cycle. Every motorcycle and every motor scooter with less than 150 cubic centimeter piston displacement including motorized pedalcycles.
(Source: P.A. 90‑89, eff. 1‑1‑98.)

(625 ILCS 5/1‑140.10)
Sec. 1‑140.10. Low‑speed electric bicycle. The term "low‑speed electric bicycle" has the same meaning ascribed to it by Section 38 of the Consumer Product Safety Act (15 U.S.C. Sec. 2085).
(Source: P.A. 96‑125, eff. 1‑1‑10.)

(625 ILCS 5/1‑140.15)
Sec. 1‑140.15. Low‑speed gas bicycle. A 2 or 3‑wheeled device with fully operable pedals and a gasoline motor of less than 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.
(Source: P.A. 96‑125, eff. 1‑1‑10.)

(625 ILCS 5/1‑146) (from Ch. 95 1/2, par. 1‑146)
Sec. 1‑146. Motor vehicle. Every vehicle which is self‑propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power, motorized wheelchairs, low‑speed electric bicycles, and low‑speed gas bicycles.


Yeah, it's long, but it's all the pertinent stuff.


YES you can ride your china girl legally.

BUT you have to get a pass DMV inspection, get a state issued VIN, register, insure, and get your endorsement.

If you don't like it - you can get a <1 HP motor OR you can suck it up and register it like the local law requires you to.

SOURCE : http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1815&ChapterID=49

 

["the prussian" Shop Dogs]

Thanks for the input ,I do value EVERYONES opnion.
However no one ( in 25k. Views of this thread) has produced the law in question?
In IL. No mb can be a moped.
"A moped is a motor‑driven cycle, with or without optional power derived from manually operated pedals"
On an mb the rider is first gear , go ahead pop the clutch at a dead stop and see what happens.
This is also a catch 22 in that a moped is a motor vec. And an mb is not!
Sec. 1‑146. Motor vehicle. Every vehicle which is self‑propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power, motorized wheelchairs, low‑speed electric bicycles, and low‑speed gas bicycles.
So the type of device we ride has been expressly removed from the deff of motor vec. And has had the license req. Removed.
** *(625 ILCS 5/11‑1516)*
** *Sec. 11‑1516. Low‑speed bicycles.
** *(a) A person may operate a low‑speed electric bicycle or low‑speed gas bicycle only if the person is at least 16 years of age.
** *(b) A person may not operate a low‑speed electric bicycle or low‑speed gas bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway.*
** * A person may not operate a low‑speed electric bicycle or low‑speed gas bicycle on a sidewalk.*
** *(d) Except as otherwise provided in this Section, the provisions of this Article XV that apply to bicycles also apply to low‑speed electric bicycles and low‑speed gas bicycles.*
(Source: P.A. 96‑125, eff. 1‑1‑10.)
Not one word about needing a dl. ,and not one word about cc or horsepower?
No homebulit device has fed dot sticker , and was not manufactured as motor vec. Therefore can NOT be reg. In IL.

I don't meen to beat a dead horse or create an "endless" thread but no one has presented any legit law describing what the IL. Vec code uses as there deff of "one horsepower or less" the drafters of this law are politicans not enginers. They have no idea what a horsepower min. Is , it just let them pass a law to please us and not endanger there fed road money.
So my challenge stands...

 

["the prussian" Shop Dogs]

At last a voice of reason from the wilderness... I still have a tyrade or two in me but it's to nice out ,I'm going for a ride...

 

[happyvalley]

At issue is one question: When is a motorized bicycle a "low-speed gas bicycle" and when is it classified as a moped?

The police, quoting Illinois law, said a "low-speed gas bicycle" has fully operable pedals and a gasoline motor of less than 1 horsepower. Its top speed must be limited to 20 mph while carrying a person who weighs 170 pounds. If that is an accurate description of your motorized bicycle, you can ride it - on the road only - without a license, insurance and registration as long as you are 16 or older.

So this part of the newspaper story is accurate then, IL law has a defined class for motorized bicycles?

 

[DuctTapedGoat]

At issue is one question: When is a motorized bicycle a "low-speed gas bicycle" and when is it classified as a moped?

When you surpass 1 HP or tune to exceed 20 MPH.

 

[SANGESF]

I can only speak from my experience...

I had a VERY BASIC 49cc motor and was able to do 27mph on a 140lb bike and me (190lbs) on it..
On my electric bike, I was running a 36v 25a controller (900w) and was able to do 22mph.
I'm running a 48v 30a (1440w) controller and am able to do 27mph.

Generally speaking it's widely accepted that 746w = 1hp.
Looking at my figures, you can see that, that holds true.

I would GUESS a 25cc motor would prolly meet the 1hp 20mph requirements..

 

[SANGESF]

My point was, given the bike was the same bike with the electric motor and with my very basic 5 year old, 49cc engine, it was able to put out way more than 1hp. My bike is heavy, and I'm 100% positive that it's heavier (@ 100+ lbs alone) then just about anyone else's bike, and unless you have the worst possible 49cc engine AND a ridiculously heavy, 200+ lb bicycle, you're definitely going over 20mph.

 

[FileStyle]

your bicycle can never be a registered vehicle. it is a Bicycle! the gray area is the motor. in black and white ,the law says 1HP or less. and not to exceed 20mph. it shouldnt matter what size motor that you use! why would GM build a 160 mph car when you can only run 65mph. it is up to the operator!! to keep it under the limit. it's a bicycle you dont need turn signals.
I would say that if you live in Illinois to get your bike fixed properly and attach reflectors and lights, wear a helmet and safety gear and keep it under 20 in town, when out in the country- W.O.T also I will post a pic later on the restrictor plates I make. Have you heard about the breathalizer's for the MB! to keep people from drinking and riding!

 

[SANGESF]

In terms of drinking and driving...

If you've NEVER had a license, they can't give you a breathalyzer...
If you have or had one, they can... I think every state has an implied consent law when you get a license.
(Doesn't mean, that can't give you a sobriety test tho..)

I don't know about Illinois, but here in Florida, a regular bicycle is a vehicle and there is a law about drinking and driving.. And yes, as a rider on a bicycle, you are a "driver", it's written in the state statutes...

I've not only seen people get in trouble for drinking and driving on a bicycle, but I've seen people get in trouble for drinking and driving on golf carts!

 

[SANGESF]

I just wish EVERY state had the same laws..
They should be this...
1.) Low Speed Bicycle = Gas or Electric with pedals up to 25mph. No DL
(Most bicyclists can achieve 25mph given the correct gearing and weight of bike).

2.) Moped / Scooter = Pedals or Deck up to 30mph. DL needed.
("Mopeds/Scooters" are generally much heavier than bicycles with small motors on them and handle MUCH differently)
3.) Motorcycle = No pedals or deck and speeds greater than 30mph. Motorcycle endorsement.

 

[happyvalley]

I just wish EVERY state had the same laws..
They should be this...
1.) Low Speed Bicycle = Gas or Electric with pedals up to 25mph. No DL
(Most bicyclists can achieve 25mph given the correct gearing and weight of bike).

2.) Moped / Scooter = Pedals or Deck up to 30mph. DL needed.
("Mopeds/Scooters" are generally much heavier than bicycles with small motors on them and handle MUCH differently)
3.) Motorcycle = No pedals or deck and speeds greater than 30mph. Motorcycle endorsement.

Mass did something like that 2 years ago. When I first heard about the change I thought --oh lookout --but it turned better for MBs. We went from 2 classes with a lot of gray area IE: either you had a moped/scooter or motorcycle and they needed to be registered....to 3 classes with clear definitions. In essence they created a scooter class or LUV, leaving motorized bikes not needing registration, insurance or inspection, only a $20 a year decal sent through the mail.

(excerpt from the RMV)

1. MOPED/MOTORIZED BICYCLE

a moped is a "motorized bicycle." In order to be classified as a moped, the vehicle must:

• Have a cylinder capacity of no more than 50 cubic centimeters.
• Have an automatic transmission.
• Be capable of a maximum speed of no more than 30 miles per hour.

Mopeds will not be operated:

• By any person under 16 years of age.
• By any person who does not have a valid license or permit.
• At a speed greater than 25 miles per hour.
• Without the operator and any passenger wearing a DOT standard helmet.

OPERATING REQUIREMENTS

Moped operators are subject to the traffic laws, rules and regulations of the Commonwealth.
Mopeds will have the right to use all public ways in the Commonwealth, except limited access or express state highways where signs prohibiting bicycles have been posted.
Mopeds may use bicycle lanes next to various ways but are excluded from off street recreational paths.
Moped operators must signal their intention to stop or turn by using either hand.
Mopeds may keep right when passing a motor vehicle which is in the travel lane of a way.

2. Limited Use Vehicle (LUV) A "limited use vehicle" is any motor vehicle that . . .

• has 2 or more wheels
• has a certificate of origin
• has a 17 character VIN
• has been certified by the manufacturer to meet Federal Motor Vehicle Safety Standards (FMVSS) for that particular class of vehicle (e.g. passenger, motorcycle, truck, etc.), and
• whose speed on a paved level surface can exceed 30 miles per hour but is not capable of exceeding 40 miles per hour.

3. Motorcycles

 

["the prussian" Shop Dogs]

Well had a long talk with IL. States attn.(ret) and the gist of the our talk was,
Firstly: any law writen is to be taken worded as is and has to be followed as is untill changed or amended.
Two :no law can create an impossible situation , but many are worded that way and have yet to be challenged , a citation can be issued and has to be taken before a judge to be cleared up .
Third: no one operating any device other then those defined as a motor vec can recive a dui for improper operation...now she was clear that dosen't keep law enforcement from stopping you and citeing you. And you can be cited with public endangerment and public intox. But it's still up to a judge to decide if you are to have your dl revoked or suspended.
Now I know of three people who have dui's from riding a bike and I ask about that and she reiterated that the police can charge you with ANYTHING they want to and it's our duty as citzens to desist whatever action and surrender to police and then go to court to get it sorted out.
When questioned about the whole horsepower thing I got the same basic answer ,once someone gets stoped ,cited, charged and given court date,then they can fight the validity of the law.
She was also quick to mention that in order to operate a bicycle on the roadway in IL. You are compled to submit to any random safety inspection that a police officer feels is needed.
625 ILCS 5/11‑1509) (from Ch. 95 1/2, par. 11‑1509)*
** *Sec. 11‑1509. Inspecting bicycles. A uniformed police officer may at any time upon reasonable cause to believe that a bicycle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the person riding the bicycle to stop and submit the bicycle to an inspection and such test with reference thereto as may be appropriate.*
(Source: P.A. 82‑132.)
So... Is having a motor attached a "reasonable cause to belive a bicycle unsafe"? It's all up to the cop pulling you over I guess???
There was several things we talked about that seemed to end in a catch 22, and in Our case it seems somebody has to go to court to figure it out.
I've seen this happen with other laws in IL. And in my experince it never ends well .

 

[FileStyle]

when they outlaw MB's, only outlaws will be riding.

 

[outlawbiker]

when they outlaw MB's, only outlaws will be riding.

yes,yes i will.


by the way guys,i moved out to the Los Angles/So Cal area and MB laws are kinda screwy here too,i read in their books you need at least an M2 DL, plates/registration and some kind of insurance,however there are seriously TONS of people riding all over and around out here without NONE of that. I was having a few beers at the VFW here and stop one guy on his MB and asked him,said cops dont care here about that law,but im not rolling the dice myself.

good luck to you all back in Illinois,keep up the good fight!

 

[Manxman]

New member. I have had 4 plus dui's and last one was a permanent revolk in Illinois. I have read all in this thread, and quite frankly I was optimistic in legally driving an all electric bike, but now I'm a bit nervous in trying as if I could be charged with driving on revolked, I would certainly buy myself 3 years in doc.
Don't know so much about these ebikes, but almost ordered this one yesterday, but after reading, thought I would wait and maybe one of you could tell me if this bike would be legal in Illinois. It is a Busettii Big 50, supposedly can get 50 miles on a charge without peddling or so they advertise. I am worried that the bike advertises a 3 Phase Quad Torque DC Electric 600 watt motor to torque up 4X and wattage up to 300% (1800 watts) When on big or steep hills but then to torque down to the 600 watt economy mode when not under stress. Says max speed no peddle around 20. If someone has the time, I would appreciate someone looking at it as I don't wish to get arrested saying I'm driving an invalid vehicle and be subject to a charge of driving on revolked. I also don't know whether the small town, 5000 population has any ordinances outlawing an electric bike and hesitate to ask authorities as small town knows everybody and if an ordinance, I would be arrested by my neighbor cop 3 houses down who testified against me on my last dui. Could someone take a look at this website if someone has time and see if you think I would be legal or not? I thought an electric without the gas noise might go over better. Here in this town, the authorities seem to want to make sure you only pedal a regular bike or walk. Kind of like continuous punishment for life. Would have been better to be a robber than a drunk driver. Here's the site. http://www.busettii.com.wvproxy.com/?wvsessionid=f10265f3807b4811ab8621a1fd878587 Thanks anybody, before I drop the $1670 total they quoted me shipping and tax included. btw, although I'm 69, I'm in good shape, but can't or don't want to walk forever... manxman

 

[SANGESF]

For the bike, have them set a 20mph top speed and you don't need a license..
For the distance, figure a max of 30 miles no pedaling, with mostly flat and no winds..
With some hills and wind against you, figure 20miles

Also realize, that you can NOT operate it at all on a sidewalk (even if only pedaling) and you can't park it on a sidewalk nor a bike rack.

 

["the prussian" Shop Dogs]

I've never heard of any elec bike getting stoped in IL. They seem to consentrate on gas mb's . Sound like you would be legal to me , but wow thays some price tag!
I think you can ride a gas mb without any issues but it's been hotly contested here , if you still have a lawyer handleing things for you ask them. I just got full reinstatment of my dl and rode the whole time i was revoked (and was pulled over six times). Each time haveing the new law in hand saved my ass. My lawyer reviewed all new laws for me while on retainer and came to the conclusions that I've shared in thread already.
Myself and many others petitioned sen. Sterns to remove all dl req. From bill before passing. Frankly I don't know were all that talk is comeing from? If it's not a law in black and white AND in the IL. Vec. Code it has no berring.
If theres some concrete proof that I've over looked some one needs post the law in question?

 

[Manxman]

Thanks Prussian and Sangesz (can't park in a bike rack? Where in the mell does one park the thing?

Reason I'm so concerned is I've got this cop that lives 3 houses down (although on end of street and I rarely see him, but I've found from friends they do see and moniter you) and he would love to put me in a harness for whatever reason, I don't have a clue because only experience when he arrestet me in 2006. Very clanish little town I wasn't raised in.

I know it's expensive, but I've searched electrics and can't find much of anything that has a range of over 10 or 20 miles and so one can cut that in half in reality.

Price on Schwinn's with much less range, they want over $2600 any shop you contact.

In this ad, it says, " Busettii's Big 50 Mile Cruiser is designed for fast acceleration from 0--22 mph. The top speed in pedal assist mode is up to 27 mph but we can also govern the speed if you want." Is this what you mean by having them set the speed at 20 miles maximum?

Ad also says, "Busettii 3 Phase Quad Torque DC Electric motors are UNIQUE because they allow a 600 watt motor to torque up 4X and wattage up to 300% (1800 watts) When on big or steep hills but then to torque down to the 600 watt economy mode when not under stress." Does the 4X part of up to 300% violate the 750 watt Illinois maximum or does the 600 watt listed keep it within the law?

2 other things, I have corresponded with them by email. Would it not be best to send them a copy of the Illinois law and ask them for certain if their bike qualifys or meets Illinois standards?

Also, I don't know of city ordinances, but I'm thinking they had something to keep the pocket bikes and golf carts off the streets. This is a very small town and I believe I would be the only one having an electric bike much less a gas bike which since they know me would most likely stop me for sure using gas. I don't want to ask anyone in authority as even if legal, they would know and watch me like a hawk so I was wondering just how does one find out whether there are city laws against this. Can one find out these things in a city library?

I'm very concerned as I have a business in town and getting a driving on revolked would get me 3 years in this state for sure and thousands of dollars just as last time. Seems Illinois puts out a law and you have to be ultra concerned they're going to try to use it against you to lock you up. One dui in last 20 years and got 2 years for that and you are forever on their radar in these little towns. Had several dui's years before when younger as to why permantly revolked. Court acted like they were all done in the same week. Oh well, all stories similar, I believe.

Apoligize for such a long post, but is important and anybody with any help or suggestions would be appreciated and thank you

 

[happyvalley]

Friend, I don't mean this in the slightest way harsh or snarky but reading through your posts, if it were me and I was risking 3 years in the slammer, I sure wouldn't be relying on the word of a Ebike vendor nor the advice I got off a message board. If it took paying a DUI attorney a couple three hun to make absolute certain, it would be the best money spent 'cause 3 years is a looong time.

 

[Manxman]

Happy. I'll probably have to do that, but don't think I can get an attorney from this as all are general practioners that don't do much other than divorce cases. This little town has 18 to 20 cops and I have an auto insurance agency so they all know me and since I'm not originally from this town, none care much for me as mine is a high risk agency and cater to those auto drivers needing sr22's.

I originally thought I wouldn't have any problem, but after reading the thread about all the problems on the gas bikes, I'm for certain when they saw the battery pack on the back, it's going to pike their interest and for sure I'll get stopped. Only 2 stop lights in town and one is across a highway so they're going to see me all the time for sure.

It really gets to me, when they lock you up for retribution or punishment and you get out, they don't want to see you on anything other than your feet or a straight pedal bike so they make certain you're not getting by with any thing easy. I dare not to take my riding mower from my house across the street to mow my daughters lawn as they arrested a friend of mine for riding his mower from the mower shop back to his home. Said the mower was transporting him so he got a driving on revolked even this instance of taking the mower from the shop to home. Ah well. manxman