Idaho Moped Law

[GreedyRogue]

Just to muddle this up a bit further. I know our bikes fall under the moped definition, but, can a motorized bicycle be considered as something other than a moped? I know that it fits the definition true, but every person I have talked to, after explaining my motorized bike, I have to tell them it is a moped.

I know you used to be able to buy "actual" moped, but does a modern day conversion have to be considered a moped? Could our converted bikes just fall under a category that doesn't exist under Idaho law? Like a modified bicycle?

Most people think of this when you mention a moped, if you just describe our bike to a leo, most don't associate a motorized bike as a moped.

Just an interesting idea me and a friend came up with.

 

[DuctTapedGoat]

By origin of the word - Mo = Motor/Motorized/Motored Ped = Pedal/Pedalable/Pedaled.

A moped by state law falls into the class of Motorcycle - there are no specific laws giving mopeds any different treatment than a motorcycle. When you insure a moped, you don't insure it as a moped, you insure it as a motorcycle.

They don't fall under a category that doesn't exist. By Idaho law, a motorized bicycle operating legally (<50cc, pedals, <30 MPH, etc) is classified as a limited speed motor driven cycle. It is by definition of Idaho Code - NOT a moped, as a moped requires registration and insurance as a motorcycle to be street legal. If you get pulled over by a cop, you can say - it is a "Limited Speed Motor Driven Cycle", and I am operating within the law as stated under Title 49.

If you tune to go over 30 MPH or put a >50cc motor on it and don't get it VIN'd, it is an off road vehicle, and will need a spark arrester and off road registration.

There are GREAT technicalities in which motorized bicyclists operating legally can benefit from though.

One, is you can technically and literally hunt off of a motorized bicycle. No registration and insurance is another perk. You can also use left turn lanes legally, you're not required to signal when turning (as your left hand is working the clutch), don't have to stop at stop signs (only yield, and even defensively piggy back with a car to have the car block any traffic from the other side), and you don't get stuck at the end of a long line of cars at stop lights - you get to cross as soon as it goes green. If the road is in disrepair you can ride 3 feet into the street. If you're riding with someone else, you can take an entire lane of traffic and ride abreast. If there's so much snow you can't see the lines on the road or get traction in fresh snow - you can ride in car tire tracks.

There are many great reasons why riding in Idaho is awesome when you stay within the letter of the law.

 

[GreedyRogue]

Hey ducttapedgoat, do you have the specific codes that refer to not needing registered, titled or insured? I know that is the common consensus but I would love to be able to add those to my print out.

 

[SANGESF]

By origin of the word - Mo = Motor/Motorized/Motored Ped = Pedal/Pedalable/Pedaled.

A moped by state law falls into the class of Motorcycle - there are no specific laws giving mopeds any different treatment than a motorcycle. When you insure a moped, you don't insure it as a moped, you insure it as a motorcycle.

They don't fall under a category that doesn't exist. By Idaho law, a motorized bicycle operating legally (<50cc, pedals, <30 MPH, etc) is classified as a limited speed motor driven cycle. It is by definition of Idaho Code - NOT a moped, as a moped requires registration and insurance as a motorcycle to be street legal. If you get pulled over by a cop, you can say - it is a "Limited Speed Motor Driven Cycle", and I am operating within the law as stated under Title 49.

If you tune to go over 30 MPH or put a >50cc motor on it and don't get it VIN'd, it is an off road vehicle, and will need a spark arrester and off road registration.

There are GREAT technicalities in which motorized bicyclists operating legally can benefit from though.

One, is you can technically and literally hunt off of a motorized bicycle. No registration and insurance is another perk. You can also use left turn lanes legally, you're not required to signal when turning (as your left hand is working the clutch), don't have to stop at stop signs (only yield, and even defensively piggy back with a car to have the car block any traffic from the other side), and you don't get stuck at the end of a long line of cars at stop lights - you get to cross as soon as it goes green. If the road is in disrepair you can ride 3 feet into the street. If you're riding with someone else, you can take an entire lane of traffic and ride abreast. If there's so much snow you can't see the lines on the road or get traction in fresh snow - you can ride in car tire tracks.

There are many great reasons why riding in Idaho is awesome when you stay within the letter of the law.

ALL states require you to follow the MUTCD or Manual of Uniform Trafic Control Devices. (Eg.. Stop signs and the like).
You MUST STOP at stop signs.

Also you must signal a turn 100' before you make it, even though, you don't have to do it continuously.

Passing cars on the right is only IF there is 3' of room to their right..

You're giving people the idea that they don't have to follow the rules of the road, which is not only wrong, but dangerous, as well.

 

[GreedyRogue]

Update

I contacted the College of Southern Idaho law enforcement professor this weekend. I told him my situation and wanted to know who could give me a legal definition. He was nice enough to forward my message to the Twin Falls City Attorney, and this was his reply, copied straight from the email I received.

"Mayor Hall forwarded your email to me, as Twin Falls City Attorney. If the motor on your bike is under 50cc, and if the maximum speed is 30 mph, and if the power system operates directly or automatically without clutching or shifting after the drive system is engaged, then it is a “moped” and is not a “motor vehicle”. If it is a moped and not a motor vehicle, then no title, registration, motorcycle endorsement or driver’s license is required."

So straight from the Twin Falls City Attorney, NO license needed. I'm going to follow up with this and see what needs to be done to change the Idaho publications claiming a license is needed.

 

[GreedyRogue]

ALL states require you to follow the MUTCD or Manual of Uniform Trafic Control Devices. (Eg.. Stop signs and the like).
You MUST STOP at stop signs.

Also you must signal a turn 100' before you make it, even though, you don't have to do it continuously.

Passing cars on the right is only IF there is 3' of room to their right..

You're giving people the idea that they don't have to follow the rules of the road, which is not only wrong, but dangerous, as well.

I would like to quote the following;
"49-720. STOPPING — TURN AND STOP SIGNALS. (1) A person operating a bicycle or human-powered vehicle approaching a stop sign shall slow
down and, if required for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping, the person shall yield the right-ofway to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection or junction of highways, except that a person after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a turn or proceed through the intersection without stopping.
(2) A person operating a bicycle or human-powered vehicle approaching a steady red traffic control light shall stop before entering the intersection and
shall yield to all other traffic. Once the person has yielded, he may proceed through the steady red light with caution. Provided however, that a person after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a right-hand turn. A left-hand turn onto a one-way highwaymay be made on a red light after stopping and yielding to other traffic.
(3) A person riding a bicycle shall comply with the provisions of section 49-643, Idaho Code.
(4) A signal of intention to turn right or left shall be given during not less than the last one hundred (100) feet traveled by the bicycle before turning,
provided that a signal by hand and arm need not be given if the hand is needed in the control or operation of the bicycle.

No word on passing cars when they are at a light that I have found yet. Still looking though.

 

[DuctTapedGoat]

Thanks for backing me up on the signaling and stop sign one Rogue. Granted of course, common sense has to be used for your own safety when not signaling and yielding at stop signs.

This is the one that mentions titling. I gotta dig around for the registration one, which just loosely backs it up, but I know there's not one on insurance. That's one of the ones that goes without saying, if it's not necessary to title and register, it subsequently isn't necessary to insure, as registration and a title is required to insure.

49-114 Definitions "M"

(9) "Moped" means a limited-speed motor-driven cycle having:
(a) Both motorized and pedal propulsion that is not capable of propelling the vehicle at a speed in excess of thirty (30) miles per hour on level ground, whether two (2) or three (3) wheels are in contact with the ground during operation. If an internal combustion engine is used, the displacement shall not exceed fifty (50) cubic centimeters and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; or
(b) Two (2) wheels or three (3) wheels with no pedals, which is powered solely by electrical energy, has an automatic transmission, a motor which produces less than two (2) gross brake horsepower, is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground and as originally manufactured, meets federal motor vehicle safety standards for motor-driven cycles. A moped is not required to be titled and no motorcycle endorsement is required for its operator.

 

[DuctTapedGoat]

Interestingly enough, I found this which was proposed in Bill 187, but doesn't exist in the code.

49-664. OPERATION OF MOPEDS ON PUBLIC HIGHWAYS. (1) Mopeds may operate in
28 lanes of travel on any public highway with a posted speed limit of thirty-five
29 (35) miles per hour or less, and if under pedal propulsion, may use bicycle
30 lanes.
31 (2) Except as provided in subsection (3) of this section, for operation
32 on public highways with a posted speed over thirty-five (35) miles per hour,
33 mopeds shall be ridden as close as practicable to the right-hand curb or edge
34 of the roadway, proceeding in the direction of traffic, but shall not use
35 bicycle lanes unless under pedal propulsion.
36 (3) Mopeds operating on public highways with a posted speed over thirty-
37 five (35) miles per hour may temporarily move from the right-hand curb or edge
38 of the roadway under the following situations:
39 (a) When overtaking and passing another bicycle or vehicle proceeding in
40 the same direction.
41 (b) When preparing for a left turn at an intersection or into a private
42 road or driveway.
43 When reasonably necessary to avoid conditions including fixed or
44 moving objects, parked or moving vehicles, bicycles, pedestrians, animals,
45 surface hazards or substandard width lanes that make it unsafe to continue
46 along the right-hand curb or edge.
47 (d) When operating upon a one-way roadway with two (2) or more marked
48 traffic lanes, may ride as near the left-hand curb or edge of the roadway
49 as practicable, but shall not use bicycle lanes unless under pedal propul-
50 sion.
51 (4) It shall be unlawful to operate a moped on any interstate highway, as
52 defined in section 40-110, Idaho Code.


This was from the notes at the end of the bill.

This proposal adds a new section to clarify where mopeds can be operated. It
allows these economical vehicles to be operated in traffic on roads posted at
35 mph or less, and to be registered, and operated by a licensed driver. It
provides for operation on roads posted above 35 mph in the same fashion as
allowed for bicycles.

Proposal amends and adds definitions for motorcycles, motor-driven cycles,
motorbikes and mopeds and provides for titling and registration based on
classification of the vehicle. Increases fees for ATV's and motorcycles by
$1.00 to $10.00 annually.

 

[GreedyRogue]

Must have gotten shot down. I'll have to look that bill up, as it refers to needing a drivers license. It is also a code that doesn't exist, 40-664.

It probably got shot down because all it adds is a limit for mopeds not to use bicycle lanes under motor power, and allowing to pass on the right if I read that right.

 

[DuctTapedGoat]

Right, when you look at Title 49, it goes from 663 to 665.

Here's some more information I found from scouring minutes. This took place in 2007, and I'm still looking for what the final response from the senate was.


187 AA Transportation and Defense
100 MOTOR VEHICLES - UNCONVENTIONAL

Amends and adds to existing law to provide for the registration, titling and operation of unconventional motor vehicles, including all-terrain vehicles, motorbikes, mopeds and motor-driven cycles. ...... 227 227 Transportation

(House Amendments - p. 195)

H 187, as amended, was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Wood(35) to open debate. Pursuant to Rule 38(3), Mr. Hagedorn disclosed a conflict of interest regarding H 187, as amended. The question being, "Shall H 187, as amended, pass?"

Roll call resulted as follows:
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst,
Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total -- 69.
NAYS -- None.
Absent and excused -- Snodgrass. Total -- 1.
Total -- 70.
Whereupon the Speaker declared H 187, as amended, passed the House. Title was approved and the bill was ordered transmitted to the Senate.

 

[DuctTapedGoat]

Here is something new -

Jan 16 2008
RS17359C1 INCORPORATION OF THE “FEDERAL MOTOR VEHICLE SAFETY STANDARDS” INTO IDAHO’S VEHICLE REGISTRATION CODE.

Chairman Wood asked Ms. Smith to refresh the committee about page 6, line 11 as to why mopeds are not required to be titled and if it was because they are not allowed to be on state highways. Amy Smith said that is correct, as mopeds typically cannot go very fast.

This goes to show how mopeds are not required to be titled - and that the senate is well aware that they aren't required.


I can't find the minutes of the committee decision on the bill (HB187aa[house]/RS16968[senate]). It'll prolly take a while. I might just contact someone who was on the house then and find out in person.

 

[GreedyRogue]

I find it funny that a moped is supposedly not allowed on the highway, yet a regular bicycle is. And the fact that I have never run across anything saying I can't ride on the highway if I choose to.

 

[DuctTapedGoat]

Since moving to Nampa Idaho, I recently checked city code and found this. No confusing stuff regarding mopeds and technicalities and whatnots.

6-5-1: DEFINITION:

The term "bicycle" is defined as a vehicle consisting of a tubular metal frame mounted on two (2) large, wire spoked wheels, one behind the other, and equipped with handlebars and a saddlelike seat. It is propelled by foot pedals or, sometimes, by a small gasoline motor. (Ord. 2362; amd. Ord. 2716)

In the same county and one city over is Caldwell. Here's some good stuff from there.

09-17-15: TRAFFIC LAWS APPLY:

Every person riding a bicycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except as those provisions of law which by their nature can have no application. (1962 Code, Section 11-14-8)

09-17-21: SPEED:

It shall be unlawful for any person to operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (1962 Code, Section 11-14-11)

09-17-33: LAMPS AND OTHER EQUIPMENT:

(1) Every bicycle, when in use at nighttime, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet (500') to the front and red reflector on the rear of a type which shall be visible from all distances from fifty feet (50') to three hundred feet (300') to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light from a distance of five hundred feet (500') to the rear may be used in addition to the red reflector.

(2) Every bicycle shall be equipped with a brake which will enable the operator to make the brake wheel skid on dry, level, clean pavement. (1962 Code, Section 11-14-17)

 

[GreedyRogue]

Hope your not planning on making a trike anytime soon. Those seem to be illegal in that city.

Nice find though

 

[DuctTapedGoat]

Bah, not a problem, even if I wanted to build a trike. Municipal code doesn't list it, so state code gets to define it - and it's there in the state code.

 

[GreedyRogue]

Misread that the first time. Guess I should look into how city ordinances apply if I am just passing through.

For example, if I go on a road trip through a city that prohibits motorized bikes in all forms, how is that handled?

Maybe I should change from computer science to law student this semester lol.

 

[DuctTapedGoat]

There's a couple solutions.

Say for example, you get broadform insurance on your car. Some states don't allow it - but if you're from a state where it is allowed, it will work as you're not a resident of that state. I would think you could use that as a defense, as that city is not your residence, and you need to pass through - that's why it exists state to state for cars, and it shouldn't be any different for a bicycle/motorized bicycle.

Another thing you can do is get as legal as possible within your riding range. Say I lived in a state where there was a nearby city that allowed me to register my motorized bicycle for street use, but my city didn't (this is more common in the Central US). Register the bike in the highest form you can, and you're golden.

 

[GreedyRogue]

DuctTapedGoat, you're pretty good at searching the Idaho Statutes and house, bills etc. Can you find the exact date/ house bill that the current moped definition was changed to the current form?

Reason I ask is that there is a legal opinion put out by the Attorney General that I want to get re-examined. The Idaho Transportation Dept. bases their current standing on that legal opinion. If I can prove that the law was changed after the opinion was given, I might be able to get them to get an updated opinion from the attorney General.

Just a thought I had. Hope you can help me out. Closest I have come is Here, but that isn't the current definition either.

 

[tazzilla]

From what IDT states since Feb 2011 all motorized bikes, mopeds, and motorcycles that are less than 50cc are no longer allowed on the streets or highways and can no longer be registered for use on public roadways. This was confirmed on Tue's may 17th from both the DMV in Nampa and the Idaho dept. of Transportation. This law was just passed by or legislators in feb 2011. We the public did not get to vote on it they felt that is was for the safety of all the riders on small gas powered devices. Just wanted to share this I have been following this thread for a bit now. Thanks Taz

 

[DaveC]

Ok, where did you find this? What statute is it? I can find nothing about this anywhere. Not even in up-coming law changes

Saying the law is changed isn't enough. It's not law unless it's published to where all can see it.

edit: I just went to the legislature notes for the last session and there's nothing. I can find no law pertaining to any restriction starting this year. I have ridden my bike past Boise City Police. Nothing slips past those boys. If there was law against MB's they would be on top of it and I would have been ticketed...

I need the statute that covers this statement.