Maine laws... :(

[chrisme]

I had a long conversation with the Maine DMV today. It didn't end well for us riding these in Maine.
First off from the website it says:
Moped
Can be registered as a moped
Inspection not required
Can be used on a public way if registered
Any class of an operator's license is required
**Must meet all the following criteria

* 2 or 3 wheels
* *Each wheel (not tire) is 10" or larger in diameter
* Motor does not exceed 50 cc's

OR

* Electric motor not exceeding 1,500 watts


So with all that, a bicycle seems a perfect fit to be a moped, right? Doesn't say anything about pedals, nothing about transmission type, looks great, eh? NOT!
I got some more details not listed on the site ...
Talking to some boss of something or other he tells me this:
It must be an automatic transmission. No shifting, NOT EVEN A CLUTCH!!
and a bicycle frame has an addendum to the law. You CAN NOT use a bicycle frame as the frame for a moped. Mopeds have are built to some safety standards set by the federal government, and although they do not require inspection, they must still conform to these safety standards. Bicycle frames are just not built for a motor on roadway use. PERIOD.
So being the smarty pants I am, I asked if I could take my welder and build my own moped.
He said that in order to be given a VIN to be registered it would need to be checked over by some department to make sure it conforms to some BS safety standards. And only then, would it be legal.

P.S. I'm going to keep riding my 66cc clutch actuated motorized bicycle

 

[chrisme]

I had him seriously searching through the laws and legislations. I didn't want some half-arsed poking at the keyboard. I was looking for the hard laws. I have been riding it all over though, I've had it in about a 60 mile radius of where I live, passed tons of cops, and never an issue.
I'm gonna keep on riding it, but now that I see how cops think the pedals make it legal, I'm gonna leave them there.
Just know that if you're riding one of these in Maine you are pushing the law, they are illegal. But if you aren't an idiot, doing stupid things, or riding past cops at moc-1 they'll probably leave you alone. Just be careful. All we need is one wing nut to to end up in the paper and it will ruin the fun for all the rest of us.

 

[Riding Rich]

They once arrested and jailed a person where i live in erie pa.
He was riding a MB built by a local bike shop.

The individual won his case in court and his bike was deemed legal.
The bike shop that built it went to court and defended him as well.

So fortunatly for me.
The police don't bother us anymore.

My friend MotorbikeMike45 had an accident down town.
A lady pulled her cage in front of him trying to park.
He was ok but not his bike.

Many police were there looked the bike over real good and he was LEGAL.

The ladys insurance company is supposed to pay for the damages to his bike.

Guess it depends on the police dept where u live and if it cost them more money than it's worth to harass you they wont.

We have ridden down the street right next to cruisers.
I have seen plenty.
Follow the traffic laws and they leave you alone.

I guess i'm really lucky.

Read a post about someone in pa trying to register a MB.

There was allways something no matter what.

I think DOT approved tires was the last kicker.

After all his work the police dept told him he was legal.

 

[Dave Strome]

There was an article a few months back in the Lewiston Sun/Journal. I Maine BMV spokeperson was quoted as saying that a driver's license was not necessary. I emailed and asked for clarification, here is his response:

"Dear Mr. Strome,
This is in response to your email regarding motorized bicycles.

While it is true that a motorized bicycle does not need to be
registered, and basically is subject to the laws pertaining to bicycle
operation; I was in error when I said an operator's license was not
necessary. The law was changed in 2006. In fact, in order to operate
a motorized bicycle, the operator must possess a valid driver license or
learner permit. The operation of a motorized bicycle with a suspended
or revoked driver license would be a violation, and the operator could
be arrested.

Here is the link to the law:

Title 29-A, §1254: Special licenses

If I may provide any further information, do not hesitate to contact me.

Garry R. Hinkley, Dir.
Vehicle Services Div.
Maine Bureau of Motor Vehicles


<email address omitted>"

Frankly, I don't have time to spend hours in libraries, searching the web, etc. Here I have, in writing, a message from a BMV spokesman saying these bikes are legal. Good enough for me! I printed out this email and stuck it in my wallet with my driver's license. One more folded up piece of paper won't hurt me!

 

[chrisme]

You have to have 5 posts, or something like that before you can post links.

 

[BarelyAWake]

Thank you Dave for providing that info - particularly "...it is true that a motorized bicycle does not need to be registered..." bit

You wouldn't happen to know the date/edition of the Lewiston Sun/Journal article would you? I'd love a scan/printout of it to have with my MB - nothin' like a direct quote from a Bureau of Motor Vehicles spokesperson in yer favor lol

 

[Dave Strome]

Sorry, I don't have the link. The article was from September or October. Unfortunately, the Sun/Journal web site has had lots of problems lately, so you can't find it with a search and I doubt it's available online. Their site returned the following error, so it might be worth checking back in a few weeks

"Oops! We didn't find anything.

We put up this temporary Web site to replace our official Web site while we are performing site maintenance on it. There are no archives prior to Dec. 16. You may use this search form only to search for items published after Dec. 16. We are working quickly to restore our database, which has archives that extend to 2002."

 

[Dave Strome]

I was reading the SJ today and noticed that they had finally restored their archive. Here is a link to the article. Cheers...
Lewiston man puts motors on bikes | City | Sun Journal

 

[BarelyAWake]

Somewhat inaccurate and hardly flattering... but awesome nonetheless! Thanks for the link Dave

I gotta go find that Lewiston guy FTW lol

 

[hellhammered]

I see what you mean about the guy with a stick up his @zz over the OUI thing. The way I see it is the guy is doing something constructive, as long has he's not getting drunk and riding he's cool in my book.

 

[BarelyAWake]

Amen to that

 

[fasteddy]

The negative attitude about anyone who drinks is alive and well. They are afraid to say job well done or great for the enviroment.

Thought the last person to post on the site knew what he was talking about and brought out all the good points.

Steve.

 

[72tx340]

There was an article a few months back in the Lewiston Sun/Journal. I Maine BMV spokeperson was quoted as saying that a driver's license was not necessary. I emailed and asked for clarification, here is his response:

"Dear Mr. Strome,
This is in response to your email regarding motorized bicycles.

While it is true that a motorized bicycle does not need to be
registered, and basically is subject to the laws pertaining to bicycle
operation; I was in error when I said an operator's license was not
necessary. The law was changed in 2006. In fact, in order to operate
a motorized bicycle, the operator must possess a valid driver license or
learner permit. The operation of a motorized bicycle with a suspended
or revoked driver license would be a violation, and the operator could
be arrested.

Here is the link to the law:

Title 29-A, §1254: Special licenses

If I may provide any further information, do not hesitate to contact me.

Garry R. Hinkley, Dir.
Vehicle Services Div.
Maine Bureau of Motor Vehicles


<email address omitted>"

Frankly, I don't have time to spend hours in libraries, searching the web, etc. Here I have, in writing, a message from a BMV spokesman saying these bikes are legal. Good enough for me! I printed out this email and stuck it in my wallet with my driver's license. One more folded up piece of paper won't hurt me!

I emailed him too he said that my bike is a moped not a motorized bicycle!!

 

[72tx340]

I was reading the SJ today and noticed that they had finally restored their archive. Here is a link to the article. Cheers...
Lewiston man puts motors on bikes | City | Sun Journal

I have emailed him and now his story has changed he says these bikes are mopeds. Even those in the know dont know

 

[Russell]

The wing nut is only a matter of time. More than likely an under age non lic. or lic. revoked person. I just hope that they are not killed or hurt to bad.

I had him seriously searching through the laws and legislations. I didn't want some half-arsed poking at the keyboard. I was looking for the hard laws. I have been riding it all over though, I've had it in about a 60 mile radius of where I live, passed tons of cops, and never an issue.
I'm gonna keep on riding it, but now that I see how cops think the pedals make it legal, I'm gonna leave them there.
Just know that if you're riding one of these in Maine you are pushing the law, they are illegal. But if you aren't an idiot, doing stupid things, or riding past cops at moc-1 they'll probably leave you alone. Just be careful. All we need is one wing nut to to end up in the paper and it will ruin the fun for all the rest of us.

 

[Dave Strome]

I have emailed him and now his story has changed he says these bikes are mopeds. Even those in the know dont know

Could you post the text of his email?

You're exactly right though, they don't know. Legally in Maine these are a gray area. That's why everyone should get involved now because legislation WILL be coming soon to clarify the rules, and we should all be speaking out to try and make sure that any law that's passed is as favorable as possible.

 

[KonaTitanMan]

Could you post the text of his email?

You're exactly right though, they don't know. Legally in Maine these are a gray area. That's why everyone should get involved now because legislation WILL be coming soon to clarify the rules, and we should all be speaking out to try and make sure that any law that's passed is as favorable as possible.

Indeed true, it is "Grey" because many MABs, depending on configuration, are actually "Unclassified." I am a Maine Police Officer and have had a lengthy exchange with both the SOS's office as well as the Lieutenant of the State Police Traffic Division. Here's the skinny on the law as currently written here in Maine.

First of all, many people have a misconception about the law that if one law doesn't apply then another one automatically does. Example: "Well, if my motorized bicycle has a 49cc engine but rated at 9 horsepower than it is automatically a Motorcycle." NOT SO!! The statute on Motorcycles ONLY says 50ccs or greater, nothing about horsepower. Here are some other definitions that provide an interesting legal conundrum:

A Motorcycle (as I stated before) is ANY two or three wheeled vehicle that has a motor 50ccs or greater. (If it is less than 50ccs it is NOT a motorcycle, period).

A Moped is a two or three wheeled vehicle with an engine less than 50ccs and does NOT REQUIRE MANUAL shifting once the engine is engaged.

A Motorized Bicycle (which includes "Motor Assisted) is a 2 or three wheeled vehicle with engine less than 50ccs that is attached to A WHEEL (yes, a "wheel", is 1.5 hp max, and can't be operated at speed greater than 20 and not be capable of 25mph or greater.

Here was the issue I raised with the SOS & State Police: My mountain bike 1) Has a 49.cc motor (making it NOT a motorcycle) that is
2) attached to my front CHAIN RING, (making it NOT a motorized bicycle) and
3) it (the vehicle) DOES require MANUAL shifting (making it NOT a Moped),
4) it is rated at 3hp and capable of 40mph (again, making it NOT a motorized bicycle).

Conclusion: based on my 17 years in law enforcement, based on interpretation of law by the commander of the Maine State Police Traffic Division, and based on the interpretation of the "as written" meaning of law by the Maine Secretary of State's Office, Mine is an "Unclassified Vehicle." To me, this means that the restrictions placed upon "Motorized Bicycles," such as max speed and police authority to impound, do not apply because the law does not describe my vehicle.

These are the facts about the law as they apply in Maine. They may change if the law-makers take the time to revisit them. So, we should do everything we can to NOT make it a priority for them.

A Motorized bike does not need to be registered (you couldn't even if you wanted to... I tried) but it does require the operator have a VALID driver's license. It is subject to BICYCLE laws, but you'll probably get jammed up for riding on sidewalks (legal for bicycles except in a few towns that have ordinances on that) and also the pedestrian/bicycle greenbelt trails. Stop at traffic signals including stop signs. Be courteous around other bikers and especially pedestrians. And, most of all, DON'T BE A JERK to ANYONE, especially law-enforcement.

Likelihood here in Maine, when it comes to police, they will probably be more interested in taking a look at your bike because they are unusual and generally very cool, not to take an enforcement action just because... unless you violate the "jerk rule."

More details about legal definitions here:
http://www.mainelegislature.org/legis/statutes/29-A/title29-Asec101.html

 

[chrisme]

Thanks for the long writeup! I ride mine all over the place in Maine. I've only ever seen a few others.
I'm nice to people with it, and I go under 20 in towns where there are going to be cops.
Out on the back rodas between town, I open it up and cruise as fast as I can go.

I live out in the middle of nowhere on the coast, and I've never had a problem. Just a few cops interested in taking a look!

 

[happyvalley]

Credibility on the internet is an ongoing problem. The rule of thumb I've come to follow is to place more credence in that which seeks to clarify a gray area of the law rather than make a case that promotes it. It's always best to check and verify for yourself on any issue and resist simply believing what some online anonymous has to say simply because it seems to make what you might want to do okay.

 

[SpecialX]

Your conclusion is flawed...

Based on you're vehicle not classified as any of the vehicles you mentioned, turns it into an off-road vehicle..

From the DMV website..

A Pocket Bike or similar vehicle that does not meet the definition of a motorized scooter, moped, motorized bicycle or motorcycle is considered an off-road vehicle

Congratulations, you made an off road only vehicle...