Pulled Over in Grant Florida
- Thread starter TeddyB
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those are both pretty standard laws. bicycles are not supposed to be on the sidewalk and most states i know of require a valid drivers license to operate a pedal assisted motorized bicycle. i find it hard to believe you didn't know you are not supposed to be on the sidewalk and taking that chance you were pulled over and the officer checked and you did not have a drivers license either. end of story.
Most states is a generic misconception...
Each state is different.. There are SOME that require a license for electric. There are some that require one for gas.
There are some that don't require a license for electric and there are some for gas.
I would think MOST states have a law about the sidewalk portion though.
Each state is different.. There are SOME that require a license for electric. There are some that require one for gas.
There are some that don't require a license for electric and there are some for gas.
I would think MOST states have a law about the sidewalk portion though.
What states require a drivers license for electric?
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i am not sure of any that do for electric. most of the stricter laws i find are for gas powered. only laws i can find on electric is for maximum power and speed. i think with the electric and the big push for green energy that they are pretty much left alone. as far as sidewalk laws common sense tells me i ride a gas powered bike on the sidewalk and a police officer see's me i am going to get stopped.
NJ for one, considers an electric bicycle, a moped, and requires you to have a license..
And I'm sure there are a few others..
I live in NJ and I know for a fact that NJ requires you to have a DL even for an electric..
There was a bill introduced about bringing electric into the "bicycle" status, but it never went through the process.
And I'm sure there are a few others..
I live in NJ and I know for a fact that NJ requires you to have a DL even for an electric..
There was a bill introduced about bringing electric into the "bicycle" status, but it never went through the process.
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Senate Bill SR 1156
In a word -- Only bicycle laws apply to production electric bicycles.
The US Senate passed SR 1156 and former President Bush signed into law a new US law which regards electric bicycles with fully functional pedals, no more than 750 watts of motor output and a 20 mph top speed as bicyclesî. The new law assigns the governance of electric bicycles to the Consumer Product Safety Commission, and will define a bicycle that has pedals, (and is capable of being propelled by those pedals) an electric motor of no more than 750 watts, and a top speed (on motor only) of 20 mph as a "bicycle." As a bicycle, therefore, you do not need any license, registration, or insurance.
You will, however, see a lot of phony or barely functional pedals on scooters attempting to squeak into this category.
Now, it is still possible that an overzealous police officer may still try to write you a ticket if you have not obeyed the traffic laws. When riding a bike, it is always important to obey traffic laws. But you do not have to show a driver’s license, registration, or any other verification.
The electric bike is one of the few unregulated vehicles of any type. So, it is truly a vehicle of FREEDOM: No license, no registration, no insurance, no GAS! Just a ton of pure fun.
Other Legislation and Related Issues:
In 2001, the U. S. Congress passed Public Law 107-319 which exempts electric bicycles under 750 watts/20 mph from the definition of a motor vehicle only…."for purposes of motor vehicle safety standards.” This means that the manufacturers of these bicycles do not have to meet federal equipment requirements, and are instead governed by the manufacturing requirements of the Consumer Product Safety Act.
Various states have passed their own laws. California law states that no driver's license, license plate, nor insurance is required. You must be 16 years or older and wear a standard bicycle helmet. Electric bikes are subject to all the rules of the road. However, additional laws governing the operation of electric bicycles may be extended by state or local governments. It is therefore legally a bicycle, so you can use it wherever and however you can use a bike. Washington law is similar.
Federal law overrides all States’ laws. That is also true with bicycle law. States cannot constitutionally pass legislation that reduce or eliminate Federal law -- they can only pass legislation that enacts additional (tighter) restrictions on its people. Therefore, no State can enact legislation that allows wattages or speeds greater than the Federal Government’s limit of 750 Watts and a top electric-powered speed of 20MPH. States can only legislate LOWER wattages and top-speeds (which, to our knowledge has not been done by any state). An e-bike can go over 20 MPH, but not by means of the motor.
What are the laws regarding mopeds?
Most motor vehicles must be registered with the California Department of Motor Vehicles. Motorized bicycles (mopeds) are exempt from registration (sec. 4020), but must display a special plate issued by the department (sec. 5030).
FAQ’s
Question: If I have a DUI and a suspended or revoked license, can I legally ride an electric bicycle?
Answer: Yes!
Question: If I am an alien working in the United States, can I ride an electric bicycle legally?
Answer: Yes!
Question: If I am under 16, can I ride an electric bicycle legally?
Answer: Yes!
Federal law overrides all States’ laws. That is also true with bicycle law. States cannot constitutionally pass legislation that reduce or eliminate Federal law -- they can only pass legislation that enacts additional (tighter) restrictions on its people. Therefore, no State can enact legislation that allows wattages or speeds greater than the Federal Government’s limit of 750 Watts and a top electric-powered speed of 20MPH. States can only legislate LOWER wattages and top-speeds (which, to our knowledge has not been done by any state). An e-bike can go over 20 MPH, but not by means of the motor.
Obviously you don't know to much about how our government works, so I'll
explain it to you.
WE live in a republic ruled by democratic law, we are NOT a democracy.
a loose configuration of states, united under one banner each having
their own constitution (Each State ) and they are not required to obey
FEDERAL laws unless they so choose.
Now let me ask you a question, Mississippi does not require vehicle emissions
only a safety inspection windshield brake lights yada yada Now how can that
be? the EPA demands vehicle emissions don't they?
Or here's a better one for you
The feds say Marijuana for any reason is illegal and yet 15 states say medical
is alright and 2 states say it's alright for all uses. Now how can that be?
the feds say it's illegal right?
Federal laws DO NOT override all States’ laws
here endith the civics lesson
and GOD BLESS AMERICA
Oh and lets not forget our own immigration laws
here in Arizona, the feds are hoppin mad over that one
and they've tried to sue and whatnot but the law stand's
why is that?
Ron R
P.S. Remember these words
We pledge allegiance to the flag of the United States Of America
and the REPUBLIC for which it stands
Obviously you don't know to much about how our government works, so I'll
explain it to you.
WE live in a republic ruled by democratic law, we are NOT a democracy.
a loose configuration of states, united under one banner each having
their own constitution (Each State ) and they are not required to obey
FEDERAL laws unless they so choose.
Now let me ask you a question, Mississippi does not require vehicle emissions
only a safety inspection windshield brake lights yada yada Now how can that
be? the EPA demands vehicle emissions don't they?
Or here's a better one for you
The feds say Marijuana for any reason is illegal and yet 15 states say medical
is alright and 2 states say it's alright for all uses. Now how can that be?
the feds say it's illegal right?
Federal laws DO NOT override all States’ laws
here endith the civics lesson
and GOD BLESS AMERICA
Oh and lets not forget our own immigration laws
here in Arizona, the feds are hoppin mad over that one
and they've tried to sue and whatnot but the law stand's
why is that?
Ron R
P.S. Remember these words
We pledge allegiance to the flag of the United States Of America
and the REPUBLIC for which it stands
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You should know I did not write that" It was taken from another site called electric star so you can take up that argument with them here is the link> http://www.electricstar.org/inventors.htmlFederal law overrides all States’ laws. That is also true with bicycle law. States cannot constitutionally pass legislation that reduce or eliminate Federal law -- they can only pass legislation that enacts additional (tighter) restrictions on its people. Therefore, no State can enact legislation that allows wattages or speeds greater than the Federal Government’s limit of 750 Watts and a top electric-powered speed of 20MPH. States can only legislate LOWER wattages and top-speeds (which, to our knowledge has not been done by any state). An e-bike can go over 20 MPH, but not by means of the motor.
Obviously you don't know to much about how our government works, so I'll
explain it to you.
WE live in a republic ruled by democratic law, we are NOT a democracy.
a loose configuration of states, united under one banner each having
their own constitution (Each State ) and they are not required to obey
FEDERAL laws unless they so choose.
Now let me ask you a question, Mississippi does not require vehicle emissions
only a safety inspection windshield brake lights yada yada Now how can that
be? the EPA demands vehicle emissions don't they?
Or here's a better one for you
The feds say Marijuana for any reason is illegal and yet 15 states say medical
is alright and 2 states say it's alright for all uses. Now how can that be?
the feds say it's illegal right?
Federal laws DO NOT override all States’ laws
here endith the civics lesson
and GOD BLESS AMERICA
Oh and lets not forget our own immigration laws
here in Arizona, the feds are hoppin mad over that one
and they've tried to sue and whatnot but the law stand's
why is that?
Ron R
P.S. Remember these words
We pledge allegiance to the flag of the United States Of America
and the REPUBLIC for which it stands
s. 322.01 Definitions – As used in this chapter:
(27) “Motor vehicle” means any self-propelled vehicle …. excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003
http://flbikelaw.org/2011/06/motorized-bicycles-5/
(27) “Motor vehicle” means any self-propelled vehicle …. excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003
http://flbikelaw.org/2011/06/motorized-bicycles-5/
You F'ed up your court action by not following my advise. I told you to use the, "it's not a motor vehicle, because it's not self propelled" agrument, but you didn't, and you lost.
Actually, federal laws DO supercede state laws..
There is usually a provision in each US code that has exemptions, INCLUDING the right for an individual state to enact laws in opposition.
You have to remember, federal laws are usually for "blanket registration" so that there is a base line for the states to abide by...
(It's there just in case someone tries to say, "well, if its not in my state law, I can do whatever I want"... That's the main reason)
In particular, that (electric) bicycle US code actually does include the provision to allow each independent state to enact laws that legislate the USE of those vehicle on THEIR OWN roads.
So that HB thing is null and void when it comes to their usage on public roads in each state.
It was enacted for the SALES of the bicycle type throughout the union, and not for any other (legislative) reason.
There is usually a provision in each US code that has exemptions, INCLUDING the right for an individual state to enact laws in opposition.
You have to remember, federal laws are usually for "blanket registration" so that there is a base line for the states to abide by...
(It's there just in case someone tries to say, "well, if its not in my state law, I can do whatever I want"... That's the main reason)
In particular, that (electric) bicycle US code actually does include the provision to allow each independent state to enact laws that legislate the USE of those vehicle on THEIR OWN roads.
So that HB thing is null and void when it comes to their usage on public roads in each state.
It was enacted for the SALES of the bicycle type throughout the union, and not for any other (legislative) reason.
yeah man, i think Colorado and Washington are perfect examples of how individual states and the voters within them choose the laws of their land and sometimes thumb their noses at the federal government.
...states were always intended to be sovereign within their own borders and the federal government was never intended to become this behemoth of incompetence we all deal with today.
...states were always intended to be sovereign within their own borders and the federal government was never intended to become this behemoth of incompetence we all deal with today.
Now I get your excuse, they said it on the internet so it must be true. LOL
Bonjour I'm a french model, hahahahaha
actually it amazes me, how many people that live in these United States
don't even have a clue how it works. and yet they'll be among the first
to stand up and protest. how can you fix a bike if you don't know how it works?
It`s Funny how someone like you can criticize something which you know little about? since you were not there (AND you Were All Invited ) your comment is void! Why don`t you take it to a higher court yourself! and then maybe if you win? you will have something to boast about, but till then I say you know nothing about court procedures!
I'm just curious how they could disclude the DMV document.
That was vital to your case..
I think your lawyer dropped the ball on this one. That DMV document would have been your reasonable doubt and the MAIN part of your case. (Minus the motor on the sidewalk)
I wish I could have been in that courtroom.. I've seen a few news shows about court proceedings and I can't believe there wasn't a way for you lawyer to say.. "Excuse me judge, but if you disallow the DMV document, you are crippling my case". Whether it be in the courtroom or in chambers or without the jury around.
I seriously think your defense attorney really wasn't working hard enough".
Just my opinion.
Especially given that he had an entire year to prepare. I think that the prosecutors delayed this case soo long, so that they had enough time to convince the judge to not allow that DMV document, that I'm sure they knew about. Seems REALLY fishy to me.
That was vital to your case..
I think your lawyer dropped the ball on this one. That DMV document would have been your reasonable doubt and the MAIN part of your case. (Minus the motor on the sidewalk)
I wish I could have been in that courtroom.. I've seen a few news shows about court proceedings and I can't believe there wasn't a way for you lawyer to say.. "Excuse me judge, but if you disallow the DMV document, you are crippling my case". Whether it be in the courtroom or in chambers or without the jury around.
I seriously think your defense attorney really wasn't working hard enough".
Just my opinion.
Especially given that he had an entire year to prepare. I think that the prosecutors delayed this case soo long, so that they had enough time to convince the judge to not allow that DMV document, that I'm sure they knew about. Seems REALLY fishy to me.
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66 posts and all whining on this topic! Get over IT!
Personally I think you were riding DUI.
isn't that how you lost your DL in the first place?
looking over your posts you are very vague and dodgy
about the details.
I'm on your side Ron. Don't take it the wrong way, I only wanted to help. I've been there and know exactly how difficult it is. You got screwed, which is how the deck is stacked against you in court. I feel you could have won, but your lier blew it.