Idaho Laws

[JKershner]

49cc is fine. But for insurance it depends on whether bike ends up being classified as a motor vehicle or not. Above 50cc you'd have to apply for a title and registration and plates before you can get it insured. If you tell the insurance agent it's under 50cc you'll hit the same issue as me. one might be able to get liability for off road use but that's still inadequate considering that we use our motorize bicycles for on road use most of the time. Insurance companies underwrite policies according to use and risk associated with our vehicles and there is a huge difference in the types of risk between off road and on road use. They won't underwrite a policy for a non-motor vehicle for on road use because there is no such provision in the statute that requires it hence the very issue I brought to the attention of the police. If there was such a law that mandates our motorized bicycles be covered with liability insurance and the insurance companies refused to underwrite a policy I'd be filing complaints with the state commission that regulates insurance companies.

The EPA mandates that every internal combustion engine sold/imported into the US must have some sort of label describing the engine displacement and such. The officer that flagged me down yesterday made a point of verifying my engine cylinder displacement.

Years ago these Chinese HT manufacturers weren't labeling the engines and the EPA cracked down on them. We used to see claims from makers and vendors that HT engines were 80cc which was a lie. They were actually 66 or so CCs being marketed as 80cc and so on causing all kinds of drama with both government regulators and consumers. The state won't have any issue determining the cylinder displacement these days so if you do try to use a 66cc engine the police and DMV inspectors will know. Some try to remove the label but that only makes the consumer have to prove the displacement somehow.

From what I've read there isn't that much different in the performance of a 48cc and a 66cc motor if the gear ratios are properly accounted for. My 49cc 4 cycle has enough power to move me around and a 48cc 2 stroke would be stronger than my 4 stroke I would assume.

Thanks, I think my next concern would be since I just ordered the 66cc kit, would I be able to swap out the engine only with the 49cc using everything else. It looks to me like everything matches up manifold wise.

 

[jburr36]

I would assume so. Most of the parts in these kits are the same except the engine itself. You may be able to resell the engine online since the majority of them out there are that size. I may build a 2nd bike with a 49cc 2 stroke later this or early next year.

 

[JKershner]

I may end up selling it, not sure if it'll go quick since its a 66cc engine and engine only. Picked up a new bike today though as mine wasn't safe anymore and engine kit shows up in a couple days. Just praying there's enough room in the frame now.

 

[jburr36]

The 2 strokes are pretty small. there is a chance it will fit. I figured out the hard way that it's the 4 strokes that have the frame size issues.

 

[jburr36]

Police stopped me in Emmett, ID today and stated that since it was under 50CC I need not have registration and titled but they stated I had better put lights, horn, turn signals on mine. Also stated that I am required to have a valid driver's license and liability insurance.

I'm going down to the police department tomorrow to ask for a printout of Idaho statutes that requires insurance for a moped that isn't legally required to be registered and titled.

Just an update to this. On Monday the 3rd, 2014 I did discuss this with a Lt. at the Emmett PD regarding the insurance issue. I had the state statutes with me and pointed to where Mopeds under 50cc were exempt from title and registration requirements thus not classified as a motor vehicle per the definition of a motor vehicle in the statute. And since Mopeds aren't a motor vehicle there is no requirement for insurance. I did mention that no driver's license is required either but focused mainly on the insurance because I already have a valid DL and that issue would have been moot anyway.

The Lt. understood my point and stated he would do some research and discuss the issue with the prosecutor and get back to me. Today he called and stated that I was 100% correct regarding the insurance issue. Mopeds under 50cc are not motor vehicles and there is no insurance requirement. I will assume this means there is no requirement for a DL considering it's basically the same point even though he didn't mention anything about that in the call.

The Lt. said that this issue would be brought up at the next Dept. meeting and the clarification will be made.

This is for the benefit of anyone in Idaho.

 

[JKershner]

Thanks for the update Jburr36

I'm sure we all appreciate the research and clarification you have been providing

 

[kody98]

hey guys i just recently got a ticket for no drivers licence and no insurance for "vehicle" and i got one for driveing on the sidewalk because there was no bike lane are there laws for these or should i fight them
thanks i have a 49cc engin i know that will mater

 

[jburr36]

hey guys i just recently got a ticket for no drivers licence and no insurance for "vehicle" and i got one for driveing on the sidewalk because there was no bike lane are there laws for these or should i fight them
thanks i have a 49cc engin i know that will mater

Idaho law does not consider a moped with an engine less than 50cc as a motor vehicle if the cycle has pedals and can be propelled by human power. If you have a bicycle with an engine kit that is less than 50cc you are not required to have it registered, titled by the DMV. And according to the statues if it isn't required to be titled and registered then it is not considered a motor vehicle therefore you are not required to have a driver's license and insurance. Fight those tickets in court. Judges in Boise have been tossing those tickets out. The state even tried to appeal but lost in the appeal because of the specific exclusion of the registrations and title requirements for mopeds. The only caveat is if the officer clocked you doing more than 30 mph. If so then the moped is classified a motor-driven cycle. Then you would need a DL and insurance and a motorcycle endorsement on the DL. Don't go faster than 30 mph.

Here is the relevant Idaho statue:

http://legislature.idaho.gov/idstat/Title49/T49CH1SECT49-114.htm

Would be section 9a - Note the no title requirement there.

Definition of motor vehicle:

http://legislature.idaho.gov/idstat/Title49/T49CH1SECT49-123.htm

Would be section h - "Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code."

Mopeds are specifically exempt from the title requirement as per 9a above therefore it is not classified as a motor vehicle hence:

http://legislature.idaho.gov/idstat/Title49/T49CH12SECT49-1210.htm

"49-1210. Certificate of insurance as proof. [EFFECTIVE UNTIL JUNE 30, 2017] (1) Proof of financial responsibility, as required by the provisions of section 49-1208, Idaho Code, shall be furnished for each motor vehicle registered by any person required to provide such proof, or shall be furnished by any person required to provide such proof even if the person is not the owner of a motor vehicle."

A moped is not a motor vehicle therefore it isn't required to be insured.

And finally this:

http://legislature.idaho.gov/idstat/Title49/T49CH3SECT49-301.htm

"49-301. Drivers to be licensed. (1) No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver's license. Provided however, that those persons holding a restricted school attendance driving permit may drive upon a highway pursuant to the restrictions set forth in section 49-307A, Idaho Code."

A moped is not a motor vehicle therefore there is no requirement for a driver's license.

As for the ticket for driving it on a sidewalk is concerned you will have to pay that one. It is a municipal code violation. No way around that one even as a bicycle if your township has an ordinance which forbids riding on sidewalks. Next time stay as far right on the shoulder in the the direction of traffic flow.

To be safe I wouldn't recommend that you drive with the engine on until you go to court and get those driving without a license and insurance thrown out. And then keep a copy of that court dismissal on your bike when you ride so you can show it to the police when they pull you over again.

Also stay off state highways. We are not allowed to drive mopeds on them.

 

[DaveC]

Idaho law does not consider a moped with an engine less than 50cc as a motor vehicle if the cycle has pedals and can be propelled by human power. If you have a bicycle with an engine kit that is less than 50cc you are not required to have it registered, titled by the DMV. And according to the statues if it isn't required to be titled and registered then it is not considered a motor vehicle therefore you are not required to have a driver's license and insurance. Fight those tickets in court. Judges in Boise have been tossing those tickets out. The state even tried to appeal but lost in the appeal because of the specific exclusion of the registrations and title requirements for mopeds. The only caveat is if the officer clocked you doing more than 30 mph. If so then the moped is classified a motor-driven cycle. Then you would need a DL and insurance and a motorcycle endorsement on the DL. Don't go faster than 30 mph.

Here is the relevant Idaho statue:

http://legislature.idaho.gov/idstat/Title49/T49CH1SECT49-114.htm

Would be section 9a - Note the no title requirement there.

Definition of motor vehicle:

http://legislature.idaho.gov/idstat/Title49/T49CH1SECT49-123.htm

Would be section h - "Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code."

Mopeds are specifically exempt from the title requirement as per 9a above therefore it is not classified as a motor vehicle hence:

http://legislature.idaho.gov/idstat/Title49/T49CH12SECT49-1210.htm

"49-1210. Certificate of insurance as proof. [EFFECTIVE UNTIL JUNE 30, 2017] (1) Proof of financial responsibility, as required by the provisions of section 49-1208, Idaho Code, shall be furnished for each motor vehicle registered by any person required to provide such proof, or shall be furnished by any person required to provide such proof even if the person is not the owner of a motor vehicle."

A moped is not a motor vehicle therefore it isn't required to be insured.

And finally this:

http://legislature.idaho.gov/idstat/Title49/T49CH3SECT49-301.htm

"49-301. Drivers to be licensed. (1) No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver's license. Provided however, that those persons holding a restricted school attendance driving permit may drive upon a highway pursuant to the restrictions set forth in section 49-307A, Idaho Code."

A moped is not a motor vehicle therefore there is no requirement for a driver's license.

As for the ticket for driving it on a sidewalk is concerned you will have to pay that one. It is a municipal code violation. No way around that one even as a bicycle if your township has an ordinance which forbids riding on sidewalks. Next time stay as far right on the shoulder in the the direction of traffic flow.

To be safe I wouldn't recommend that you drive with the engine on until you go to court and get those driving without a license and insurance thrown out. And then keep a copy of that court dismissal on your bike when you ride so you can show it to the police when they pull you over again.

Also stay off state highways. We are not allowed to drive mopeds on them.

100% spot on but I think the bicycle exemption to use hiways applies then. They don't want bikes on the Interstate but if there's no practical way to get somewhere you can use the Interstate. I can't tell you how many loaded down bikes I've seen on I84. There's no other way across the state that wouldn't involve a tortuous trip through mountain passes only to have to take to the Interstate from here to Salt Lake City for instance...towing a dog trailer...

 

[jburr36]

100% spot on but I think the bicycle exemption to use hiways applies then. They don't want bikes on the Interstate but if there's no practical way to get somewhere you can use the Interstate. I can't tell you how many loaded down bikes I've seen on I84. There's no other way across the state that wouldn't involve a tortuous trip through mountain passes only to have to take to the Interstate from here to Salt Lake City for instance...towing a dog trailer...

Possibly. After I went through the ordeal with the Emmett PD and they learned how wrong they were they did warn me to stay off the highway. Funny because Washington Ave which runs right in front of my house is Highway 52. I was told to stay off it. When I ride to Boise I take the back way to Middleton then Eagle. Way too much traffic on 16 to think about riding on it anyway.

 

[eveningside]

Got stopped by a cop today that quoted the 49-402 (10) clause at me. Fairly sure this shouldn't apply as a DIY motorized bicycle doesn't meet definition of motor vehicle per Idaho code definitions.

What does worry me is that the definition for moped under 49-114 (9b) does state that mopeds are held to the same FMVSS requirements as a motor driven cycle. What does this mean for my self-built china kit?

 

[dbledsoe]

Need to revisit this issue as more gas bike folks come into the fold, folks like me. Gas biking is expanding here in Idaho and we need coordination and communication I.e., local case law to stand our ground.

Regards to all,
Don
Boise

 

[Barnfresh]

What does worry me is that the definition for moped under 49-114 (9b) does state that mopeds are held to the same FMVSS requirements as a motor driven cycle. What does this mean for my self-built china kit?

If you follow this Idaho Transportation Department flow chart the FMVSS reqirements only apply to electric powered mopeds not internal combustion powered unless it doesn't have pedals.
https://itd.idaho.gov/dmv/vehicleservices/documents/IDChart23WV.pdf

 

[DaveC]

Copies of that would be nice to give to a cop and watch him go crosseyed