49cc and 30mph seems to be the law in Texas

Discussion in 'Laws and Legislation for Motorized Bicycles' started by george_n_texas, Sep 5, 2009.

  1. george_n_texas

    george_n_texas New Member

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    Texas Department of Public Safety
    Certified Mopeds
    (Revised March 18, 2009)
    Information contained herein supersedes information contained in all Certified Moped lists, whether published as
    special announcements, attachments to special announcements, or supplements to special announcements.
    The attached list of mopeds has been certified by the Department of Public Safety as meeting the Texas legal
    definition of a moped according to TRC �541.201(8). That is, it cannot attain a speed more than 30 miles per
    hour, has a piston displacement of 50 cubic centimeters or less and does not require the operator to shift gears.
    This is not a complete list of all mopeds, rather a list of mopeds brought to our attention for classification review.
    In instances where a motorized cycle is not on the list yet meets the above requirements, an affidavit must be
    completed by either the local dealer or manufacturer to verify requirements; dealer or manufacturer websites can
    be not used to verify information. The �Affidavit to Verify Requirements for Moped Classification� can be found on
    our website. Any two-wheeled vehicles that do not meet these requirements must be registered as a motorcycle.
    Please note the revision date on this list and keep this list until superseded by a new list with a later revision datedrn2
     
  2. jimraysr

    jimraysr New Member

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    While they allow 30MPH and 50cc, it doesn't look to me as though you can put an engine on your bike and be approved as a motor assisted bike. Neither the kit manufacture nor the cycle manufacture can certify the capabilities of the finished product? Offered a carrot and received a cowpie.

    Thought about why TX would allow 30 MPH when we and the national law only go to 20? Then it struck me, I have dirven across Texas and even 100 is not fast enough. 8O} = Truly there are a lot of beautiful places in TX. It just seems when you have such a big state, there are bound to be some average places. (Am I forgiven?)

    Jim
     
    #2 jimraysr, Sep 5, 2009
    Last edited: Sep 5, 2009
  3. george_n_texas

    george_n_texas New Member

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    cowpies make excellent fertilizer...I gotta wonder what the ticket Barnie Fyfe would give ya would cost?
     
  4. george_n_texas

    george_n_texas New Member

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    Update...talked to state troopers and they said if it is motorized it has to be tagged and inspected and ya need a license although no insurance company will insure you...go figure.
     
  5. djspanky

    djspanky New Member

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    So if no insurance company will insure you then what do you do? I'm about to motorize my bike and I want to be able to ride it legally in College Station. So much confusion :/
     
  6. george_n_texas

    george_n_texas New Member

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    Best I can tell electric is legal gas is not...man that would really be bad if they gave you a no insurance ticket for a bicycle. I would kill the engine if I saw a cop maybe even have something to throw over the tank N engine as well. I would not go much over 15-20 if you go 30 be hard not to be noticed. I just need a ride to work and that's if and when I find a ride. It is only until I can afford a car which should not take long. There must be a ton of moto-bikes in Austin as I see ads for builders there.
     
  7. djspanky

    djspanky New Member

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    I think I will do everything I can- title, registration and possibly a M class license. I just need it to get to class and ride around town.
     
  8. george_n_texas

    george_n_texas New Member

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    Jury's still out on this one grey area 4 sure:

    Neighborhood Electric Vehicle and Motor Assisted Scooter Information

    The 78th Legislature addressed the issue of new transportation technology. The law now recognizes motor assisted scooters and neighborhood electric vehicles for limited street usage. The law can be found in the Texas Transportation Code (TRC) as Subchapter D, Sections 551.301 and 551.302. Subchapter D became effective on September 1, 2003.


    The 79th Legislature amended the law to separate neighborhood electric vehicles from motor assisted scooters. Section 551.302 was repealed and the content became Subchapter E, Motor Assisted Scooter, TRC 551.351. The information below is still an accurate summary of the laws as amended.


    In general, any traffic law which applies to bicycles also applies to motor assisted scooters. That means the operator must obey the usual traffic laws that bicycle operators must obey such as speed limit, signal turns, etc. (TRC 551.101(a)). However, TRC 551.351 states that some laws that apply to a motor vehicle do not apply to these scooters. This means that:

    * the scooter operator doesn't need a driver license,
    * the scooter operator doesn't need liability insurance,
    * the scooter doesn't have to be registered or have a license plate,
    * the scooter doesn't have to carry a low speed vehicle emblem; and,
    * the scooter doesn't have to be inspected.

    Cities and counties may prohibit operation of these scooters on particular streets or highways for safety reasons, as can the Texas Department of Transportation (TXDOT).

    Along with the "motor assisted scooter," the Legislature legalized the "neighborhood electric vehicle." The "neighborhood electric vehicle" is any vehicle subject to Federal Motor Vehicle Safety Standard 500. They generally resemble a golf cart, but are larger-usually capable of carrying four passengers-with a top speed between 20 M.P.H. and 25 M.P.H. Vehicles such as the John Deere Gator and Kawasaki Mule are not neighborhood electric vehicles because they are not subject to Federal Standard 500 in that they are designed to primarily carry cargo rather than passengers. Like the motor assisted scooter, neighborhood electric vehicles can be driven on any street or highway with a posted speed limit of 35 M.P.H. or less, and may cross streets or highways with a higher posted speed limit. However, unlike the motor assisted scooter, a neighborhood electric vehicle must be registered and have a license plate. The operator must have a driver license and the vehicle or operator must be covered with the required liability insurance or acceptable substitute. In addition, these vehicles meet the TRC Section 547.001 definition of a "slow moving vehicle," and must carry a low speed vehicle emblem. Finally, as with the motor assisted scooter, a city or county may prohibit their operation on a street or highway for safety reasons, as can TXDOT.

    The content of HB 1596 can be found at the Texas Legislature website.
     
  9. djspanky

    djspanky New Member

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    I think I should be okay as long as I follow traffic laws and don't use the motor on campus. I spoke with the owner of Soul Coast Fixies in town and it is legal as long as you follow some precautions.
     
  10. breeze

    breeze New Member

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    I remember the days of pushing my dirt bike to the train track or just killing engine when we saw any car, then coasting.
    So is that what most people do, just kill engine, always look like your pedaling, after all I want some exercise.
    How loud are they and do they smoke? I have not yet bought kit because I don't have a bike that will work yet and not sure which one to get but know less than 50cc just to be safe on the law.
     
  11. sh4dd0w

    sh4dd0w New Member

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    well, it seems as of late the great state of texas in it's infinate wisdom has redone laws about our bikes. They now say that the engine cannot be over 40cc. as soon as i find more on it i'll post it..trk
     
  12. Youngbird

    Youngbird Vendor

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    Next Page
    Title 2 Transportation
    Vehicle Services
    Authenticated PDF Version Authenticated PDF Version

    2259 Mopeds (Formerly Regs. No. 24 and 26)

    1.0 Authority

    Pursuant to Sections 101 and 4198M, Title 21, Delaware Code, the following regulations are hereby adopted.

    2.0 Mopeds

    2.1 Manufacturer's Statement of Origin must be presented to the Division at the time application for registration is submitted.

    2.2 Manufacturer's Statement of Origin must include:

    2.2.1 Manufacturer's name

    2.2.2 Year of manufacture

    2.2.3 Vehicle identification or serial number

    2.2.4 Maximum piston displacement less than 55cc.

    2.2.5 Brake horsepower rated at no more than 2.7

    2.2.6 Name and address of manufacturer.

    2.3 Certificate of title will be issued, same as on other vehicles. Fee for the title will be the same.

    2.4 Vehicle document fee must be paid, same as on all other vehicles.

    2.5 Registration card will be issued, same as on other vehicles.

    2.6 Fee for registration is $5.00 and shall be valid for 3 years. A moped license plate will be issued and has to be displayed on the rear of the moped so it is clearly visible. All moped registrations will expire on December 31st.

    2.7 Records shall be maintained on the vehicle computer files, same as all other vehicles.

    2.8 Duplicate title and duplicate registration card fees are the same.

    2.9 No inspection of the vehicle is required for mopeds purchased in Delaware unless supporting ownership papers are in question. (For VIN inspection only). Mopeds purchased out of state must be presented for inspection of the VIN.

    2.10 Liens can be recorded, same as on all other vehicles.

    2.11 No insurance is required.

    2.12 No helmet is required by operator unless under 16 years of age.

    2.13 Operator must hold a valid driver's license. The license does not have to be endorsed for a motorcycle. License must always be in possession of operator when moped is being operated.

    2.14 Regulations applicable to bicycles shall apply whenever a moped is operated upon any public road or upon any path set aside for the exclusive use of bicycles.

    2.15 Mopeds shall not be operated on:

    2.15.1 interstate highways, such as I-95

    2.15.2 limited access highways

    2.15.3 the right of way of an operating railroad.

    2.15.4 any path set aside for the exclusive use of bicycles unless the helper motor has been turned off.

    3.0 Registration and Licensing

    3.1 Due to numerous inquiries from non-residents concerning what Delaware will legally recognize for the operation of mopeds, the following information is provided:

    Resident of


    Moped Must Be Registered


    Operator Must Hold A Valid Driver's License

    Delaware


    Yes


    Yes

    Maryland


    No


    Yes

    Virginia


    No


    Yes

    New Jersey


    Yes


    Yes

    Pennsylvania


    Yes


    Yes

    District of Columbia


    Yes


    Yes

    North Carolina


    No


    Yes

    South Carolina


    No


    Yes

    3.2 Of the above, only the states of Delaware, Maryland, Pennsylvania and District of Columbia actually have laws requiring the operator of a moped to be a licensed driver. But as a matter of policy, so as to be consistent with the intent of Title 21, Section 4198M, all moped operators must hold valid drivers' licenses when such mopeds are being operated in the State of Delaware.

    3.3 Delaware will honor the law of the home state of the moped in regards to the registration of such vehicle. However, the operator of a moped must hold a valid driver's license from his state of residence, regardless of the law in the resident's home state.

    3.4 State of residence may be determined by witnessing the driver's license of the operator of the moped.

    9 DE Reg. 1988 (06/01/06)

    ****Delaware considers MBs to be MOPEDS and requires the same titling and registration for each.shft.
     
  13. george_n_texas

    george_n_texas New Member

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    I noticed Austin has several builder shops so I called one...the dude was more than friendly and pointed me to their web site news section.
    There's several links on this page but the top one is pasted here:
    News - AssistedBikes.com - Assisted Bicycles, Gas & Electric - Austin, Texas - John F. Graham Jr.
    May 26, 2008 2:56 PM
    Edwina P. Garza (Valley Morning Star)

    HARLINGEN - It may look like a typical bicycle, but the engine sitting on the frame makes all the difference.

    As the rider begins to pedal and release the clutch, its 40-cubic-centimeter engine starts to growl and the bike can accelerate up to 35 miles an hour - and save a biker from spending lots of money on gasoline.

    In this day and age, motorists are looking for a new means of transportation. While some pursue carpooling or public transportation and walking to avoid skyrocketing gas prices, others have turned to bikes.

    While a motorcycle may seem an obvious choice for some, Harlingen resident J.D. Smith uses his motorized bicycle.

    While living in Corpus Christi nearly a year ago, a friend introduced him to motorized bikes. A contractor for about 35 years, Smith thought building and selling the bikes would be a good way to earn extra cash.

    Currently, he is a student at Texas State Technical College, where he's taking government classes.

    "I like the 120 miles per gallon" of the motorized bike, he said. "And the low maintenance."

    The bike's gas tank takes two gallons of gasoline that can last "a couple of weeks," Smith said.

    In his motor-assisted bicycle, Smith has traveled through Harlingen to Combes, Rio Hondo and San Benito.

    "Everywhere I go, people are honking and waving," Smith said. "People pull up beside me and want to pull over to find out where to buy one."

    Smith assembles the bikes himself, separately buying 26-inch Kulana MoonDog Beach Cruiser bicycles and the gas motor engine kits. The kits cost $280. Smith said he assembles and sells the bike for $549.

    Unlike motorcycles, motor-assisted bicycles don't need special licenses, said Tela Mange, a Texas Department of Public Safety spokeswoman in Austin.

    But "they do have to adhere to traffic laws," Mange said of motor bike riders.

    Unlike motorcycles, the bike doesn't use a battery or key.

    Smith said the bike can reach speeds up to 30 miles an hour, but cautions that riders shouldn't go over 20 mph.

    "Because of potholes and railroad tracks," he said.

    In towns like South Padre Island, where destinations are only minutes away, Smith expects motor-assisted bikes to sell well.

    "I get about 12 calls a day about bikes," he said. "When they're ready to buy, there's no more questions."

    ____

    For more information about Texas Moon Dog motor bikes, contact J.D. Smith at (956) 281-2288.
     
  14. 52rockwell

    52rockwell New Member

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    My experience has been the same..
    To quote the Trooper "You must have a license to drive anything with a gas motor between the barditches ".
    I think it is a case of selecive enforcement..It depends on where you are. I read in The Austin American Statesman the other day that the Austin PD will not arrest people for small amounts of marijuana anymore. Try to get away with that in Waco or Jasper :)....
     
  15. george_n_texas

    george_n_texas New Member

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    Sec. 22-11. Neighborhood electric vehicles and motor-assisted scooters.
    (a) For purposes of this section the terms "neighborhood electric vehicle" and "motor assisted scooter" shall have the same meaning assigned by V.T.C.A., Transportation Code, § 551.301, as amended.
    (b) A person may not operate a motor-assisted scooter on any alley, street or highway within the city except, that a person 12 years of age or older, who holds a scooter permit, may operate a motor-assisted scooter on residential streets that are 27 feet or less in width and posted with a maximum speed limit of 30 miles per hour.
    (c) A person younger than 12 years of age may not operate a motor-assisted scooter on any street or highway, but may operate a motor-assisted scooter on public sidewalks.
    (d) A person may not operate a motor-assisted scooter on any path or trail within the city except on paths and trails set aside for the exclusive operation of bicycles.
    (e) A person 12 years of age or older, other than a person who holds a valid driver's license, may not operate a motor-assisted scooter within the city unless such person holds a motor-assisted scooter permit issued by the Richardson Police Department. A person younger than 12 years of age may, but is not required to, hold a motor-assisted scooter permit. A person required to hold a motor-assisted scooter permit shall have in the person's immediate possession while operating a motor-assisted scooter a motor-assisted scooter permit, and shall display the license on the demand of a magistrate, court officer or peace officer.
    (f) The Richardson Police Department shall administer an applicant for a motor-assisted scooter permit a safety course relating to the traffic laws applicable to the operation of motor-assisted scooters. Any violation of this section may result in suspension of a scooter permit.
    (g) Any person who operates or rides on a motor-assisted scooter shall wear a protective helmet when such motor-assisted-scooter is in operation and when a neighborhood electric vehicle is operated on a public street. For the purposes of this subsection a protective helmet means properly fitted headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any state or federal agency having regulatory jurisdiction over bicycle helmets at the time of the manufacture of the helmet.
    (h) It is an offense for any person to cause, suffer or permit another person to operate a motor-assisted scooter on any alley, sidewalk or highway within the city, in violation of this section.
     
  16. george_n_texas

    george_n_texas New Member

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    Justa heads up this ordinance is for Richardson Tx.
     
  17. george_n_texas

    george_n_texas New Member

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    Well I was at DPS today and talked to a senior trooper he pulled out his book and sure enough legal unless outlawed by city ordinance...under 40cc not faster than 35 mph but also may be ridden on a street marked 45 mph. Man that 40cc is a killer them turkeys know these kits are 48cc what a bunch of buzzards.
     
  18. Homeless Bob

    Homeless Bob New Member

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    Y'know... this is the kind of thing I have got my attorney looking into.

    It seems to me that the government can't mandate you buy something that's not for sale.

    Or... the government must require the insurance industry to write the policies they mandate.... (that's what the state insurance commissioners do after all... )

    Hummm... ???

    Kinda' like the old way they used to bust folks for not having tax stamps on their pot but not selling the tax stamps... that was struck down. If they mandate you have something, it has to be available.

    I can't wait to hear back from the lawyer about all this...
     
  19. yamahonkawazuki

    yamahonkawazuki New Member

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    Wow george. nice find. around here. dont need anythign whatsoever if 50cc's and under... YET. gtive em time. **** if it will make them a dime, tehyll put it into law.rd.
     
  20. motorbicyclnut

    motorbicyclnut New Member

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    A motor assisted bicycle is not a moped, and it's also not a motor assisted scooter. Right now in Texas motor assisted bicycles are a gray area, not exactly fitting the legal definition of either.

    Try this defense.

    Most police will claim you're riding a unregistered moped. Motor assisted bicycles fail this description because the Texas state law describes a moped as being a motor driven cycle.

    Motor driven cycle implies a cycle capable of being started and ridden off under it's own power. You can argue that a motor assisted bicycle fails to meet that description because you must peddle it to get going. Motor assisted bicycles are not designed to motor away from a stop without peddle assist. Whether or not you can do it is a different matter, but if you do you risk broken spokes and mechanical failures, so a motor assisted bicycle isn't a moped.
     

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