Heres the rub

Mobius

New Member
Jul 29, 2008
28
0
0
Oregon
Oregon difinition of a moped versus a motor assisted scooter:

A: To be legal on Oregon public roads, they must fit one of the definitions in the state’s laws.

Although a driver license is not required for motor-assisted scooters, electric assisted bicycles and personal mobility devices, riders must be at least 16 years old (ORS 807.020 and 814.512) and be eligible for driving privileges. It is also possible for a person whose driving privileges are suspended or revoked to be charged with operating any motorized vehicle while suspended/revoked - including a motor-assisted scooter - on public roads.

Driving any motor vehicle on a public road while suspended is a Class A violation with a maximum fine of $720.

Operation by a rider under 16 years of age is a Class D traffic violation with a maximum fine of $90.

A parent or legal guardian of a child younger than 16 years old who authorizes or knowingly allows a child to operate a motor-assisted scooter may be subject to a traffic citation and fine (ORS 814.536), as well.

Riders must follow Oregon traffic laws and any laws that apply specifically to these vehicles, such as wearing a helmet.

A driver license or restricted license is required for anyone to operate a moped (ORS 807.031). Violation of this law is a Class B traffic violation with a maximum fine of $360.

Q: Which motor-assisted scooters, mopeds, electric assisted bicycles and personal mobility devices are legal on public roads in Oregon?
A: To be legal on Oregon public roads, they must fit one of the definitions in the state’s laws.

Riders must be at least 16 years old.

Use of these vehicles also may be restricted in cities, counties, parks, bike lanes, crosswalks, sidewalks and other locations and situations.

Mopeds must be titled and registered, but Oregon law specifically exempts motor-assisted scooters, electric assisted bicycles, and personal mobility devices from title and registration requirements.

A motor-assisted scooter:

is designed to be operated on the ground with not more than three wheels;
has handlebars and a foot support or seat;
can be propelled by human or motor;
has a motor capable of propelling it no faster than 24 miles per hour on a level road; and
has a motor no bigger than 35 cubic centimeters or, if electric, has a power output of no more than 1,000 watts.
(ORS 801.348)

A moped:

is designed to be operated on the ground upon wheels;
has a seat or saddle for use of the rider;
is designed to travel with not more than three wheels in contact with the ground;
is equipped with an independent power source that is capable of propelling the vehicle, unassisted, at a speed of not more than 30 miles per hour on a level road surface; and if the power source is a combustion engine, has a piston or rotor displacement of 35.01 to 50 cubic centimeters regardless of the number of chambers in the power source; and
is equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the system is engaged.
A bicycle equipped with a power source may be classed as a moped if it meets all the moped requirements and also does not meet either the definition of an electric assisted bicycle as defined in ORS 801.258 or a motor assisted scooter as defined in ORS 801.348.

(ORS 801.345)


So is this saying that if I have a suspended DL then I cannot use either?
 

jasonh

New Member
Jun 23, 2008
1,590
0
0
36
Longmont, CO
Yep.

If they suspend your license, they don't want you on the roads anymore, period. Unless all you're doing is pedaling a normal bike.
 

eDJ

Member
Jul 8, 2008
530
0
16
Wayne National Forest
From what I read of your post Mobius, the second difinition:

A moped:

is designed to be operated on the ground upon wheels;
has a seat or saddle for use of the rider;
is designed to travel with not more than three wheels in contact with the ground;
is equipped with an independent power source that is capable of propelling the vehicle, unassisted, at a speed of not more than 30 miles per hour on a level road surface; and if the power source is a combustion engine, has a piston or rotor displacement of 35.01 to 50 cubic centimeters regardless of the number of chambers in the power source; and
is equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the system is engaged. A bicycle equipped with a power source may be classed as a moped if it meets all the moped requirements and also does not meet either the definition of an electric assisted bicycle as defined in ORS 801.258 or a motor assisted scooter as defined in ORS 801.348.

(ORS 801.345)
Seems to meet the definition of a bicycle with helper motor.

Looking at the 50 states legal overview of this Moped site:

Moped Laws by state

Oregon states:

Where I live, in Oregon, the law is that you must have a regular drivers' license to drive a moped... Also, the moped MUST have license plates and liability insurance.

Also, they are considered motor vehichles, so mopeds may NOT use any of the wonderful bike paths that are being built in the Portland area. I truly believe that this is the single most important reason why mopeds have never caught on in most places in the USA -- it's just too nerve wracking to compete with autos on most city streets, especially when you're doing the speed limit (25 or 30 mph) round town and all of the yahoos insist on going 45. Also, the cars seem to get angry because I'm not riding in the bike lane! I wonder if there is an advocacy group around that could start to work on the issue of letting mopeds to use street bike lanes.

By the way, in Oregon the dept of Motor Vehicles puts out a book called "Motorcycle and Moped Handbook" which details all of the requirements for mopeds. Perhaps other states do as well.
 

latour555

New Member
Jun 2, 2009
1
0
0
california
Hello - I'm new here.

Just read the thread on laws for moped. Suspended DL you are breaking the law.

can anyone tell me if a Bicycle cruiser with a motor on it that does less than 30 mph requires a DL in California?

I'm on hold with DMV now hold time is an hour or longer.... Typical

I am starting a company building hand made motorized bicycles and welcome suggestions on what you feel are the best products, types, ideas etc..

Thank you for your time -

How do I use the "Trackbacks" feature?
 

Stranded

New Member
Sep 1, 2009
2
0
0
Portland, OR
:confused:Hey, I'm one of those "no DL" guys (suspended), and after all of the research I've done, I still can't pin-point an Oregon Revised Statute (ORS) which clearly states that it's illegal for me to ride an Electric Assist Bicycle. Can anyone do that difinitively or point me in the right direction?

I just purchased a brand new Ultra Motor A2B believing it would be a great legal alternative transportation source for me, but now I'm unclear whether or not I'll get in trouble riding it.

If I can't ride it, I have a very expensive decoration in my garage! (Which may be For Sale soon.)
 
Last edited:

Kevlarr

New Member
Jul 22, 2009
1,628
1
0
Mi
...is equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the system is engaged.
Well that totally rules out any Chinese two stroke unless it's fitted with a centrifugal clutch kit. Dumb IMO.
 

Scotchmo

New Member
Jun 23, 2009
217
0
0
Los Osos, California
Well that totally rules out any Chinese two stroke unless it's fitted with a centrifugal clutch kit. Dumb IMO.
...is equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the system is engaged.

Like the California definition, it may be a gray area. An automatic clutch definitely meets the requirement. You could also argue that the hand clutch on the HT motor is legal since it is merely used to engage or disengage the system and no shifting is involved. Once the HT engine is engaged, it does not require any clutching or shifting by the operator. I engage the system (unlatch the clutch lever) and never do anything else. When I come to a stop, I can disengage the system or I can let the motor die and restart it when I take off. I don’t use the clutch to take off, I use the pedals and only after attaining sufficient speed do I engage the system. The system is either engaged or disengaged. And while moving, I never disengage or shift anything. The law does not say that the motor has to stay running when you come to a stop. Is it illegal to disengage the system while moving? That is a function of what the operator chooses to do with the engagement lever and not really a function of the legality of the equipment.
 

Kevlarr

New Member
Jul 22, 2009
1,628
1
0
Mi
That does make sense BUT we're talking laws here and when do they ever make sense? :D

Problem is that leaves a LOT up to interpretation and who are the ones that interpret the laws? Your local LEO, so with a law written like that it could really depend on what kind of a day the officer is having whether or not he gives you grief.
 

Stranded

New Member
Sep 1, 2009
2
0
0
Portland, OR
Hey There Again Folks - No one responded to my question, so I decided to cut through all the BS and make three phone calls to find out definitively what the law really is with regard to riding an Electric Assisted Bicycle with a suspended ODL. I called the following agencies 1) Oregon DMV, 2) Clackamas Co Sheriff & 3) Oregon State Police, and here's what I found out with regard to Oregon law:
All three phone calls confirmed the same information - IT IS LEGAL TO RIDE AN EAB WHILE YOUR OREGON LICENSE PRIVILAGE IS SUSPENDED / REVOKED. Done deal. Please trust me, because the reason that I went to so much trouble to find this out for sure is because I don't want to land in jail over someone else's misinterpretation of a variety of poorly written and confusing laws.

Ride On!
 

butchatron

New Member
Jul 22, 2009
54
0
0
44
kentucky
Well that totally rules out any Chinese two stroke unless it's fitted with a centrifugal clutch kit. Dumb IMO.
I think what the law means is its ok to use a clutch to start, stop and break, just not continual clutching and shifting, like a manual transmission on a motorcycle.