Homemade Motorized Bicycle legal in Ohio per OAC 4501-23-19?

JmE

New Member
I haven't been here for a while so forgive me if this is old news. I was checking out some bicycle laws for two of my girls and found this that I hadn't seen before.

OAC 4501-23-19

4501-23-19 Assembly by person other than manufacturer.
Nothing in these rules and regulations shall prohibit a person other than a manufacturer from constructing, assembling, or equipping a vehicle so as to conform to the specifications of a motorized bicycle. Such person shall, however, comply with all of the rules contained in Chapter 4501-23 of the Administrative Code to the same extent as is necessary of a manufacturer.

This has probably been covered here before. Maybe it's difficult to get Ohio to approve a home built? I've been erroneously telling people that they could only plate those motorized bicycles on the official approved list. However, it appears, according to the following, one mght only need to complete the certification forms that a manufacturer does. Of course, the bike would need to meet the same equipment criteria.

OAC 4501-23-04

4501-23-04 Manufacturer's certification.
(A) The manufacturer shall provide a certification of fact to the department of public safety that the vehicle is manufactured to comply with the performance and equipment requirements of this chapter prior to any sales within the state of Ohio.
(B) Such certification shall be on a form prescribed by the department. The form shall indicate, at a minimum, that the vehicle meets the definition of a motorized bicycle in Ohio which requires that:
(1) The vehicle have either two tandem wheels or one wheel in the front and two wheels in the rear;
(2) The vehicle is capable of being pedaled and;
(3) The vehicle is equipped with a helper motor that:
(a) Has no more than fifty cubic centimeters piston displacement;
(b) Produces no more than one brake horsepower and;
(c ) Is capable of propelling the vehicle at a speed of not greater than twenty miles per hour on a level surface.
(C) Based on this certification, and on any other knowledge which the department may possess concerning the vehicle in question, the department shall approve or disapprove the vehicle for sale and operation in Ohio as being within the definition of a motorized bicycle.

The statement, "the department shall approve or disapprove the vehicle for sale and operation in Ohio as being within the definition of a motorized bicycle" and "nothing in these rules and regulations shall prohibit a person other than a manufacturer from constructing, assembling, or equipping a vehicle so as to conform to the specifications of a motorized bicycle" leads me to an interesting conclusion. Since the home builder isn't looking to sell the motorized bicycle in Ohio but merely operate it ("sale AND operation") and the rules/regs can't prohibit an individual from constructing one ("nothing... shall prohibit... other than manufacturer").

So, I believe that as long as one builds to conform to OAC 4501-23, then the state either must provide a means to approve or simply issue a motorized bicycle plate on affidavit of meeting certification to a person building a motorized bicycle for operation and not sale that meets the requirements set forth in OAC 4501-23.

What says ye? Is this old news and someone has already found the way to do this? Or am I missing something?

If it hasn't been done already, it could be tedious to get Ohio to perform. However, the "nothing" "shall prohibit" is strong enough in Ohio law to make it very doable. I don't have a bike to approve right now and no funding to build one, however, if someone nearby wants me to help get their bike approved, I'm game. Just make sure that the engine TRULY meets Ohio's requirement at the time we seek approval.
 
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Hi All,
I have been wanting to build one of these bikes for quite some time and have been following this forum on and off a couple of years now. I have a nishiki mountain bike that imo will be perfect. I am Leary about doing the sproket spoke clamp, wider pedal crank change out types because I don't want to mess this bike up. I am leaning towards a staton fd. Either with the Honda 35cc or zenoah 2 stroke. Any thoughts?!
Reason I am posting is because I could not find clear wording on Ohio's dot website stating whether these bike are legal or not. I emailed my city's police dept and an officer replied stating as long as I obey the 1 hp, less than 50cc and have a drivers license I could ride on city streets. He gave me a link to the city's laws on motorized bikes. It seems each municipality has its own laws governing motorized bikes etc. I printed the email to keep with me when I build a kit and ride. My advice, write to your local pd and see what they say. Hope to hear your opinions on my choice of engine kit..
Kevin
 
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