I need advise to do on ticket and impound on my bike

Discussion in 'Laws and Legislation for Motorized Bicycles' started by Dreamhammer, Apr 23, 2012.

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  1. Dreamhammer

    Dreamhammer New Member

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    Well I was pulled over here in el mirage and got ticketed for driving a 48 cc motorized bike without a license and they impounded the bike all because the officer said I was going 30 and kept calling it a moped what should I do? I thought the whole point of the 20 mph limit was just a speed limit nothing more nothing less I can seriously use some legal and regular help here guys. Also how many of you have been pulled over?brnot
     
  2. Al.Fisherman

    Al.Fisherman New Member

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    I'd first start by researching AZ laws on this subject.

    §28-101. Definitions

    6. "Bicycle" means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:
    (a) Two tandem wheels, either of which is more than sixteen inches in diameter.
    (b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.

    30. "Moped" means a bicycle that is equipped with a helper motor if the vehicle has a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of one and one-half or less and a maximum speed of twenty-five miles per hour or less on a flat surface with less than a one per cent grade.

    31. "Motor driven cycle" means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower.


    http://azbikelaw.org/blog/tucson-motorized-bicycle-ordinance/
    ARTICLE II. MOTORIZED BICYCLE OR TRICYCLE
    Sec. 5-4. Regulating motorized bicycle or tricycle; purpose and intent.
    The State has granted municipalities express authority to regulate or prohibit the operation of motorized electric or gas-powered bicycles or tricycles. It is the purpose and intent of this Article to provide for the regulation of motorized electric or gas-powered bicycle or tricycle (“motorized bicycle or tricycle”) to protect the safety of pedestrians, bicyclists, motor vehicle drivers and operators of motorized bicycles or tricycles. The Mayor and Council find it is in the public interest to regulate the operation of motorized bicycles or tricycles by prohibiting their use on sidewalks, multi-use paths, shared use paths and pedestrian paths, and by imposing age restrictions and safety requirements for the riders of motorized bicycles or tricycles.

    Sec. 5-5 Definition.

    As used in this article “motorized bicycle or tricycle” means an electric or gas-powered bicycle or tricycle that is equipped with a helper motor that has a maximum piston displacement of forty-eight cubic centimeters or less or an electric motor of less than 750 watts (1 h.p.), that may also be self-propelled and that is operated at speeds of less than twenty miles per hour.
     
    #2 Al.Fisherman, Apr 23, 2012
    Last edited: Apr 23, 2012
  3. Dreamhammer

    Dreamhammer New Member

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    I did and it is completly legal to drive one.
     
  4. wayne z

    wayne z New Member

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    Get a copy of the laws in hand and talk to the town mayor, or the judge trying the case. Worked for me(the mayor) with a speeding ticket(in my truck). Might work for you since you've broken no laws unless he radared you.
     
  5. Mike B

    Mike B New Member

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    How fast were you going?
     
  6. fx-2

    fx-2 New Member

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    My home in Arizona so here what I know . Above 20 mph you are no longer a motorized bike , the law states 20 mph max . You fall in some class not sure what . So they impound your bike and ticket you for no plate no insurance no lights , horn an an an big deal . No one get there bike back and the tickets up to 1700 dollars .
     
  7. Venice Motor Bikes

    Venice Motor Bikes Custom Builder / Dealer/Los Angeles

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    Try going to the impound yard to get your bike out & see what they say?
    The ticket for no license is probably a separate deal thats handles in court; But you might still be able to get the bike out? ;)
     
  8. Al.Fisherman

    Al.Fisherman New Member

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    §28-101. Definitions

    States.... 25 MPH not 20MPH..but may of been changed???
    30. "Moped" means a bicycle that is equipped with a helper motor if the vehicle has a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of one and one-half or less and a maximum speed of twenty-five miles per hour or less on a flat surface with less than a one per cent grade.
     
  9. azbill

    azbill Active Member

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    a motor assisted bicycle needs to be <20

    http://www.azleg.state.az.us/ars/28/02516.htm

    "C. For the purposes of this section, "motorized electric or gas powered bicycle or tricycle" means a bicycle or tricycle that is equipped with a helper motor that has a maximum piston displacement of forty-eight cubic centimeters or less, that may also be self-propelled and that is operated at speeds of less than twenty miles per hour."

    more than 19.99mph and they can classify you as a moped which has its own requirements
     
  10. Dave31

    Dave31 Moderator
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    Here is one thing I am confused about....

    If you go over 19.99mph you are considered a moped or motorcycle depending on your speed and you are ticketed for moped or motorcycle laws.

    But here is where I am confused, and I see this often.

    If I am speeding on my motorized bicycle lets say 24mph, I am automatically ticketed as a moped becuase I am going above the 19.99mph speed limit for motorized bicycles.

    But! Even though I am being ticketed as a moped, I see and hear many that still receive a speeding ticket for a motorized bicycle. Now, how can the officer ticket me as a moped but yet still ticket me for speeding when a moped speed limit is higher then a motorized bicycle?

    If I am a moped, and receiving no insurance,drivers license,and no registration tickets; then you cannot be ticketed for speeding on a motorized bicycle! According to the law you are now a moped and have a 30mph limit.

    So why the speeding ticket at 19.99mph if I automatically turn into a moped above 19mph with a 30mph speed limit for mopeds?

    Many are being ticketed as a non registered moped and a speeding motorized bicycle. It would seem to me that once you are deemed a moped, they cant turn around and ticket you for speeding on a motorized bicycle.

    They can still give you a no registration,insurance,licenses ticket but also a speeding ticket?
     
  11. decoherence

    decoherence New Member

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    you do have a point. they can't ticket you for a moped & a bike.
    one or both has to be thrown out.
    i would try to get it nocked down to speed ing on a bike not driving illigaly on a moped.
     
  12. LR Jerry

    LR Jerry Active Member

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    A speeding ticket on a motorized bicycle is probably less than the multiple charges associated with the moped charges. This is something the law does so you'll plead to the lesser charges.
     

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