Idaho Laws

barret

New Member
Jul 6, 2008
20
0
0
Boise, ID USA
It can either be a curse or a relief that Idaho is still behind the times with their definitions of motorcycles, mopeds, and motor-assisted bicycles (my reasoning below):

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Excerpt from Title 49, Chapter 1: Motor Vehicles Definitions
Idaho Statutes

(9) "Moped" means a limited-speed motor-driven cycle having:
(a) Both motorized and pedal propulsion that is not capable of propelling the vehicle at a speed in excess of thirty (30) miles per hour on level ground, whether two (2) or three (3) wheels are in contact with the ground during operation. If an internal combustion engine is used, the displacement shall not exceed fifty (50) cubic centimeters and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; or
(b) Two (2) wheels or three (3) wheels with no pedals, which is powered solely by electrical energy, has an automatic transmission, a motor which produces less than two (2) gross brake horsepower, is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground and as originally manufactured, meets federal motor vehicle safety standards for motor-driven cycles. A moped is not required to be titled and no motorcycle endorsement is required for its operator.

(10) "Motorbike" means a vehicle as defined in section 67-7101, Idaho Code. Such vehicle shall be titled and may be approved for motorcycle registration pursuant to [under] section 49-402, Idaho Code, upon certification by the owner of the installation and use of conversion components that make the motorbike compliant with federal motor vehicle safety standards.

(11) "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground that meets the federal motor vehicle safety standards as originally designed, and includes a converted motorbike, but does not include a motor-driven cycle, a motorbike, a tractor or a moped.

Excerpt from Title 67, Chapter 71: Recreational Activities:
Idaho Statutes

(9) "Motorbike" means any self-propelled two (2) wheeled motorcycle or motor-driven cycle, excluding tractor, designed for or capable of traveling off developed roadways and highways and also referred to as trailbikes, enduro bikes, trials bikes, motocross bikes or dual purpose motorcycles.
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I say this is either a curse or a relief because, upon completing my first build, I contacted the DMV (via email) to ask them about the above statutes or what they thought about motor-assisted bicycles. The person who emailed me back asked me if I had a picture of my bike, and to describe it further (as they didn't understand what I was referring to). I quickly replied with a picture, and they wrote back with a somewhat vague explanation. They said Idaho Laws don't specify what a motor-assisted bicycle is, so it's really up to the local law agency of any given area as to how they would react or deal with these. So, depending upon how the law enforcement is in any given area, you can either have smiles or trouble. I myself have never had any problems here in Boise or even in neighboring Garden City. Of course, I ride like a gentleman and always obey all traffic laws. :D

But, I want to also put in my two cents about what a "moped" is. Dictionary.com, thefreedictionary.com, and yourdictionary.com, all define (in so many words) the word as "a motorized bicycle that has pedals in addition to a low-powered gasoline engine designed for low-speed operation." The origin of the word is about 1955, and if you break down the word, "mo" is for motor, and "ped" is Latin for foot, and also short for pedal. So, to split hairs and cause some to discuss this beyond length, ALL motor-assisted bicycles are mopeds, in the true sense of the word.

And that brings me to my last point: in Idaho, a moped is exactly what my bike falls under, and I think that even if you have a larger engine on your bike, and as long as you obey all traffic laws and are a conscientious rider, you should be safe.
 

Smorkmo

New Member
Apr 5, 2010
14
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Boise, Idaho
Can you post a picture of ur bike man? I live in boise as well and i ride a moped also. I have been pulled over once in garden city and given an $86 no registration ticket. He wouldnt believe me that it didnt have to be and he classified it as a motor bike on the ticket whitch it clearly was not, so i fought it and I won. I wa also ticketed again off of beacon and broadway, $50 for not having a horn, and $50 because I had a blinking back light instead of a break light. Fought that and won. Now my bike is 66cc but when I went to court i just showed them pictures and they believed me.

So now i get to ride around with court documentation that im legal. Its gotten me out of another ticket. I also cary a copy of the statutes because 90% of the cops here dont know the laws and it helps to refresh their memory :)
 

barret

New Member
Jul 6, 2008
20
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0
Boise, ID USA
Dude - thanks for writing! I'm currently working on finishing my college degree, and haven't had much time for my bike, but I'm glad you were able to win in court with both your tickets! I've never been pulled over while riding, but every time I hop on my bike I have a copy of the Idaho Statutes in my back pocket. My bike is a 49cc, so I don't have to worry about it being "over the limit." But, from seeing picutres of anything 50cc - 80cc, they all look about the same. Very cool that the court saw a picture of your bike and belived you that it was less than 50cc!

Anyway, I've posted a few pics for you, and in the last year, I've seen at least 3 instances of motorized bikes: once at Boise State, one was parked just outside the business building, chained to the bike rack; another time while waiting for the light to change on Cole & Northview, as the biker was traveling northbound on Cole (this was literally two weeks ago!); then another time when I saw a guy on a motorized bike was in my neighborhood out by Maple Grove & Lake Hazel area.

That makes me want to get back on my bike and ride around again!! Happy riding, man!!

Barret
 

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Smorkmo

New Member
Apr 5, 2010
14
0
0
Boise, Idaho
Nice! You gota prety clean set up. You might have seen me, you should read my post in the introduction section of the forum it's called 1,545 miles and counting

what kind of air filter you have on there?
 

barret

New Member
Jul 6, 2008
20
0
0
Boise, ID USA
Nice! You gota prety clean set up. You might have seen me, you should read my post in the introduction section of the forum it's called 1,545 miles and counting

what kind of air filter you have on there?
I've seen an increased number of people riding around on motorized bikes lately, and each time I see somone, it makes me want to tackle my bike project and get out there riding again! I've had almost NO time, and haven't touched it in a LONG time. Sad, yes, but I will get back to it hopefully again this summer!

As for my air cleaner, it was simply a mod I did to a stock air cleaner cover: I cut it to fit in the smaller space on my new bike.

Happy riding!
 

Barfly

New Member
May 2, 2010
18
0
0
Boise, ID
Can you post a picture of ur bike man? I live in boise as well and i ride a moped also. I have been pulled over once in garden city and given an $86 no registration ticket. He wouldnt believe me that it didnt have to be and he classified it as a motor bike on the ticket whitch it clearly was not, so i fought it and I won. I wa also ticketed again off of beacon and broadway, $50 for not having a horn, and $50 because I had a blinking back light instead of a break light. Fought that and won. Now my bike is 66cc but when I went to court i just showed them pictures and they believed me.

So now i get to ride around with court documentation that im legal. Its gotten me out of another ticket. I also cary a copy of the statutes because 90% of the cops here dont know the laws and it helps to refresh their memory :)
Q:
Do the Boise Police ask you for a drivers license when they pull you over.
 

DaveC

Member
Jul 14, 2010
970
0
16
Boise, ID
Hi, I'm here in Boise, too, and I'm working on putting a BGF kit on a Mongoose Paver. It's been a nightmare and an adventure. As large as the bike is because of the angles of the frame I'm having to modify parts as I go along. Right now I'm machineing a Briggs&Stratton intake to fit because there absolutly no room for the carb , mainly the throttle where it goes in on the top. I need a straight pipe and the Briggs pipe is close enough for it to work.

I was happy to see Idaho people here. :)
 

Smorkmo

New Member
Apr 5, 2010
14
0
0
Boise, Idaho
This post is in response to an email I recieved and I thought I should post my reply here for all to read. So far I have fought and won EVERY SINGLE ticket I've gotten in Boise, Idaho for a total of about $824 in dismissed fines.
I did get the $62 ticket for not having a horn and the $62 ticket for not having a mirror (2 citations, one ticket, $124 in total citatations) overturned because I didn't specifically mention I had a motorized bicyce in the court room. The ticket never made it to the judge, just to the court trial conference and the prosecutor's hands. He said and I quote, "Jeeze! What the **** did you do to piss that guy off?" I told him that I had a bell on my bike because I thought that all I was required to have was a noise making device, I also mentioned the fact that the officer who stopped me, Patrol Officer Adam Schloegel, said that bells are specifically reserved for ambulances and firetrucks only; I also told him that I had been stopped before by the same officer because he thought that because I didn't have registration, title, insurance, or endorsement that I wasn't legally allowed to ride on the road. The only reason I didn't get a ticket that time was because the officer got a code 3 call in the middle of writing the ticket and had to throw it out and that the reason he stopped me the second time and ticketed me for the horn and mirror was because he couldn't find anything else to get me for and merely pulled me over to find something wrong to ticket me for because he couldn't last time.
It should be noted though that I did have a mirror at the time the ticket was written for not having one, though the officer did not see it till I pointed it out to him after he had written it and when he saw it he said, "Well you can prove that in court."
I'm pretty sure that the only reason that the prosecutor dismissed both citations was because in a court room, a $124 ticket for those reasons is pretty silly and they didn't want to have to deal with a harrasment suit, which I would have pursued had I had to pay the ticket on account that I was doing nothing wrong at the time I was pulled over by the same officer who stopped me before.
I do now have a $5 squeeky horn and a larger, more visible mirror which I purchased at RiteAid and though I never use them, it makes it so they can't write a ticket for that.
Thats not what you have to worry about now, what you have to worry about are the officers on motorcycles because they are specifically traffic control officers and actually know most of the laws, the officers in cruisers are for domestic violence issues and such but will try to ticket you in hopes that you have no idea what your laws and rights are and are trying to meet their quota.
Now some people say they don't have a quota, but would you want to be the guy with the least amount of tickets written at the end of the month?
The last time I was stopped, it was by the motorcycle officers and they tried to say that because my " motor vehicle" didn't meet the Federal Motor Safety Standards, I wasn't allowed to ride on the road. So I did some more reasearch into the Idaho statutes and found a "motor vehicle" is only considered a motor vehicle if it is solely powered by an engine. Can't remember the specific statute for that one but in section 49-123 of updated Idaho code it states that any vehicle previously exempt from title or registeration on a state level is also exempt from the FMVSS regulations for Motorized Vehicles.
In Idaho statute 49-114 paragraph 9a and 9b it states that a moped is not considered a motorcycle and that it is exempt from title and endorsment. Now you cannot register something you cannot title and you cannot insure something you cannot register, so therefore, by default you are exempt from title, registration, insurance, endorsment, and FMVSS regulations.
You are however required to have a brake light that is activated by either your brake or clutch lever, a front light that is no more than 72" off the ground and can be seen from 500ft away, a horn that can be heard from 200ft away, a side/rear view mirror, and front and rear brakes, you do not have any one of those and they can write you a legitimate ticket you probably won't be able to fight.
So long as you are using your arms as turn signals you are fine, everybody who has taken drivers ed knows this. If you are stopped and they try to tell you its the law that you have to have turn signals they are full of crap and don't know what they are talking about because they are not traffic officers.
Hope that I have helped shed some light on the situation, as an afterthought I just had, you can also go to the Library of Congress which is located a block or two from the capitol building in down town boise and the people there will gladly help you find the laws you are looking for.
 

[email protected]

New Member
Nov 20, 2011
3
0
0
Boise
It's on the Idaho Dept. of Transportation site under motorcycle operator manual. For some reason, it will not let me copy and paste it. Want to give it a try?
 

RandyWhite

New Member
Jul 23, 2011
91
0
0
Idaho
Smorko, did the cop tell you what codes you were violating for the no horn, or mirror?

I have seen the motorcycle handbook and the ITD chart, can anyone give me the Idaho code that requires a moped to need a drivers license?
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
It would be irrelevant to show you the code..
Here's why....
1.) You see in the DMV manual, it tells you, a license is needed.
2.) On the chart from the DMV, it shows you, a license is needed.
3.) The code says basically the same thing.
4.) Everyone that looks at the code is broken into two groups..
A.) The people who have DL's will say, the code says neither a motorcycle endorsement, nor a is title needed, but you still need a license.
B.) The people who don't have a DL will say, it says that it's excluded from the motor vehicle definition because of this line...
or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.
So, even though the DMV explicitly states that you need a DL, the opponents will tell you one is not needed.

In the end, you have to decide whether to ride (possibly illegally) without a DL or if you have one, you're safe anyways.
 
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RandyWhite

New Member
Jul 23, 2011
91
0
0
Idaho
I don't see it as irrelevant, I see it as impossible. To be able to break the law, you have to have a law to break. For example, if I drove a car without reflectors, I would get a ticket under code 49-907.

You referenced the Idaho code that says it is excluded from the motor vehicle definition, so no license is needed. What code is the dmv manual and ITD chart referring to when it states a license is needed? If it is exempt from the motor vehicle definition, then there must be some other code that states I need a drivers license. Otherwise a license is not needed.

I would also point out that if a moped is exempt from the motor vehicle definition, then a moped is also exempt from needing headlights, taillights, rear reflector, turn signal, brake light, rear mirror, brake, and a horn. All of those statutes specifically apply to motor vehicles.
 

Barnfresh

Member
Sep 5, 2011
203
7
18
Nor-Cal
TITLE 49
MOTOR VEHICLES
CHAPTER 1
DEFINITIONS
49-114. Definitions -- M.
(9) "Moped" means a limited-speed motor-driven cycle having: (a) Both motorized and.................

So a Moped is actually a form of motor-driven cycle which is a motor vehicle.

(a)..........A moped is not required to be titled and no motorcycle endorsement is required for its operator.

Assumes you need to have a license in the first place in order to not have an endorsement?

(13) "Motor-driven cycle" means a cycle with a motor that produces five (5) brake horsepower or less as originally manufactured that meets federal motor vehicle safety standards as originally designed, and does not include mopeds. Such vehicle shall be titled and a motorcycle endorsement is required for its operation.

Motorcycle endorsement is required, again assumes a license is required in order to have an endorsement.
 

RandyWhite

New Member
Jul 23, 2011
91
0
0
Idaho
Your post is nicely formatted and even manages to contradict itself, Not bad.

You are trying to prove a moped is a motor vehicle, by lumping it in with the motor driven cycle definition, but the definition specifically excludes a moped.

Not exactly proof that a moped is a motor vehicle. Any other tries?