Idaho Moped Law

[GreedyRogue]

I would like to point out the current moped laws in Idaho as there are a few misinformed people at the dmv and police department. There are very few pamphlets that refer to mopeds. The one located at this link is nicely formatted, but has so much wrong information on it.

I have personally contacted 2 dmv employees, 1 police officer and sent emails to 2 other police departments. The first dmv rep argued with me and kept pointing out irrelevant information, then got frustrated and told me to contact her supervisor. The second dmv rep was informed, asked a few simple questions and told me mopeds are legal, do not require to be titled, registered, insured, or have a valid drivers license.

The first cop I spoke to listened to my whole explanation then told me to call back and get a hold of a traffic cop. I have not received a response from 1 email yet and the second was very helpful and promised to review the pamphlet that I linked above and to get the information on it corrected.


Here is the current Idaho statutes relevant to mopeds.

statute 49-114 moped definition:

(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.

Statute 49-123 definition of a motor vehicle.

(g) Motor vehicle. Every vehicle which is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.

Statute 49-301 Who needs a Drivers License

Drivers to be licensed. (1) No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver’s license. Provided however, that those persons holding a restricted school attendance driving permit may drive upon a highway pursuant to the restrictions set forth in section 49-307A, Idaho Code.

There are alot of other statutes that people say regard mopeds but if you read the wording, they all refer to motor vehicle.

The first 2 statutes are the ones relevant to mopeds and how they are regarded as not being a motor vehicle, the third is the requirements for needing a valid drivers license.

So, a moped is not a "Motor Vehicle" and is not required to be titled, registered, insured, or have a valid drivers license.

Anything with an engine larger than 50cc, or is electric with greater than 2 gross brake horsepower, and can go faster that 30 MPH is not considered a moped and falls outside this definition.

I hope that if you live in Idaho, you are more willing to take your case to your local dmv/pd and point out the fact that there is a difference between mopeds and scooters. Feel free to inform them of the laws regarding our bikes.

These are the current laws and may change at anytime. They also don't include any city ordinances that you may run across.

Feel free to look up city codes here
or Idaho statutes here

 

[SANGESF]

Question is, does it need to be registered?
It says no title....
According to what I saw on the Idaho website...
http://itd.idaho.gov/dmv/vehicleservices/documents/IDChart23WV.pdf
It says you need a valid regular drivers license, hence the reason in your above example, they say no "motorcycle" endorsement required... If you notice, that SEEMS to imply no endorsement, but still a normal license..
Your above example In section B seems related only to electric...
I'm sure you could argue it in court, and as usual the legislature's always are worded ambiguously.

As I've noticed here in Florida.. The statutes can say one thing and the DMV can say another.

 

[GreedyRogue]

As I have found out there is very little reliable information on mopeds in Idaho and I am still trying to get it cleared up. According to the person I talked to at the Twin Falls dmv, they do not need to be registered. Unfortunatly if you follow the letter of the law, they are not Motor Vehicles, and a lot of the statutes specifically say "All motor vehicle etc...." There just isn't any laws pertaining to these bikes.

As to the chart you linked I am still trying to work that out. I believe they are lumping motorized bicycles (mopeds) with scooters.

With the moped definition, they are talking about 2 different types of mopeds, gas engine with pedals, or electric motor with no pedals. With the wording they have, an electric motor with pedal, or a gas powered without pedals would not even be considered mopeds. Either way the wording is "A moped is not required to be titled" so if your bike fits either definition, it is a moped and does not need titling.

As far as the statutes saying one thing and dmv saying another I have seen this as well. But I think the dmv is just under-informed about mopeds, or categorize them with scooters.

And it may take someone getting pulled over riding a moped and fighting it in court to get the truth out. If you follow the letter of the law as it is written, there are no laws on the books in Idaho regarding mopeds. I would love to get an attorneys take on the law as it is written but this is still just a hobby for me and I can't afford to hire a lawyer to answer the question

 

[GreedyRogue]

Just a quick reply again, I noticed on the chart linked above that they refer to a "Two or Three-Wheeled Motorized Bike". I know I might just be picky but there is no motorized bike definition in the Idaho Statutes. Even doing a search does not come up with the term anywhere in any of the statutes.

So my question here is does the chart even apply to mopeds? I may be just bantering words but how are we supposed to follow the law if it is either non existant, as the case with mopeds seems to be, or the wrong terms are being used?


As a side note, I just emailed the Idaho Attorney General to get his input on the law. When I get an answer I will post it here.

 

[GreedyRogue]

Update:
I have multiple emails out to the Idaho Attorney General, Idaho transportation dept. and Meridean pd still awaiting a reply. I received an email response from the Twin Falls Sheriff's office this morning. I removed my name and the officers cell phone but the rest is here.
As a side note, a quick search of the meridean city code has no reference to mopeds at all. . .

XXXXXXX,

I've got a call into the Meridian PD in reference to their phamplet concerning the driver's license requirement for mopeds. They have not yet returned my call.

I have looked at the same codes as you reference and agree with you opinion. If you cannot register or title it then it does not meet the definition of a motor vehicle. Therefore, you do not need a driver's license to operate your moped. This means that you would be bound by the statutes that regulate bicycle riders.

I will notify you if I find anything different from Meridian PD. It could be possible that they have local ordinances that are stricter than the Idaho code.

I hope this answers your questions, if not please contact me on my cell phone.

Sincerely,
Deputy Butch Edwards
Twin Falls Sheriff's Office
Code Enforcement Officer

Cell # 208-xxx-xxxx

>>> XXXXXXX 02/12/11 2:12 PM >>>

I am trying to get clarification on the law pertaining to mopeds. I intend to buy a motor bicycle kit online and putting it on a 26 inch mountain bike. I know a moped does not need to be titled, but nowhere does it specify if it needs to be registered, insured, or have a valid drivers license.

The motor is 49cc and it will be geared to go less than 30 MPH, so it does fit under the moped definition.

According to Idaho statute 49-114 section 9

(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.

The above highlighted section is important as it relates to Idaho code 49-123 section g

(g) Motor vehicle. Every vehicle which is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.

Statute 49-301 does not address mopeds only "motor vehicle"

Drivers to be licensed. (1) No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver’s license. Provided however, that those persons holding a restricted school attendance driving permit may drive upon a highway pursuant to the restrictions set forth in section 49-307A, Idaho Code.

According to the above statutes, a moped is not a motor vehicle and should not require a drivers license, or to be insured or registered. The only information I have found regarding mopeds is a 2 page pamphlet put out by city of Meridean pd located at
http://www.meridiancity.org/uploadedFiles/Departments/Police/Crime_Prevention/traffic1204.pdf
but according to the statutes I found, the information in it is an outright lie. All of the requirements they claim a moped falls under apply to motor vehicles, which as you can read above does not apply. Any clarification as to which is right along with proof would be greatly appreciated.


Awaiting a reply
Concerned Citizen

 

[SANGESF]

The reply from the AG is the one you want.
Cops may say one thing, but a DA and a Judge can say something completely different.

 

[GreedyRogue]

I am still waiting to hear from the AG and I contacted Deputy Edwards by phone after receiving an email from a "Driver’s License Program Specialist" supervisor from the Idaho Transportation dept.

Deputy Edwards couldn't understand what the rep from ITD was referring to as the answers she was trying to give were not based on any Idaho law, and the statutes she tried claiming applied, didn't. He advised to just ride the moped according to all applicable laws, and if I ever get pulled over, have a copy of the Idaho statutes available to show the officer.

The one thing I specifically asked was how to prove that I was not doing anything illegal by just operating a moped and he said it's hard to prove a law that doesn't exist.

I am going to keep in contact with the AG and see if I can get the ITD chart and the Meridean pamphlet changed as well. Hopefully I can get something from the AG that I can pass around to the moped sites that most people go to and get them to change their site as well.

 

[GreedyRogue]

So I finally got a response from the Idaho Attorney General's office. Basically I got a thank you for contacting them, who they are required to respond to and then this, and I quote;

"The Attorney General by law cannot provide the research and legal guidance you have requested. you may wish to consult with your private attorney to provide you with the legal advice you are seeking."

Signed by a Constituent Information Specialist.

So it took 3 weeks to get a letter that says they aren't going to help. Deb Hall From the ITD has not responded to the last 2 emails I sent her. I still want to get the ITD publication changed which I believe has false information but don't know where to go from here.

Any suggestion you readers might have would be appreciated, especially if you are an attorney from Idaho! =)

 

[SANGESF]

Rotflmao...
That's funny..
The AG's office WON'T give you an answer...
The AG is the freaking LAWYER FOR THE ENTIRE STATE, and he won't give you a legal definition?
I would for-go the email and call the AG's office DIRECTLY and keep calling until you get a STRAIGHT answer. If they won't, then I would call a news agency and tell them that the main lawyer for the state won't help one of his constituents with a legal definition.
You want to see how fast you get a straight answer once you get the media involved

 

[GreedyRogue]

According to the letter he sent, he only answers specific people, and only if the matter relates to their office.

"The Attorney General is required by law to give legal opinions in writing to the Legislature, the Governor, Secretary of State, Treasurer, State controller, and the trustees or commissioners of state institutions, when required, upon any question of law relating to their respective office."

At this point I don't know what to do. The Sheriff I was talking to refuses to email me anymore. ITD dept won't return my emails. Calling would be faster but I like to have a record of anything that is said. Wouldn't do any good for the AG to tell me we are legal and not get it in writing.

I even contacted a bicycle attorney here in Idaho and he replied "yep interesting and complex legal analysis. I can see a court going either way on it"

I am pretty much convinced that there are no legal requirements to operating a moped except following general bicycle laws and all rules of the road as if you were driving a car. I still want the information changed on that dang itd chart requiring a moped operator to need a valid drivers license.

 

[SANGESF]

Call a news organization and have them do a story.. You'll see how fast you get an "opinion from the AG's office".

 

[GreedyRogue]

So I have gotten a second opinion on the motor vehicle definition that I would like to run by someone. The full definition of a motor vehicle is this:

Motor vehicle. Every vehicle which is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.

The way I understand it, this sentence "Motor vehicle does not include. . . or other such vehicles that are specifically exempt from titling" refers to any vehicle (including mopeds) that is not required to be titled is not a "motor vehicle".

The second opinion I got says "My conclusion is that "other such vehicles" relates directly to vehicles of the nature and type of the three examples and does not refer to mopeds."

Any idea what the intent is using the phrase "other such vehicles"? Or better yet a way to figure it out?

As it was pointed out, that can be interpreted both ways, so how am I supposed to get a correct answer? Even if I hired the best lawyer on the world to give me an answer, a judge can still say it fits the other way and I go to jail.

My biggest concern is, my license is suspended. The reason my license is suspended is because I failed to pay child support because I was unemployed. But without transportation I can't get a job, and without a job I can't get my license. Yet as soon as I get a job I can get my license reinstated. Damn catch 22 if I ever heard of one.

 

[jburr36]

I live n Emmett, Idaho which is in Gem County. I'm about 22 miles North of Boise.

Here is the relevent section of Idaho code pertaining to motorized bicycles copied directly from the 2011 Idaho Motocycle Operator's Manual:

“Moped” 49-114(9) 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.."

If you are over 50 CCs for the engine and/or are propelled faster than 30 mph on straight level ground then you fall into this category:

“Motor-Driven Cycle” [49-114(13)] 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 vehicles shall be titled and a motorcycle
endorsement is required for its operation."

AND

“Motor Scooter” and “Scooter” - generic terms, not defined in the Idaho
traffic law manual, referring to a wide variety of motorized cycles and toys. A
two or three-wheeled vehicle of any size, manufactured for use on public
roadways and sold by a licensed dealer is probably a motorcycle."

That last paragraph is incredibly vague but if you do a bit more reading you come to a table that outlines specific requirements for each class of vehicle.

The relevent parts are:

MOPED - Slower or equal to 30 MPH, or engine smaller or equal to 50 CCs, vehicle is not classified as a motorcycle. FMVSS Labeling may be required - See Definition. Does NOT need to be titled, Does NOT need to be registered, Can be operated off highway, DOES REQUIRE a valid Idaho driver's license, and does NOT require a motorcycle endorsement.

MOPED - faster than 30 MPH, engine greater than 50CCs, vehicle IS classified as a motorcycle. DOES need to be titled, DOES need to be registered, Can be operated off highway, DOES REQUIRE a valid Idaho driver's license, and DOES require a motorcycle endorsement.

Motor-Driven Cycle - Effective July 1, 2008 Vehicle is classified as a motorcycle. FMVSS Labeling required. This vehicle DOES need to be titled, DOES need to be registered, Can be operated off highway, DOES REQUIRE a valid Idaho driver's license, and DOES require a motorcycle endorsement.

So, GreedyRogue, to answer your question if you are require to have a valid Idaho driver's license to operate your motorized bike the answer is clearly Yes you do. Titling, registration, and insurance requirements depends on the displacement of your engine and your top speed.

I'm currently building a new bike with a 4-cycle engine. I chose to have one less than 50CCs AND I have to govern it to stay under 30 MPH as well so I can avoid the DMV and insurance requirements however I'm going to make it a priority to keep a current copy of the Idaho Motorcycle Operator's Manual on my bike at all times as it contains the sections of Idaho vehicle code relevent to my bike just in case I do get stopped by the police. Please keep in mind that some counties and local municipalities may have ordinances that regulate motorized bicycles in addition to state laws. Be sure to research your local laws before you decide to ride.

For reference here is the URL link to the Idaho Motorcycle Operator's Manual:

http://itd.idaho.gov/dmv/driverservices/documents/motorcycle_manual.pdf

EDIT: I did some further research pertaining to the FMVSS labeling requirement. Unless the federal government considers each and every one of us a moped manufacturer I don't believe it's relevent to us. I will consider my bike as 'experimental' nevertheless as I'm modifying the bicycle to operate outside the manufacture's design.

Here is a URL to the US government's website regarding the FMVSS labeling:

http://www.nhtsa.gov/cars/rules/maninfo/mcpkg002.pdf

 

[GreedyRogue]

I have read and reread all relevant statutes and nowhere does it specify that a drivers license is required. In fact, only "motor vehicles" are required to have a drivers license. Just for fun, I would like to know your sources that titling and insurance are not required.

If our mopeds are considered a "motor vehicle" then we are also required by law to have headlights, taillights, rear reflector, brake light, rear mirror, brake, and a horn in compliance with Idaho Code
49- 905 through 908, 933, 940, 956.

Also your claim that over 50cc/over 30 mph makes it a "Motor-Driven Cycle" is also questionable. Feel free to look here and follow the chart yourself. Pretty sure we aren't self certifyng our mopeds as FMVSS by owner.

I have heard it both ways from almost everyone I ask. Lawyers have said it can go either ways. Sheriff's dept. comes up with all kinds of interested "laws". One even told me it fell under the Peda(L)-cycle law. Another sheriff says I'm completely legal and agrees that no license is needed. Itd has ranged from "It started as a bike and can never be anything other than a bike" to it's a motor cycle, to it's not street legal no matter what.

I would like to point out 1 thing you may have missed. The moped definition has this clause " . . .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"

I don't know how you drive, but when I come to a stop, I use the clutch so I can idle. That wording above would seem to suggest that unless you have a centrifugal clutch, 2 stroke motors don't even fit the definition of a moped in Idaho.

I still believe that a moped is not defined as a motor vehicle. Because of that you don't need a drivers license. Until I get a ticket and fight it all the way in every appeals court, and lose, you can't change my mind.

But thanks for the point of view.

 

[jburr36]

I just go by what the Idaho motorcycle handbook says. I have many family members that are in law enforcement in the valley and they interpret the law basically as I did and that is we need a valid Idaho driver's license to operate motorized bicycles on public roadways. Even the bicycles with the electric motor assisting requires a driver's license to operate on the road according to the handbook. In fact for the exception of motobikes not manufactured for street legal operation such as dirtbikes, mini bikes, and racing bikes the only motorized vehicle allowed on public roadways that doesn't require a driver's license are 'pedestrian' vehicles such as Segways and electric wheel chairs.

About the clutching, it is irrelevent to the discussion regarding the driver's license as it pertains to which class the vehicle would belong in. That would be more relevent to a discussion regarding titling and registration and insurance in Idaho. My source for the titling, registration, and insurance can be found in the table on page 7 of the Idaho Motorcycle Operator's Manual. Again here is a link to a PDF copy of the manual:

http://itd.idaho.gov/dmv/driverservices/documents/motorcycle_manual.pdf

What it comes down to is how a judge will interpret the law though. Ultimately the buck will stop there. If I was as unclear about the definitions as you seem to be I would go down to the Ada County courthouse and ask a clerk for the traffic court to see if a judge can give me an interpretation of the statues regarding these types of motorized bicycles and the driver's license requirement. I think that would be more worth while than challenging the system.

EDIT: As for the lights, mirrors, and horn.. I'm adding them to my moped purely for safety reasons and not for some state or federal requirement. I will be doing most of my riding on the road and wish to operate as any other motor vehicle there. The more predictable my riding habits are and the more I can make my equipment operate in a familar fashion to other drivers the safer I will be on the road.

 

[GreedyRogue]

So I assume then that you have all the required accessories for your motorized bicycle including headlights, taillights, rear reflector, turn signal, brake light, rear mirror, brake, and a horn?

Would like to see a picture of a bike with all of that.

 

[DaveC]

...mine does. I did it for me. As far as state law goes, ,l,,

I'm in the same boat your in, GR, suspended license due to child support nonpayment(I'm NOT paying for her illegitimate child) The laws in this state are restrictive enough without involving "family lawyers". I'd fight any ticket on the grounds you don't need to be licensed for a legal un-licenseable bike.

But I'm not worried, cops never give me a second glance thanks to those who have gone before

 

[Manxman]

I'm from Illinois. Up to 750 watts 1HP is considered moter assisted bicycle and not a motor vehicle. No license required. However, I have a revoked license so no one's sure if one on suspended or revoked is legal although an attorney suggested I was good to go.

However, since Illinois is famous for putting a person in doc for driving on revoked, I've taken my attorneys suggestion that I am legal, however in order to not draw unnecessary attention, I'm going the ebike route.

Can either of you get along without the gas engine and go to electric as I believe you would be much more unlikely to be stopped? I ordered a bike that claims 50 miles per charge with top speed of 20mph, no pedaling. So I figure maybe I can get half their claim or 25 miles per charge which will do for me. I'd rather have the gas, but if the gas is going to draw attention and keep me from driving and an ebike might not, I'd rather ebike than walk anytime.

20 mph and 25 miles distance is a dream compared to my 2 feet anytime. mo.. manxman

 

[jburr36]

So I assume then that you have all the required accessories for your motorized bicycle including headlights, taillights, rear reflector, turn signal, brake light, rear mirror, brake, and a horn?

Would like to see a picture of a bike with all of that.

I'm still in the process of ordering the parts. Everything is still in the boxes and the engine kit hasn't arrived yet. I have all the lighting but I'm going to make some modifications to them. 1st is convert all incandescent bulbs to LEDs. It's going to require a lot of customization but I think it will work pretty well. I even bought a shifter kit for 4 strokes from Sick Bike Parts. What I want to do is paint the brackets and clean all the oil off the u-bolts. I'll then dip the u-bolts into a can of Plasti dip (used to add rubber coating to tool handles). I do that to protect the bike's paint.

Only issue I have to resolve yet is to come up with a modification to the engine to generate 13 vdc to charge the battery for the lights. that shouldn't be difficult though.

I'll post pics when as I go.

 

[DuctTapedGoat]

For Idaho Law it's very clearly listed in the Title 49.

For a legal motorized bicycle :
<50cc, pedals, <30mph, NO shifter kit allowed, no registration required, no insurance required, M endorsement not required, not specified if valid driver's license is required.

If you surpass this, it's only good for offroad. If you surpass this remove the pedals and get it up to snuff, you can VIN it as a motorcycle. If you want to ride a real moped, you need to buy a frame that's VIN'd with pedals and then you're not limited by CC and MPH, as long as it's all up to snuff.

As far as operating it is concerned, all you have to do is follow bicycle laws (again, listed in Title 49), and keep off sidewalks and greenbelts.