Illinois

["the prussian" Shop Dogs]

That is strange to have them say you can't get a DUI on a bike,you sure can in Waukegan.
I know three people who received full DUI revocation of there IL DL (on bicycle),one of them was in my classes. It seems to me that cops will still aresst people for whatever they think at the time and let the judge figure it out. If you have ever had a judge mad at you ,you know the insane amount of control they have over the average Joe.

 

[eldo]

Guys you are way over reacting. The law says 1hp gas or electric If your running a50cc motor how is the cop or any one else for that matter gonna no howmany hp it is. put it on a dyno machine doent think so. Point is 20mph aqnd obey the rules and dont be drinking when your driving. Im not blowing smoke up any bodys butt Ive had 5 DUIS spent time in county jail and in state prison all for driving on revoked and DUI. I have got 3 good friends who are cops they all were told they were lagal just cant go over 20 and be 16 thats there point. You can write all the letters you want it is what it is. Unless you piss them off and they change them. The way the laws are now are as good as they can be. Motor vehicle vehicle its a bike with pedals and a small motor thats under a horse and dont go over 20mph. If you drive drunk and get caught your gonna pay the price. Thats what got you in to this mess. The law says you dont have to have a license its written in the above crap. So it dont matter if you had 20 DUIS you dont need a license to cut your grass as long as you stay on the grass no matter how many DUIS you had > Follow the rules and you will be good.

 

[Catfisher]

When it comes to legal matters that can put my livelihood at risk, I prefer to know than to guess.

Amen to that, Nougat!

As I referred to in my last post, having a judge threaten you with a year in jail/prison for ANY infraction is a scary threat to me. It's a risk I can't afford to take.

From the most recent response from the SOS it looks pretty good. They at least acknowledge the MB is not a motor vehicle and therefore should be allowed. I am going to attempt to find one or two local officers to give me their perspective on how the city of Peoria views motorbikes. I have yet to even see a motorbike on the street here, but they must be around.

At this point I'm actually encouraged. I really want to build a small (35cc) 4 stroke rather than electric for range, wetter weather and reliability.

I like the look of this from Staton. Motorized Bicycles Detail Page

It looks less motorized to me than an in-frame mount with a gas tank on the top tube. I think if I paint the yellow top and white gas tank black it should be somewhat less attention getting. I will also hang saddlebags on the back. What do you think? Is anyone familiar with this type of drive?

Getting closer, looking forward to any more updates.

 

[eldo]

Told youd piss them off. You dont need a license to drive a snowmobile unless you drive it on a marked highway trail because your on a highway. Of course if you have a DUI you cant have a license so you cant drive on the Hwy. Nowhere in the Il laws does it say if you had a dui or license revoked for dui that you cant drive anything that someone who didnt have one can. I know the laws If I screw up I go back to prison.

 

[Happy Jack]

eldo: I think you make the most sense! At least you seem to have learned a hard lesson. You speak from experience. Wisdom has a high price. Redemption only comes to a few who finally learn.

 

[Catfisher]

Nowhere in the Il laws does it say if you had a dui or license revoked for dui that you cant drive anything that someone who didnt have one can.

Sorry eldo, but I have no idea what this sentence is saying.

I quit drinking back in October after my ticket. I'm not smoking, toking, ingesting or drinking any intoxicating substances. I would expect to be arrested on a bicycle (possibly for public drunkeness as a friend was walking home from a bar), and especially on a MB if I were weaving around or exhibiting intoxicated behavior. I won't be - period.

Because of the judge's threat to jail me for any screw-up, I don't want the over-zealous officer to stop me because he doesn't know or agree that the motorized bicycle is considered by the SOS to not be a motor vehicle.

It's very encouraging that the intent of the SOS is to classify it "just a bicycle", i.e. - not a moter vehicle. But then even they backtrack and say leave it up to the police, or maybe up to the courts. I was hoping that a firm stance from the SOS would guide the court and the police.

All in all, I'm grateful Nougat for your efforts. I'll send the pm. I will still ask at least 2 local policemen what the local attitude/position seems to be.

I'm still gonna build something, I hope I get a neutral or positive attitude from the local police, then I will go 4 stroke.

I don't want to ask the State's Attorney because even if ignorance is not a defense, I want to be able to show the newly written law and the statement from the SOS that it is not a MB. I hope that will keep an officer from ticketing me, I will definately be sober and not going over 20 mph.

 

[eldo]

Catfisher Sorry if I came off a little strong its just because Ive been there trying to save you the worry. Your doing the wright thing if your ridding carry that piece of paper with you it says it all a cop can give you a ticket if he wants to be an ass but it will never stick. As Isaid I have 3 good friends that are cops in Illinois all different places They all say the same thing they all know my situation. I got stopped here in Wooddale by a cop who knows me and what my deal is He said every thing was fine just told me to be careful when I ride on the street and follow all the rules just as if I were driving a car shook my hand said have a nice day I did. Dont know what elese to say. There are 4 cops from 4 different towns who say its ok. If your still worried build electric with the new battries and a 750 watt motor ( perfectly legal) you can probably get about 40miles n a charge. I have a 36volt with a 450 motor and the old lead battries does about 14mph but only gets about 20miles on a charge New ones will probably do about 20mph. hope I was helpful this time and not a pain in the butt. Larry

 

[Happy Jack]

Catfisher ............ Ahhhh! I see now! Congratulations on officially becoming a bonafide and certified offender.

 

[Bikeguy Joe]

i too am on a revoked for a dui here in Illinois and every time the cops stop me i make aware that i am on a revoked and thats the reason i build my 'low speed gas bicycle" then i show them the law i have printed out off the law enforcement update. they always let me go. the only thing i would worry about is driving a MB while drunk, its like your already got a bulls eye painted on you for the cops to mess with.

Yeah, and if you ride while drunk you are an idiot, and deserve the very best pain you can inflict upon your self.

 

[Bikeguy Joe]

I was almost killed by a drunk ass piece of **** while minding my own business.

If I ever get hit by a drunk again and can get out of the car I will be taken it for manslaughter.

 

[eldo]

and I thought I gave them a hard time

 

[Bikeguy Joe]

. . . . . . . .

 

[Catfisher]

I spoke today with a city of Peoria veteran policeman who was unfortunately thick-headed, emphatically dogmatic and totally unwilling to listen or discuss motor assisted bikes. I apprached him politlely and said, "May I ask you a question, Sir?" He said yes. I explained that the IL legislature passed a revision of the Illinois motor assisted bicycle law effective Jan 1 of this year in which a person over 16 could not only operate an electric motor assisted bicycle under 1 hp, but also now a gas powered motor assisted bicycle as long as it was under 1 hp. I didn't go into the 20 mph, 170 lb details because he was looking very impatient. Then I said the legislature has also removed the requirement for the operator to have a driver's license. I was about to add that the legislature specifically stated that the motor assisted bicycle is not considered a motor vehicle. Before I could say that he cut me off and said "No they didn't. You have to have a driver's license to operate any kind of motor vehicle. I don't care if you are riding a lawn mower, you have to have a license." I tried to respond with somewhat restating that the state just this year removed the requirement for the license, and again was going to tell him how it isn't considered a motor vehicle; but I couldn't finish the sentence. He simply cut me off rudely and said " The state never said that, you have to have a license." He then got up from his desk in the station and walked away.

Notice this was not a conversation regarding a DUI driver (me) who cannot have a license. This was anybody over 16 in the state. That is the mentality and ignorance we face here in Central IL. If I ever do get an engine on the bike, gas or electric, I will have full printouts of the legislation and more importantly, the full State Police guide to 2010 law changes for State police officers with me. Even then I may be ticketed.

 

["the prussian" Shop Dogs]

The debate rages on ! To quote my lawyer "bicycle device" is not a motor vec. Period. That said as worded the curently law in IL you can NOT get a DUI on an mb. However he added that cops can aresset you for pretty much whatever they want and if the judge agrees with there version of events then a judge can sentence you to whatever the **** he wants! This goes way deeper then mb and DUI . I know several people who have DUI on bicycle, none of them had a real lawyer when they went to court so they got railed. The one clear portion of the new law is the no IL dl. Section. They means you never had to have a dl. You just turn sixteen and your good to go ,license or not.
So the law is the law for all of us ,but that means nothing when you live in a state with this kind of police power. In IL all laws are subject to the advance of presadance,witch means Some of us have to get pulled over and fight for are rights in court. If alcohol is involved YOU will lose! This is there cash cow and there never gona let it go.
So build your bike and ride according to the bike rules if your not drinking on your ride and carry the new laws you'll be fine. Just stay interested in our rights ,they will try and change them to suit there need to make money.
One other thing I found interesting during are talk was , there are b.a.c. Limits set by law in IL. They are very spefic as to say how much you can drink when your ,watching a child ,out in public spaces riding a lawnmower and many more. But nothing yet spefic to an mb or strangely bicycle?

 

["the prussian" Shop Dogs]

P.s. I Hate apple auto spell, anyone know how to turn this OFF.

 

[eldo]

I dont know IU need to know how to sp$%^ first.

 

[revinger]

RE: The "infamous" 170 lbs rider. Looked no further than flying and the FAA. Most things flying 'presume' a 170 pound pilot/passenger for planning purposes. For my height I should be 170 but have this nagging 25 pounds of extra that I have not been able to shed for the last 15 years

I found it amusing that land loving bureaucrats would be using the 170 pound weight myself.

bob in Marshall

I guess the really weird part of the legaslation in my mind is (625 ills 5/1-140.15) the infamous 170 lbs rider clause? Why set a h.p. Limit then in the next sentence , create an impossible s...

 

[outlawbiker]

just to throw my 2 cents on top of this..... just cause you have lost your license for whatever traffic offense is not going to stop you from riding your MB here in Illinois. the law is printed out as such as it 'removes the definition motor vehicle' and 'removes the requirement for a drivers license'. right there in itself should tell you that you are in the clear. HOWEVER..... if your committing another offense while riding like a misdemeanor or felony (HA! felony? what are you doing to make that happen on your bike? fleeing and eluding? hit and run?) then your in trouble,but not cause your on a MB but because your breaking the law regardless of the bike itself.

one thing you have to realize about this law is,city ordinance overrides county and state law to an extent. if your town has a specific ordinance on MB's and the cop who pulled you over is aware of that then its going to be ticket time. we are all gambling on this every time me and my crew go out to ride, but its not going to stop us. the problem here is trying to find out which towns around us have an ordinance against them without bringing that to the attention of all the robocops of that township. cause once the genie is let out of the bottle and the wrong cop hears about it,you better believe he will be waiting for us to come down the road with a ton of tickets and a rubber stamp.

I of all people here know what happens if your caught driving without a drivers license in Illinois,you 99 percent of the time end up in county jail quick. but that would be the far end of extreme over this issue. if they are going to try and stick you they are gonna impound the bike and write you a ton of tickets and a court date. ive been in and out of every county jail here in northern Illinois and almost half of the prisons here as well, ive stood on charges in front of a judge that clown couldn't joke his way out of.but this MB law is well worth the fight in court if it goes there,there is no way in **** you need to worry about what the cop says or does,let him do his job and see them in court your gonna win and if you play your cards right can file a civil suit on them.

 

[eldo]

Outlaw couldnt have said it any better myself. I have also been there county & State prison. Follow the rules and you got no problem. Larry

 

[elbucho]

I was wondering if we could post areas that we know have been approved for MB? I live in Carol Stream and got it straight from the Chief of Police that I'm good to go