Illinois

ok i just wrote to the secratary of state and i will post on there reply.







Sir,
I am righting to inquire about the new law consurning what was previously considered a moped. ie low speed gas bicycles.

As i read the new law a motor of 1 hp or less on a bicycle frame with working peddles, a 170 lb man and a top speed of 20 mph soley powered by the motor. this would be a bicycle not a motor vehicle?
if the said bicycle could attain a speed of more than 20 mph while the motor is running but with the bicycler providing assistance by peddling would this lead to a speeding ticket or declasafey this bicycle as a bike and once agian make it a motor vehicle?
my consurn is that a 50cc motor bike will not even start without peddling.

PLease clarifey for me the soley on motor power maxxium 20 mph speed and weather traveling faster than 20 mph with a peddling start would lead to a speeding ticket?

Also is there anyplace to test and register a bicycle to verifey that it is a low speed bicycle?
 
well i am a little worried about bringing in a higher athorety on this for you se i dont have good lok with them. i thought i recieved a little justice when tha state attorney dismissed it only to have that smashed in my face so i am not sure yet if i really want to involve a higher branch.GOOD GOD MAN what if they took my birthday away over a *&^&ing bike.





anyone know who or what that caused the law change? I mean what senator or councilman that introduced it. I would be intrsted in this.
 
chas said:
well i am a little worried about bringing in a higher athorety on this for you se i dont have good lok with them. i thought i recieved a little justice when tha state attorney dismissed it only to have that smashed in my face so i am not sure yet if i really want to involve a higher branch.GOOD GOD MAN what if they took my birthday away over a *&^&ing bike.





anyone know who or what that caused the law change? I mean what senator or councilman that introduced it. I would be intrsted in this.
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even if the law some how magically changed, it would not go into effect until the first of next year,so your still safe on the books for the law of this year!!!!

a attorney that you will hire does not work for the state, and by LAW you have the RIGHT to have an attorney represent you. by his or her presence in court isn't going to make you look bad at all, the attorney or lawyer is there to represent you and defend you beyond what you can ever do your self.

face the facts, your going to need help and legal representation if your gonna get thru this thing on your 2 feet. no congressman,legislator or federal judge is going to step in here to save you. this is YOU versus the state of Illinois and the state is represented by the states attorney and all the glory and power of the evil and corrupted system that is Illinois. they are going to try and rape you one way or another. you need to be represented by your own attorney or lawyer. if you want to gamble on that because you dont understand how the law works and try to do this all by yourself,then good luck and godspeed. but im telling you its going to be ultimately a bad decision to go in alone on this if they are dredging this all back up on you. if they went thru all the efforts to reinstate the pending charges that means they got a loop hole to screw with you on. the only way to defend your self properly from the full frontal attack they will use on you is by getting a lawyer,and not just the first one your finger lands on in the phone book, talk to many as you can and explain to them all the details,then pick the one that is the most knowledgeable on certain subjects involving this.

the system in Illinois doesn't make money off loosing cases, they make it by sticking it to you by money in fines,by conviction ratings or by your warm body in a prison cell. either way, they are not going to let this go unless your well prepared to battle with them.

lets look at what you got to save you some stress... no drivers license/revoked/suspended = ok, you dont need one for the bike as stated by the law. no registration,no plates = its not a motorcycle or moped by law therefore its treated as a bicycle. speeding, well, where you? did he get it on radar, cause thats the only thing it seems like to me you should be worried about. if hes got you clocked on radar and has proof,guess what,you get a speeding ticket!

the law states this 170 lbs rider @ 20 mph bull crap, but this in a legal court can be held to loose interruption. basically it comes down to who is going to take a stab at it to play it in their favor. what you need to be reminded about here is that it was written this way in not the clearest of meanings so most self respecting people in court room will try and avoid this cause of the technicality for which it has been written. and as far as the 1 horsepower deal, just tell em it said that it was less than 1 hp. what are they gonna do, take your bike over to a shop with a dyno tester to find out???? dont worry so much....

remember, it is NOT a "motorized bicycle" , moped,motorcycle ect ect!!! it has pedals and meets what the law says. it is a 'low speed bicycle' and will be treated as such. make sure you say 'low speed bicycle" or the court and cops will think you built it under other intentions. it doesn't mater if you were pedaling or any of that, as long as you can pedal it you'll be fine.
 
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ya im gonna talk to some lawyers monday and that week. im also going up to the circuit court house and filling an apeal to the city hearing that i just had.
My consurn is weather i should write to the secratary of state and inform them of my proceding court situation?
 
does anyone know if THEY are going to have to prove that this bicycle will acheave 21mph with 170 lb man soley by motor, or if they will only have to prove that i was traveling faster than 20 mph, when this is in court?


becouse i know that a cop saying that he tailed me and his speedomiter registered 30 with be proof to say i was traveling faster.




oh yes i know that this will be a fight and in court i wouldnt win by my self. I have 15 years in prison that taught me that.

Im just trying to figure out if i could win this with a lawyer before i have to hire one.


my issue is if they have to prove that the bike is a motor vehicle i have a chance if they only have to prove that i was driving faster than the law allows a low speed bike to opperate then im screwed.
 
Yes it was documented that he said 30 before court. my issue will be the 170 lbs.
Also i cant have the bike tested at any shop cuz it is still in the impound and i will not be able to get it. There is a hold on it until i pay a fine of 250 for operating an unauthorized vehicle in Decatur. which i cant do cuz that would be an admission of sort of guilt. Furthermore prairie land towing who is holding it will not release any vehicle without showing proof of ownership and the only proof of ownership for a vehicle to them is a tittle with a registered Vin by the state. Because my bike is not a motor vehicle the state wont register it. further more when i tried to inquire about getting tittles for motorcycles that don't have current tittles i was told that you cant. I found this out on a dirt bike that the cops took from me a couple of years ago and prairie land towing still has that even though i plead guilty and pain my fines. They want a tittle to show ownership.




Anyway i will be emailing this letter along with all poster documents to multiple lawyers around town and keep you up to date.













Sir,
I am writing you in hopes that you feel that i have a case that can be won and that you would like to be the one to win it.




I will provide you with as much info about the incident as i can.









I have a bicycle that i built out of a couple of parts from different 10 speed bikes, so as to make it look like a chopper bike. I then purchased a 49cc 2 cycle engine (less than 1 hp)bike kit off the Internet.My entire intent was to build a bike that i could ride without a license.Mine has been revoked.
which is why i bought less than 50 cc to keep it from being a moped.
On 7/17/10 i was ridding my bike south bound on Vandyke between grand and eldo. my bike was under full power by the time i was half way to eldo when i noticed a police officer sitting on the east side of van dyke with the front of his car pointing north. He was parked in the storage parking lot.
Of course i was nervous having dealt with police before over issues in my past.
Before reaching eldo i slowed and used my left hand to signal that i was going to turn left .Then i stopped at the red light. I was still unaware that there was a cop right behind me. I latter found out that he pulled out behind me and was tailing me to get my speed. He said that he saw and heard that the motor was running and that i was not peddling, He also said that his speedometer reading was 30-35 mph.
I turned left onto eldo as i took off i was peddling the bike and slowly releasing the clutch wile giving the engine gas by twisting the throttle on the left handle bar.If i do not peddle this bike on take off it will die. The engine does not have enough power to move this bike without assistance.The clutch also has to be released slowly, even wile peddling to keep the engine from dieing.This makes it impossible for this bike to start moving by engine power alone without dieing.
I continued east on eldo and prepared to turn right on Monroe. I am still unaware that there is a police officer tailing me. the light was green so as i approached Monroe I signaled that i would be turning right.
I stuck my left arm out at a 90 degree angle to the left with my elbow bent up ward and my hand open to signal my right turn. I turned south on Monroe and immediately signaled to turn right in the alley at my girlfriends home.
I turned the bike into the alley and stopped it at the steps leading to the front door.
As i got off the bike and turned around i say a cop car in front of the alley stopped.
He proceeded to right the tickets of which i will send to you with this letter. The i tried to explain that i built the bike with the new law in mind and to my understanding, but he didn't listen.
my bike was towed to prairie land towing.
the cop told me that if i didn't believe that it should have been towed i would have to file for a hearing with his shift commander which i did.
When i got to the police station to file the paper i spoke with a Sgt. there and with the new law in hand tried to explain my point to no avail. He like the other officer didn't want to here me.
i was sent a hearing date to appear at the civic center for unauthorized motor vehicle city laws.
There was a hearing and they continued it so the officer could show up and testify.
i they went to the states attorney traffic on 8-11-10 at 3:00pm and spoke to mike baggett. I explained what happened and showed him the laws that were passed on 1-1-10.I also had a copy of the police report from my hearing with the city. He read everything brought his law books out and finally concurred with me and dismissed all of the tickets he also noted on the dismissal; paper that the tickets did not apply and that his dismissing was based on what he read from the police report " see police report".
I went home with a feeling of vindication. I called prairie land towing to arrange for pick up of my bike and was told by them that there was a police hold on it and that i would have to speak to the police.
Friday morning a went to the police station with the dismissal paper and spoke to an officer after waiting 3 hours.
He said that he had to speak with his boss and left. Upon his arrival he said that they had to talk to the states attorney and would call me Monday.
No call.
On 8-20-10 I went to my city hearing and the state attorney was there and testified that he changed his mind and was now under the understanding that this was a motor vehicle and not a low speed gas bicycle. He testified that after he spoke to a police officer who contacted him about this matter and read a new follow up report by the police that he changed his mind.
After his testimony and guilty verdict he the states attorney handed me a paper folded up. As i walked down the hall i opened it and read it. It has a motion to reinstate the charges.
I went back and motioned to him for 1 minute with my pointing finger up to the sky. (not the finger i should have used). And he shook his head no so i turned and left.
I plain to appeal the city hearing verdict the civic center Monday or Tuesday.



I was happy to just have vindication and my bike back. Even though i had a few people tell me to file a law suit but i had no intention of this I just wanted my bike back. Now however I do not feel that this was just a misunderstanding of the law by the 1 or 2 police men but it is an intentional disregard for my legal right by law. This states attorney new i was legal then on the morning of my hearing he disregards my rights for the police judgement of right, and files papers to reinstate the charges on the morning of 8-20-10 the day of the city hearing.
I am vary interested in a civil suit after the the new court dates that at time i haven't received.
If you are at all interested in this matter and would like to represent me Please respond with a quote on doth cases civil and legal and include and opinion that you have on the validity of my claim and what my next step should be.










Sincerely,

Chas Burns
419 n. Monroe
Decatur, ill 62522
217-422-5949
[email protected]
 
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I know you don't want another kit but they might be able to help you prove your bike is a low speed bicycle. Scince the police officer said you were going 30 mph you fall under the HB1181 law that was passed the same time as the low speed bicycle law. Thats the law they will probably use against you.
summery of they law more or less if you go over 20mph you are classified as a moped which is a motor vehicle. you might not want to get the secretary of state involed because the rules of the road book states under bicycles that low speed bicycles may only be driven on streets where the posted speed limit does not exceed 20 miles per hour.
 
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Westend Bikes said:
I know you don't want another kit but they might be able to help you prove your bike is a low speed bicycle. Scince the police officer said you were going 30 mph you fall under the HB1181 law that was passed the same time as the low speed bicycle law. Thats the law they will probably use against you.
summery of they law more or less if you go over 20mph you are classified as a moped which is a motor vehicle. you might not want to get the secretary of state involed because the rules of the road book states under bicycles that low speed bicycles may only be driven on streets where the posted speed limit does not exceed 20 miles per hour.
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Westend Bikes --- Could you please post more specific references to the 20 mph posted speed limit you found. I have searched 2 versions, both current, of the IL Rules of the Road and the IL Bicycle Rules of the Road and I'm missing it.


Here is the entire Section from the IL Rules of the Road on Bicyclists:

"On most roadways, bicyclists have the same rights and responsibilities as other
roadway users. Bicyclists are prohibited on limited-access highways, expressways
and certain other marked roadways. Following are laws and safety tips you
should know:
• Bicyclists are required to travel in the same direction as vehicles.
• Bicyclists should travel just to the right of faster moving traffic. However, certain
hazards, such as rough surfaces, debris, drainage grates or a narrow traffic
lane, may require bike riders to move toward the center of the lane.
• Drivers must yield the right-of-way to a bicyclist just as they would to another
vehicle.
• When passing a bicyclist do so slowly and leave at least 3 ft. of passing space.
• A motorist should not park or drive in marked bike lanes.
• When following bicyclists, give them plenty of room and be prepared to stop
quickly. Use extra caution during rainy and icy weather. At night do not use
high beams when you see an oncoming bicycle rider.
• After parking and before opening vehicle doors, a motorist should first check
for bicyclists.
• When a motorist is turning left and there is a bicyclist entering the intersection
from the opposite direction, the driver should wait for the bicyclist to pass
before making the turn. Also, if a motorist is sharing the left turn lane with a
bicyclist, stay behind them until they have safely completed their turn.
• If a motorist is turning right and a bicyclist is approaching on the right, let the
bicyclist go through the intersection first before making a right turn.
Remember to always signal your turns.
For more information, a Bicycle Rules of the Road booklet is available at your
local Driver Services facility or at The Official Web site for Illinois Secretary of State Jesse White.


Although we know it does not apply, this is the short Section on Mopeds:

Motorized pedalcycles, often called mopeds, are low-speed, two-wheeled vehicles.
They can be pedaled like a bicycle or driven like a motorcycle. Mopeds are
intended for limited use on public roadways. Following are some of the laws and
responsibilities of moped drivers:
• Must have a valid driver's license.
• Must obey all signs, signals and traffic laws and most bicycle laws.
• A moped may not go over 30 mph.
• Moped drivers may carry a passenger only when the moped is made for two
people. Equipment must include a passenger seat and a passenger footrest.
• If a moped is driven at night, it must have a headlight visible from at least 500
ft. A moped also must have a red reflector on the rear visible from at least 100
to 600 ft.


In the online IL Sec. of State's Bicycle Rules of the Road I don't see any reference to motor-assisted bicycles.

It's important to all of us if there is some sort of law or rule that limits motor-assisted bicycles to streets posted 20 mph or less. Other than a school zone(joke), I don't know of any speed limits here under 25 mph; and those are rare.

So please, help me see what you saw,

Thanks

.flg.
 
go to the secretary of state website, click on rules of the road then chapter 5; sharing the road click on bicycles and thats where you'll find it. it'll be in the low speed bicycle section. I'll have to do some checking again as to where i saw it but all roads have a minimum speed of 30mph unless other wise posted, alley ways are 15mph speed limit. Thats what the police have been useing to keep the drunks and the other troublemakers off the road.
 
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(b) A person may not operate a low-speed electric bicycle
or low-speed gas bicycle at a speed greater than 20 miles per
hour upon any highway, street, or roadway.




this does not say that a low pped cant go faster then 20 it simply says the it cant be drivven that fast.

cars cant be driven faster than 65 but if you do there still cars not rocket cars.
 
• A moped may not go over 30 mph.


but it can. so justt becouse you drive it over 30 dont mean this law saw it aint a moped anymore, you are just speeding on your moped
 
Thanks guys, I missed that missprint, it stopped just before that where I was re-reading.

Chas ---

The intent of the IL Law is to separate the DESIGN of the MACHINE from the OPERATOR of the MACHINE. The law is worded poorly because it is a re-wording of the Federal Statute. But it is clear that the intent of our lawmakers was to legalize motor assisted bicycles that CANNOT go faster that 20 mph on a level surface with a 170 lb. rider.

Let's face the truth. Under strict definition of the law as intended by the legislature, none of the 66cc, or really anything over about 32cc (some would say 25cc) really qualify as a motor assisted bicycle.

Most guys in Illinois riding an average HT bike know that their bike is way over-powered for the strict intent of the law, as it is currently written. We all want to skate the edge and skirt the issue of the under 1 HP requirement.

I think in the long run the use of engines that are truly way over 1 HP will be the death of motor assisted bicycles in Illinois. Instead of expanding the law to include, say up to 66 cc or 2 - 2 1/2 HP as we would like to see; the public will be given a perception of a group of irresponsibe riders going over 30 mph. Maybe the electric will survive, but there aren't enough true 1 HP gas powered bikes being ridden under 20 mph.

We all know the old saying, "A few bad apples spoils the whole barrel."

The actual day to day riding for many Happytimers exceeds the intent of the law. Of course, the bikes are that much fun. But I fear in a year or two it will come back to bite us bigtime.


.flg.
 
I live in Kankakee county Il. and the local paper just posted an artical about off road vehicles not being allowed on public highways, including golf carts, off road motorcycles, neighborhood vehicles, 2 wheeled motorized cycles, and childrens battery cars, they did not specify 2 wheeled motorized cycles. I take the china girl to work every day about 10 miles round trip. Have seen a few cops early in the morning, but they have not bothered me yet. But now if they read the local artical they will probally be suspicious. So I printed out pages 17 and 18 of the new Illinois laws, hope it works.
 
it wont if the cop is a . it does look like i will now ite the bullet on this. After giving it thought i now feel in the end i will actuall be doing county time agian. this time over a bike.
 
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If it was me i would fight it. I would have a jury trial. I think you could find jurors on your side. The officer wasn't consistant in his report, one minute your riding a motorized bike the next your riding a moped. The officer said in the opening that he observed you on a motorized bicycle which has to follow the same laws as a bicycle. your not required to wear glasses on a bike,or anything else he saw. As for the 30mph if he didn't use a radar gun, who says he didn't speed his car up to get the 30mph. I'm no lawyer but if i was on a jury there would be enough reasonable doubt for me not to convict.
this is just what i would do.
 
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Just as a reminder....in most states if you have a jury trial and lose, you are then liable for the court costs including the jurys' pay, ect. ect. it's way more than just the fines alone would be.
 
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