Odd Ohio mention of bicycles with motors in the ORC

[JmE]

From the Ohio Revised Code: ORC 4511.051

4511.051 Freeways - prohibited acts.

(A) No person, unless otherwise directed by a police officer, shall:

(1) As a pedestrian, occupy any space within the limits of the right-of-way of a freeway, except: in a rest area; on a facility that is separated from the roadway and shoulders of the freeway and is designed and appropriately marked for pedestrian use; in the performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle; or to obtain assistance;

(2) Occupy any space within the limits of the right-of-way of a freeway, with: an animal-drawn vehicle; a ridden or led animal; herded animals; a pushcart; a bicycle, except on a facility that is separated from the roadway and shoulders of the freeway and is designed and appropriately marked for bicycle use; a bicycle with motor attached; a motor driven cycle with a motor which produces not to exceed five brake horsepower; an agricultural tractor; farm machinery; except in the performance of public works or official duties.

(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

Effective Date: 01-01-2004

As one probably knows, Ohio has a very strict definition of a moped (AKA "motorized bicycle") and even a defined list of approved makes/models. However, I noticed the above strange language in exceptions to the freeway prohibitions.

Surely this is an anomaly, however, it still leaves me wondering. If one were to use a bicycle fitting the definition above in a designated bicycle path near, but not connected to, a freeway, wouldn't that, by strict letter of the law, not be illegal? Is that nullified or in conflict with other bicycle path prohibitions? If so, which wins or are both nullified? What is the purpose of this specific motorized bicycle language?

This is nothing Earth shattering or anything... more a curiosity for others to check out. If this has already been covered, please forgive my ignorance.

 

[camlifter]

the term freeway is ment to be interstate highway, like U.S. 23, can't walk or ride bikes and such on the intersate. most places in ohio you can't walk or ride a bike over an overpass either. i've meet a few ohio guys who had tags on there bikes that said they just went to the dmv and got self built titles for there bikes. it just depends on your local dmv as to how open minded they are.

 

[JmE]

"Freeway" only applies to the part of 23 that you posted about if it meets this definition.

ORC 4511

(YY) “Freeway” means a divided multi-lane highway for through traffic with all crossroads separated in grade and with full control of access.

If it is the normal, run of the mill state route, it's not a freeway. It has to be controlled access like parts of SR 32 in Southern Ohio. I drive the dirt bike on SR 124, SR 50, SR 138, etc (though admittedly, I try to avoid SR 50 because of the high speed traffic). We can't get around anywhere here without going on a state route and I even live on one so legislation preventing us from traveling here *should* get a huge legal fight. Besides, it would keep all the Amish and some Mennonite off of the roads and out of the communities here as their buggies would be illegal. One can walk along these state routes legally as long as one follows the few rules about it in the ORC (facing traffic, yielding to vehicles, etc.) We walk the state routes all the time around here.

I checked U.S. Route 23 - Wikipedia, the free encyclopedia and only part of 23 is freeway.

# After US 23 intersects the northern terminus of Ohio State Route 315 and passes a retail district, it becomes a limited access expressway, bypassing downtown Delaware, before resuming as a freeway with at-grade crossings north of the city.[4]
# At Waldo, US 23 again becomes a freeway. It continues as a freeway throughout most of Marion County, then resumes at-grade crossings with a mix of some freeway-style junctions which are otherwise signalized after the Morral interchange.

AFAIK, most of the state routes in Ohio are not the controlled access type that merit the title "freeway" and encumbered by said prohibitions. At least in Southern Ohio. Off the top of my head I can only think of parts of SR 32 and almost all of SR 35.

The interesting thing about the section posted is the way they approach describing a bicycle with a motor whereas the definition of a "motorized bicycle" is clearly defined and labeled as a "moped" elsewhere. I just found the inconsistency interesting and one of the things that struck me was: If this is newer language than the old "moped" language then it *might* have a sliver of use to motorized bicycle legislative suggestions in the future.

ORC 4501.01

(L) “Motorized bicycle” means any vehicle that either has two tandem wheels or one wheel in the front and two wheels in the rear, that is capable of being pedaled, and that is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface.

One can plate almost anything with 2 but no more than 3 wheels as a motorcycle in Ohio. It can be done at all DMVs if one is patient but we just look for the easier to deal with offices. The 2008 Honda CRF100 dirt bike I ride all over my rural area is plated as a motorcycle. It required a change of body affidavit (no inspection in Ohio for that) and buy tags.

I, and other Ohioans for sure, would like motorized bicycle legislation enacted to make them exempt from the Moped rules and registration. It would be ideal to have them defined as bicycles.

 

[camlifter]

us 23 is an interstate. state routes like 95 and 315 are 2 lane highways and slow moving vehicles like the amish, farm tractors and motorbikes are allowed to use them. interstates don't allow slow moving vehicles or vehicles of less than 5 hp.
ohio treats all motor bikes as mopeds, they need tags lights and everything a moped needs. but if you go the self builder route it doesn't need to be on the official moped list.

 

[JmE]

US 23 is an interstate but not all of it is freeway. Just like US 50 here where most of it doesn't fall under freeway. However, parts of State Route 32 have long sections that do fit the definition of freeway and subject to the restrictions. US or SR doesn't matter in Ohio, only if it falls under the "freeway" definition of the ORC.

I believe we are saying the same things. However, I wanted to clarify that the freeway restrictions only apply on stretches of road that meet the narrow definition in the ORC. I ride these roads all the time at between ~25 MPH to ~35 MPH so I make sure I'm within the law. BTW: Impediment of traffic code states that the capability of the driver and the vehicle shall (IIRC it has the strong "shall") be taken in to account before citation. (Not talking freeway here, talking non-prohibited roadway.)

When one goes the self build route, is one issued a moped tag or a motorcycle tag & title?

 

[JmE]

Also, AFAIK, SMV has a specific meaning in Ohio too... and I don't believe motorized bicycles meet that criteria. One sporting a SMV sign and a plate on a motorized bicycle could be cited. However, I could be wrong.