Oregon Judge: Not pedaling? Not a bicycle.

[biknut]

I think this might be what he was riding, a EW-600

http://www.ewheelsdealers.com/index...com_virtuemart&Itemid=103&vmcchk=1&Itemid=103

The all electric moped is classified as an “electric bicycle”
SPEED: Up to 23MPH

It does have peddles, but I can understand why the law dog might not consider it to be a bicycle.

My guess is this guy will probably win the appeal. Personally I'd be very confident of winning. The judges whole ruling depends on this "thing" not being a motor bicycle, only because the manufacture says it goes 23 mph. Just looking at that pile of crap I'm pretty sure it won't do 20 mph lol, and apparently nobody said he did. I would demand that the judge, or anyone the court wants to appoint put their theory to the test. If they can't get it over 20 mph, then it's a motor bicycle like the guy said in the first place. The judge was just trying to find a way to claim it's not legally a eBike.

Then this guy, who probably lives in a trailer park, will sue the judge and the city for harassment, and get retirement and free beer for the rest of his life.

 

[Kiwegapawa]

In my opinion, the Judge is "USING" the law to prohibit the use. Just because the manufacture states 23 mph, does not mean that is what their product will actually do that speed. The manufacture will always embelish any point to make the sale.

In any point of the Judicial system. It is best to go in knowing, as Thurgood Marshall puts it, "Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process." It is the point where the Judge is acting on his own personal beliefs of how things should be. Not acting within the stated law that legislators have created. He has an agenda that he knows, there will not be much opposition to, due to his position . As you can tell this through the super fine line he walked in that of MPH being so close. Without use of common sense of the manufactures embelishment. This is the problem we have all across our great country just now. Where the laws are established, in even this of uses that here, we keep alive and have been going on since the late 1800's. Were these types see themselves as the law. Not the purveyors of the law. This in example of established second ammendment. Where we spend millions of dollars in courts across the country through our tax dollars plus contributed funds to defend our already established right's. Against those who want us subservient to them. Yet they continue burn up our money on points long since established.

To put this even more plainly, Their are those that wish us to be in a feudal system. Where they are our Masters, or as called during that day, Lord. This no different than that of the Cattle Barrens, Railroad Tycoons, or best seen as what was done to Native America. It's a sick ego that perpatrates it. But it is indeed something that has been sticking it to us since before we left the cave. Most that go for these type jobs and / or positions, is because they want to reel that power over other people. Now your starting to see the climb of most on a political ladder. So few are there because they are well suited to the position and wanting to be there for their community. Good Cops I've known in my life time, I can count on fingers within both hands. Good Judges in my life time I can count on fingers within one hand. I've seen this through having literally and physically lived on every end of this country. From California, to Texas, to Florida, Jersey to Maine, and currently living back in my home state of New York. Place were I knew the most good cops (still within those same ten fingers), Texas. And they were Rangers.

To gain a super fine focus. The reason we as a people see this kind of thing getting worse and worse. Is as simple to understand as Edmund Burke puts it, "The only thing necessary for the triumph of evil is for good men to do nothing." It is complacency in each of us of our individual lives, that allows it to go on. If we sit and read about it, and allow it to pass without raising a finger in effort of opposition? It will just swirl around and come back worse than worse the next time to see it. It isn't rocket science to understand, it is simplistics of social behaviors we've been seeing all around us for a long time.

We definitely need to organize and gain representation. Without it, we are left to whims of those who wish to use us as a step in their poltical climb, a personal agenda against one of us or just their political statement!

 

[SANGESF]

In my opinion, the Judge is "USING" the law to prohibit the use. Just because the manufacture states 23 mph, does not mean that is what their product will actually do that speed. The manufacture will always embelish any point to make the sale.

Every state has different laws and if you want to live there, just follow the laws (or have then changed).. Otherwise, move to a state that has the laws YOU like..

On the opposite side of the coin...
How many electric bicycle companies "claim" their product only does up to 20 mph to remain an "ebike", just to make the sale too... Just sayin'..
(And let's face facts, (At least in terms of ebikes)... A good majority of them are really just electric scooters with pedals.. LOL
A few of them, you wouldn't want to pedal as it would only net you about 5 mph and would require the ability of Lance Armstrong to operate "manually"...)

And then you have the companies that actually DO something about it..
Case and point..
Currie had to change the controllers on their ebikes (to limit the speed) a while back because people were changing the batteries from the normal 24v (giving the bike a top speed of 18mph) to 36v (Now the bike was able to do 23mph)...

 

[Kiwegapawa]

Laws are created by the people for the people. If you had not noticed over the course of time, many laws were created by someone with their hands in the till. Say like the one where a man started a car manufacturer. Though short lived due to the large three in Detroit, the Tucker was a better built car for the money. It was safer, got better gas milage and had the people in mind of it's design. But politics, down and dirty wiped it out.

Or into the more personal of which use to occure. Where through the adoption of the Magna Carter drafted into our body of laws long ago. A husband was made legal law giver over his household. Where in, if he decided to give corpal punishment of his wife or children or both. Legally he could kill them! This law was finally changed by the 1800's. Yet the first case to be used in a court of law under that changed law, was not to happen till 1972. I know this, as a local tyrant living of the Hudson River here was the last to kill his wife and outrage the locals so! That it bolsterd them to get that very law changed. This man, the last to charge a toll to pass his section of the Hudson River north bound or south bound, at the point of the Town of Northumberland. No bridge, no canal, Just an Ice house extending out over the greater portion of the river, is where he ruled from.

There are so many places within our system of justice that are not acted on, or out rightly should be changed, it isn't funny. To those places where what protects all our consitutional rights held in stead fast homage, which is continually beat upon by those that wish for the United States to become a feudalisum. You and I pay the salaries that are wasting our money to beat on that which is our consitutional right. This being backed monitarily by Sorro, who is not even a citizen of the United States. They have already done much to disrupt our News services. Through what is now USA Today who has bought out most all local News Papers across the US. Where now when a topic gets hot towards Government Abuses. It is hushed up and they refuse to print the facts. Have you wondered why the switch form Analog to Digital, in which the Digital Tv did not quite get to everyone? What, 10% that actual recieve Digital Tv? Let alone that of our Second Ammendment that protects that first Ammendment. Let alone that of our 14th Ammendment in the point of travel!

Congress Will Auction Public Airwaves to Pay for Benefits
By EDWARD WYATT and JENNIFER STEINHAUER
The need to finance economic relief has pushed Congress to embrace a shift in the media landscape: the sale of airwaves now used for television to create more wireless Internet systems.

While I could literally fill these pages the size of this very forum, quoting case and point showing you of what has become obvious of Corruption pitted against us the Citizens of the US, abeit the world, between Corporations and the Government. I will leave you with this one quote and give you that to ponder. "Any society that would give up a little liberty to gain a little security, will deserve neither and lose both." - Benjamin Franklin ~ 2nd thought to ponder ~ "Democracy is two wolves and a lamb voting what's for Lunch! Liberty is a well armed lamb disputing the vote!" - Ben Franklin.

Want to see how far it can go and how quick they'll start to even more so squeeze your pocketbook. They've already been at it. The depth of that rabbit hole, it has dimensions within, you've hardly even realized! Instead of addressing what has created our economy, liken to that, where the mortgage company who collected 52% of Obama's Bail Out of the AIG in two sets of 6 trillion dollars. Who never actually owned a single piece of land, let alone sold one. This which it's head quarters is listed as being in Washington DC itself. You blinked, and look what Fugi93 found while that spilt second literally occured. A single politician wanting to register and license un-motorized bicycles. It's time to show these legislative bodies who is working for who, and who pays whos salary! This is indeed all the same ball of wax. as they continual make promises, yet you see, they are cutting deeper into pockets putting out false images of why it's happening. Instead of addressing those that created this, and believe me, it ain't Uncle Joe and Aunt Nancy down on the farm. There in killing more businesses to dictate what the path is you should follow. People that refuse to look behind the curtain will be baffled and bewildered of the great and powerful Oz!

Fugi93
Re: Illegal in ny.=====sucks
--------------------------------------------------------------------------------
In New York you are lucky just to ride a bicycle without a motor. Story from 1 year ago:

http://www.wkbw.com/news/video/LICEN...117204918.html

It is time for us to become pro-active, the laws are unjust under the standards already set before the recent changes. Best to address it at both the State and Federal level.

 

[biknut]

There's strength in numbers. We should join local ABATE chapters, and motorcycle rights organizations. These types of groups have been very successful in getting fair legislation passed. in Texas we've successfully repealed adult helmet laws twice.

Another option might be to start lobbying the AMA to recognize motor bicycles as a faction.

 

[Kiwegapawa]

Not saying Abate should be pushed away. Chance may very well be slim that they will even help. Any and all help should indeed be excepted. What I'm saying, is we need to be organised within who we are. How else can we communicate as a whole? If I take off in one direction, you in another. What do we hope to accomplish acting as individuals. The most likely outcome of that is burnout of taking on more than any one person can hope to accomplish. In the shared effort across the country the effort would be immediately recognized. There in, points like Abate you speak of would be more likely to give recognition, let alone help. As within anything, changes start from within.

 

[FinLotek]

i am a MotorBiker and an Oregon resident with a suspended license (my suspension is for failure to pay child support and failure to pay fines on DWS tickets). The laws are not entirely clear around here and it does boil down to the interpretation. I used to ride a "motor assisted scooter" and the law stated that an individual needed to be "licenseable" which, in my opinion, I could fall into that category considering if I paid all the agencies that have petioned the suspensions then DMV has no prblem giving me a license (i've done this several times, each time costing roughly $4000 on average) Now I ride my newly built china girl 66cc motorbike. I know it is only a matter of time before a cop gets a wild hair, or is having a bad day, is just flatout a d**k and wants to f**k with me. Which is what happened one day riding my scooter. A cop saw me riding and i (obeying all traffic laws) rounded a corner stopped my scooter to take a phone call and had the cop roll up on me and eventhough i was on the side of road, scooter off, i was still cited for Driving While Suspended. SO, at that point i decided to order a china girl 66cc kit. might as well, because eventhough i wear a reflective safety vest, certified helmet run proper lights, and obey all traffic laws .. there is still no way to avoid being messed with. And so far the most valuable information i have found here or anywhere else is: Try to have as much accurate information concerning the laws as possible so that when confronted by a police officer you can be respectfully knowledgeable on the matter, and to minimize the encounters always follow all traffic laws, wear a helmet and other safety gear also helps. Dont ride stupid or at obscure or suspicious times. Because IT IS TRUE that in Oregon motorbikes are illegal but only by not being included by what is "defined" rather than by being specifically defined as not legal. therefore- take your chances and have fun and dont ride stupid.

 

[Jumpa]

Many folks do not realize this but .. technically we do not need a drivers license to drive a motorized vehicle in this country . There is this hing called "free travel" written in the constitution that gives people the right to free travel on the roads and byways using the transportation means of their times .

When the whole drivers license thing started up it was intended just for folks who were for hire and intended on using their wheels to make money, & it is still that way just over the years when they were able people just got a drivers lic.

Just go on "you tube" and type in "free travel" Granted the cops may still ticket you and or tow your vehicle because they are ignorant of people rights and the constitutional rights of people. & violate them on a daily basis. However there are some cops that have been through the entire ordeal in court etc, and just tell the driver "have a nice day " not wanting to deal with the headaches of the entire process.

When the cops pull them over and ask for lic.& Reg. the driver says " I'm hereby invoking my right to free travel". & then the games begin. Many of these guys get to just drive away the cops hand them their paper work back and say "Have a Good day"

I find some of the videos very comical. Yet some are very educational . Some show how pissed off some of the cops get. Granted some of the "travelers" you cant say your driving . I guess that's why a cops will say "Do you know how fast you were DRIVING" to establish driving was the violators method and not traveling .... Again some travelers are complete a holes and deserve a good beating . & some raise very good points and are not trying to use loopholes in the system but want to establish that THIS IS THE LAW AS IT IS WRITTEN!!.. I took the time to look it up and the law does exist . It is in there
..You decide

 

[Blakenstein]

Well ' I guess that'ts the way it is sometimes.
They want to see you pedlin that bike but real hard....hard like a man....like a man that's hard...........like a hard man.