Oregon laws?? got busted by cops

Smitty24

New Member
Oct 21, 2008
6
0
0
Oregon
anyone know? got pulled over by a motorcycle cop on the way to work today. first of all, she didnt know what I had and had to ask. she said I was going 34 in the bike lane. (I dont think it was that fast but whatever the cops say, flies). anyhow, she said I could only ride in the bike lane if the bike was "human powered" and motor isnt on. she also said the only way to ride it was to get it registered, and the DMV wont register it for various reasons. The best part was that she told me that I "should have researched the law before wasting my time and money building it." nice thing to tell someone. I wonder about all those kids on their gas powered scooters and mini bikes that dont seem to ever get busted, or how come those bikes with the electric engines seem exempt from the same issues. does anyone know where I can find accurate information? thank you for any advice
 

sissonscott

New Member
Jul 8, 2008
14
0
0
Boring, Oregon
Did you actually get a ticket? If so what was the charge listed on the ticket ?
Oregon is a backward state and the laws have not kept up with the times.
I know I have lived here all my life.
 

mabman

New Member
Oct 4, 2008
258
0
0
In the wind
Oregon DMV Fact Sheet for Mini-Motorbikes/Scooters

Given the fact that I think a motor assist bicycle fits in to the Mini Motorbike category as it is capable of human propulsion.

So you were doing about 10 mph over and not sure what your motor size is cc wise but if it is a HT it is illegal in OR. I figure you can get by with a 4 cycle Honda or Subaru Robin down there at best legally and the Robin is a half a cc oversize even. But it doesn't say anything about any type of registration as per:

Mopeds must be titled and registered, but Oregon law specifically exempts motor-assisted scooters, electric assisted bicycles, and personal mobility devices from title and registration requirements.
.
 
Last edited:

Smitty24

New Member
Oct 21, 2008
6
0
0
Oregon
the speed on that road is 45 so I dont think that is the problem. I had been driving down the bike lane and only sped up in order to evade the I-5 onramp and not get hit by anyone. I was going slow and in the bike lane when she got me. told the cop it was a 40cc. Didnt get a ticket, just a warning that it was illegal\ dont drive it again and that I wasted my money.
 

Technocyclist

Motorized Bicycle Senior Technologist
Jul 7, 2008
463
0
0
Asia
I think she likes you... Try getting caught again and ask her out for a date.:D

It just shows you that she had'nt ridden a motorized bicycle before. All my friends who tried my motorized bicycle were quickly addicted.
 

mabman

New Member
Oct 4, 2008
258
0
0
In the wind
While your version of this is fine with me I am just pointing out what is on the books down there. Regardless of what the speed limit is posted on the road you are on 24 mph is the top speed the regs allow. You told her 40cc, next time you had better say 33cc perhaps and print out a copy of the law and carry it with you?

There is plenty of room for motor assisted bikes under the OR statutes the way I see it. You just have to play the game their way. Not such a bad thing because it does not totally exclude motor assist and the technology is there to fit within. Just not using the chinese 2 strokes. Legally. Or going faster than 24 mph. Legally. Otherwise be prepared to go the mo-ped route which means you had better just go and get a mo-ped perhaps and you will still be saving on gas and ripping around. Legally.
 

Smitty24

New Member
Oct 21, 2008
6
0
0
Oregon
its been an exciting week. went on the back roads to school this morning. its about a 25 mile trip one way from my house. 4 state troopers passed me and 2 city cops. no one seemed to care. on the way home, the same motorcycle cop found me and I have a nice citation and date for court now. she explained the law and showed me the book--- the engine size and all that info didnt matter. around here, these things are illegal; period. the electric bikes are only legal if they dont exceed 1000 watts and 20mph. as of now, I dont really feel like spending more money on this thing to try the smaller motor/or electric option. Im a labeled target for the police now and dont feel like constant harrassment, fines, court time, dicking around with the DMV, and having to explain things over and over to the police. I dont have the money for an electric motor. I dont want to give it up, just have to find some other options for now.
 

Smitty24

New Member
Oct 21, 2008
6
0
0
Oregon
alright, here's the sticky: DMV will NOT register these because "the bikes have not undergone safety tests or impact resistance tests" whatever the **** that means. They said these tests can only be done when the "moped" is manufactured and has the stickers and other necessary doculments when it is purchased from a dealer. Under ORS 811.435\814.210, you can only operate a moped in the bike lane if the engine is off and strictly under human power. The police classify these as mopeds in the state of Oregon and are illegal on the road if it is not registered as such. according to our law, scooters are exempt and electric bikes as well-only if they do not exceed the specification. My question is if I put an electric motor on instead and drove down the bike lane why the law would be any different, or if I put a tiny 30cc motor on would the police still regard it as a moped. From what I can find, if its a bike the law is not clear. When the police regard it as a "moped," everything suddenly becomes illegal and in violation of some kind of law.
 

Smitty24

New Member
Oct 21, 2008
6
0
0
Oregon
city of Salem. $80 ticket for riding in bike lane. problem is that the police around here dont view these as scooters or little bikes with little engines; they are mopeds. you cant ride a moped in a bike lane in the state of Oregon. my issue with this is that the only two roads to my work and school are both 45mph and 55 one lane streets. Im not going to ride this thing and leave it up to the morons behind me to yield. why should they? people die around here all the time for riding their bikes on the streets and leaving their good trust in motor vehicles to look out for them. despite whatever I say to the judge, dont think Im going to win this one. major bummer as it is fun but definitely more economical than the car. wonder if I was to put a smaller motor onto a scooter if it would be any different to the cops.
 

sissonscott

New Member
Jul 8, 2008
14
0
0
Boring, Oregon
Looks like us with HT motors are going to have a hard time in Oregon. Portland police can treat these same as they do Pocket Bikes / Go carts, at the officers discretion. Max Fines as follows:

* Operation of an unsafe vehicle is a Class B traffic violation (ORS 815.020), with a fine up to $360.
* Operation of a vehicle that violates equipment rules is a Class C traffic violation (ORS 815.100), with a fine up to $180.

You could conceivably end up with $540.00 in fines per incident.

As stated earlier HT powered bikes cannot be licensed as mopeds in Oregon.
:-||
 

majdan

New Member
Dec 15, 2009
19
0
0
Canby, OR
I have researched the Oregon Vehicle Code (ORS 801-820) and the requirements for registration and title. The displacement cutoff between a motorized scooter and a moped is 35 cc. The displacement cut off between a moped and a motorcycle is 50 cc, so according to the DVM I've just bought a Moped. This means that it needs to be titled, registered, and insured. I have read postings from others in Oregon in your forum that makes me think that I can just fake ignorance, (I guess that this may work in Portland but not in Salem) but knowing the small town that I live in and plan to operate in I know that that will only work once and my bike will be the talk of the town once I start driving it around causing one of the bright young officers on the Canby PD to do the same research that I just did and come to the same conclusion. Oregon DMV requires that the manufacture provide a original letter which states that, specificly, what modifactions need to be accomplished to bring the bike up to code. Their primary concern is emmisions and brakes. I need to submit this letter and a record of all changes that I've made to bring this vehicle up to code to the DMV along with a DMV form 7286. It is my responsibility to bring the vehicle up to code but for some odd reason they want the manufacture, who is located is some other state what needs to be done. To get this titled would you please provide me with an original letter stating the Following:

1) Engine displacement is 48 cc.
2) The engine emissions pass federal EPA emissions standards for on-road motor vehicles
2) The brakes will stop the bike at 20 mph in 25 feet
3) The muffler has an output of less than 89 dBA
4) It is owner's responsibility to bring the vehicle up to Oregon Vehicle Code (ORS 801-820) prior to the operations on public roads. These include, but are not limited to:
a) A head light
b) A Tail light
c) A Brake light
d) Front and rear turn signals
e) Front, read and side reflectors
f) A rear view mirror
g) A horn
5) It is the responsibility of the owner/operator to ensure that the vehicle and equipment installed meets the provisions of ORS 801-820 and is properly titles and registered prior to operating on Oregon public roads.

Being that I bought mine built from a manufacturer I am having him provide me with the letter that states all of the above and truck on down to the Woodburn DMV with my Form 7286 and records of modifactions in hand and see how it goes.
 

sissonscott

New Member
Jul 8, 2008
14
0
0
Boring, Oregon
Well, I wish you success. But I really doubt that you are going to get anywhere with this. ODMV is a joke. I am sell my MB this spring :(

If you want a motorized bike in Oregon you have to go electric. The laws are set up that way and no getting around them. I tried for over a year with no success.
 

mabman

New Member
Oct 4, 2008
258
0
0
In the wind
As I stated before and the law plainly states. 35cc and under with a top speed of 24 mph are allowable in OR and are defined as motor assisted scooters. Unless the bike lanes in your area of the state are prohibited by local ordinance then in fact it is a Class D Traffic Violation to NOT use bike lanes as per: Oregon Statutes - Chapter 814 - Pedestrians; Passengers; Livestock; Motorized Wheelchairs; Vehicles With Fewer Than Four Wheels - Section 814.514 - Failure of operator of motor assisted scooter to use bicycle lane or path; exception; penalty. - Legal

There are kits available that will meet these guidelines that feature the 35cc Honda and Subaru-Robin engines.
 

Nashville Kat

Well-Known Member
Apr 20, 2009
1,497
48
48
Jacksonville, Florida
In 2000 I passed through Oregon, from California up the coast, then to Portland east and back to the midwest. I'm transgendered and Oregon had just joined Colorado at the time in refusing to pass antidiscriminatory laws against gays, lesbians and transgendered, with the same fanfare I might add, that's become so commonplace. I ended up having four encounters with the police in less than 24 hours, and only one of them was for any kind of thing at all (a tailight was not making contact and had gone out).

THEN came 9-11 and i'm now living in my sixth location since- harrassed at every last one. It's unfortunate that a national tragedy has been used to further some of the most hideous things- and legitimize what was in fact never even a norm before.

You have my sympathies, I think your friend was just acting out her issues on you whether she actually knew anything about your bike and the law or not. Wouldn't be the first time.
 

Motor Boys

New Member
Nov 6, 2009
179
0
0
Cambridge
All I would do is pedal it in to court and let a judge decide, explain that 6 other officers were fine with it and you are a struggling student with no other means of transport, explain that it is a 49cc and very good on gas and see, he will not increase your fine and you will then know for sure and when the judge can not find a law that suports one cop's opinion..... you may get off. I know of 4 examples here in Ontario. Free Countries MY A$$. we are all at the mercy of idiots. Good luck!
 

Evan

New Member
Dec 6, 2009
103
0
0
Mount Vernon, WA
Anyone know the specifics on Washington laws for these bikes? I'm building a 66cc and honestly haven't checked it out. I know there are a couple scooting around my area though
Thanks,
Evan
 

majdan

New Member
Dec 15, 2009
19
0
0
Canby, OR
The best thing to do here is to go with a 35 cc Robin. If you are cheap then go to Staton-inc in the web and get yourself a 35cc Macculough engin for $30. Just swap out your engine. You just can't go 0ver 24 mph in the bike anyway so the power lose will just keep you within the law. The DMV publishes a guide on how to get a moped regestured. It's easier to do if you buy a whole bike from a manufacture who can then provide you with the EPA and safety info needed. Once you become a moped you have got to light up to code just like a motorcycle and you cannot use the bike lanes,which is a hassle so I'm just going to swap out that 2 HP 48 CC China Girl with a 1.6 HP 33 cc Robin. Heck, the speed limit on a residental street in Oregon is 25 mph. I don't plan on driving this thing on I-5 and it is still 10 times faster than walking.