Texas law for engine assisted bicycle

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biknut

Well-Known Member
Sep 28, 2010
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These are really not bike paths per say, but rather Forest Service roads that are gated off. The signs say for hiking, biking or horses. If bikes are cool, would a Engine assisted be. I'm certain the Forest office would say you cant. but again, that doesn't mean it is illegal. I find few Game Wardens truly know the law, and that is why we have courts. :)
I think it would come down to if they allow motorized vehicles. They'll probably look at a motorized bicycle the same as a motorcycle.
 

biknut

Well-Known Member
Sep 28, 2010
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Dallas
These are really not bike paths per say, but rather Forest Service roads that are gated off. The signs say for hiking, biking or horses. If bikes are cool, would a Engine assisted be. I'm certain the Forest office would say you cant. but again, that doesn't mean it is illegal. I find few Game Wardens truly know the law, and that is why we have courts. :)
I think it would come down to if they allow motorized vehicles. They'll probably look at a motorized bicycle the same as a motorcycle.
If they say no gas powered bikes, then electric bikes would probably make their heads spin.
 

FortunateSoldier

New Member
Mar 8, 2011
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South Texas
I just found out you can not ride a gas fired bicycle legally in Texas.It has to be electric. They told me being that there is no law covering a gas powered bicycle. It is not legal to ride on the street or sidewalks or bike paths under power from the engine..
You have to have an electric motor to qualify as a motor assisted bicycle.
If you want to see the letter send me a PM, I'll email you the letter.
We need to get this changed! Last summer a different person was in place at that time we could ride with no problems , now that has changed.
Maybe the Fed laws will be in our favor, I don't know yet. If you have information, Let me know, I'd like to see it. I'll bet this forum and the others out there will want to know. It might be time for all Texas riders to band together no matter what forum you like or belong to. You can go electric, what fun is that?!! YOU ALL HAVE BEEN WARNED!!! We are now OUTLAWS!
if you ride your gas fired assisted bicycle in the street, sidewalk, or bike paths in Texas. Well I'm not going to go break the law.
You can watch for the police and cut the engine but I'll bet you will get a ticket. You could tell the officer the engine is the generator for the lights only. I bet he will believe that as well.rotfl Best thing to do is get the law changed or revised to include gas engines with electric motors. Gas engines can be rated at so many watts of power, maybe it will work out. Do nothing, sit still, loose our freedom.
Vader[/QUOTE






FortunateSoldier responds:

That accounts for only about 10% of the people who inquire about my products and even if i offer them a copy of the law in writing some people still remain pesimistic. What i usually tell these people who are terrified that they may break a law is that if it is such an issue then these morotized bicycles are indeed not for people like them. Nevertheless i still sold 30 motorized bicycles last year and almot that many the year before.

First of all why would anybody write a letter requesting information from some nuckelhead sittin behind an office desk that doesn't truly know the law. Go look up the law for yourself because it is the simple matter of interpitation of the law which cannot be done correctly if you don't even know the law. Whoever responded to that letter is not giving sound advice as they said there is no law regaurding a gas powered bicycle. And whats worse about taking such advice to heart is that if there was truly no such law then it could not possible be illigal, but to the contrary would be totally acceptable. Nevertheless the gas powered motorized bicycle is defined as a "motor assisted scooter" and is indeed street legal to operate on Texas roads without any type of documentation whatsoever.

So go trot yourself down to your local Texas State Trooper office and look it up on the computer for yourself. The law can be found in the Texas Transportation code (TRC) as subchapter D, sections 551.301 and 551.302 which became effective on Sept 1, 2003 and the law has not changed since then. It says under 551.301. Definitions:
(Quote)This subchapter describes a gasoline powered motor assisted bicycle.
(A) A neighborhood electric vehicle or motor assisted scooter............
(B) A person may operate a motor assisted scooter..................
(C) a gas or electric motor........................

You'll have a fantastic day, happy cycling and don't believe everything everybody tells you but just go double check for yourself.

This is JDSmith at texasmoondogmotorbikes.com
God bless Texas!!
 

biknut

Well-Known Member
Sep 28, 2010
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Dallas
FortunateSoldier responds:

That accounts for only about 10% of the people who inquire about my products and even if i offer them a copy of the law in writing some people still remain pesimistic. What i usually tell these people who are terrified that they may break a law is that if it is such an issue then these morotized bicycles are indeed not for people like them. Nevertheless i still sold 30 motorized bicycles last year and almot that many the year before.

First of all why would anybody write a letter requesting information from some nuckelhead sittin behind an office desk that doesn't truly know the law. Go look up the law for yourself because it is the simple matter of interpitation of the law which cannot be done correctly if you don't even know the law. Whoever responded to that letter is not giving sound advice as they said there is no law regaurding a gas powered bicycle. And whats worse about taking such advice to heart is that if there was truly no such law then it could not possible be illigal, but to the contrary would be totally acceptable. Nevertheless the gas powered motorized bicycle is defined as a "" and is indeed street legal to operate on Texas roads without any type of documentation whatsoever.

So go trot yourself down to your local Texas State Trooper office and look it up on the computer for yourself. The law can be found in the Texas Transportation code (TRC) as subchapter D, sections 551.301 and 551.302 which became effective on Sept 1, 2003 and the law has not changed since then. It says under 551.301. Definitions:
(Quote)This subchapter describes a gasoline powered motor assisted bicycle.
(A) A neighborhood electric vehicle or motor assisted scooter............
(B) A person may operate a motor assisted scooter..................
(C) a gas or electric motor........................

You'll have a fantastic day, happy cycling and don't believe everything everybody tells you but just go double check for yourself.

This is JDSmith at texasmoondogmotorbikes.com
God bless Texas!!
The first highlight is correct. The second is not.

We are not riding a motor assisted scooter. Motor assisted scooters are defined as having a "deck" to place your feet on, which we do not have. Peddles are not considered decks.

It doesn't matter though because you were right in the first place. In Texas there's no law covering motor assisted bicycles. Since there's no law against it, that means it's not illegal.
 
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Saddletramp1200

Custom MB Buiilder
May 7, 2008
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Houston, Texas
One peace officer said to me, "Unless you are breaking traffic laws you can ride down the street on a cow, while wearing a pink tutu."
That's pretty much it. (c)
 

twelvestringtex

New Member
Apr 22, 2011
27
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Houston, TX
Here's what I heard from my Auto-Mechanic, who has built, rode, torn apart, raced, and rolled around on just about everything that has wheels and a motor...

His practical understanding of the way things work (which often is more important than any given laws...) is as follows:

Leave the Pedals on, and make it a pedal-starter. As long as it can't start under it's own power, and still has the pedals attached it's still a bicycle. The motor just makes it a "Motor-Assisted" bicycle, since it can't start itself. If you give it a hand start, or pull start then it's a "Motor-Driven" bicycle, and that's where you get into trouble.
 

Saddletramp1200

Custom MB Buiilder
May 7, 2008
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Houston, Texas
At last, some one with some smarts. I have been saying that all along. Plus ride Right! and no Cop has time to mess with you. Ride stupid, and your going to get stopped. Every Time!
(c)
 

Saddletramp1200

Custom MB Buiilder
May 7, 2008
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Houston, Texas
Here we go, We are as riders of Anything on two wheels. an automatic target for Police. Be it envy, or "What's that guy riding" we attract their attention like a magnet! Some have seen way to many "Sons of Anarchy" episodes on cable.
Some are just curious. We attract attention, everywhere we ride. We are age profiled by Cops. I rider with an orange Mohawk, wearing shorts and no shirt will most likely be stopped before I AM. I am, Old guy wearing Levi's dirty T shirt and Helmet. When you get a riding style, you can pull off fast if you want. Just not all the time. Cops have habits, just like us. Don't make yourself a target. Simple, when to ride like an Idiot, and When to ride like an Old Coot. :) dnut
 

yowsa52

New Member
Aug 18, 2010
2
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Texas
Something that is glaring to me is that the Texas laws reference vehicles (motorcycles, electric bicycles, mopeds, gas scooters) that are available commercially. Gas motor assisted bicycles are not commercially available. The law is not specific to exclude or even define gas motor assisted bicycles. To me it is still a bicycle that "I" put a motor on to assist in riding. It is not illegal. So we should just keep quiet before the legislature should decide to define it. BTW, here in San Antonio you cannot ride any of the other non-licensed vehicles (gas scooter, electric bike and etc.) anywhere in the city as of 2006.
 

biknut

Well-Known Member
Sep 28, 2010
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Dallas
Does anyone have specific references for laws regarding 48cc/66cc motors on a bike and the operation on San Antonio, TX streets?
In Texas China Girl style motor bicycles are a gray area, so says the DPS. When the law for mopeds was written, motor bicycles were not considered by the lawmakers.

It was assumed at one time that the moped law would cover motor bicycles, but that thinking has fallen out of favor. The problem with trying to apply the moped law to China girl motor bicycles is, in Texas all motor vehicles are considered self propelled, and only motor vehicles are regulated by the DMV.

Mopeds are described as motor driven cycles. Motor driven cycle is just another way of saying self propelled. Since you could argue in court that a China Girl style motor bicycle is not in fact self propelled, because it's arguable that it must be peddled to speed before engaging the clutch, there's possibility to win a court challenge, or another way to say it is, there's possibility for the state to loose. No prosecutor wants to take a chance on losing in court and setting precedent for the state.

For this reason most localities in Texas look the other way for motor bicycles. While it is true that some people may have been ticketed for riding motor bicycles in Texas, they didn't challenge the ticket. If you do get a ticket and just pay the fine, they'll take your money.

I was told by the DPS that there's never actually been a successful conviction in Texas of a motor bicycle rider where a court challenge was mounted, and in fact none were allowed to get to court.

This only applys to tickets for no registration, or no license. Tickets for running a stop sign, or any other law of the road are the same as any bicycle.
 
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Brian TX

New Member
Feb 15, 2012
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San Antonio, TX
Thanks biknut. Yesterday I received information from DPS that they have no classification for it. Today, I heard from SAPD that there are no issues to consider and if issues do develop to give them a call so they can help!
 

biknut

Well-Known Member
Sep 28, 2010
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Dallas
Thanks biknut. Yesterday I received information from DPS that they have no classification for it. Today, I heard from SAPD that there are no issues to consider and if issues do develop to give them a call so they can help!
I'm not suprised to hear that. San Antonio is the hot bed of motor bicycling in Texas.
 

fatdaddy

New Member
May 4, 2011
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San Jose, Ca.
I have sent two request to the Motor Vehicle Division of the State of Texas DOT. I am going to take my bike down there and get a "letter exception" that clarifies the ruling.

The bike will be limited in speed, however the "letter" will get us off the hook.

I have spoken to every cop in Austin that I can track down and they all love my bike. I even had a cop radar me at 36 mph in a 35, we laughed at the ability of my fat ass to get the bike going that fast.

I will get the state of TX issue resolved, you guys take care of the other 48. California is beyond repair.
Hey Papa, (I know this is an older thread,) But California is a GREAT state to ride a motorized bicycle in. The only hassle is the M-2 (or m-1,) license thing. And that is not really a problem. I've been on two wheels, one way or another, since I was 10 and NEVER had a motorcycle endorsement. And never had a ticket for it either. As long as you have a regular drivers license yer cool. MOST cops ask for I.D. only if yer on a motorized bicycle, not a D.L. All the other laws in California are just plain common sense, Headlight, Tail light, brake light, ect, And are things you need to put on yer bike if the law says so or not. And the speed limit on a gas bike here is 30mph, Plenty fast enough for a bicycle. The registration is a one time, life of the bike, thing. Kinda like trailers are. And $19 bucks for a lifetime registration ain't nothin. And with 300 good riding days a year here I hardly ever have to jump in my car.
Just had to defend my state bro. And good luck getting the laws in Texas straightend out. It's been done in a couple of states, so I got nothin but faith that a bunch of determined Texans can pull it off too.
fatdaddy.
 

fredric3144

Member
Oct 22, 2012
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lufkin tx
On my first bike I had the 50cc china girl I rode it to the store and bought a 6 pk of canned coka colas . Then I was going home along the shoulder of the road the local police pulled up in front of me waited for me to get to them looked at my bike and said meet us at the station . I rode to the station about 8 miles out of my way . There they went through every book on their shelf finally decided that since it was actually under 50cc according to the web site I gave them and needed peddle assist to start , then there was no law on it . Then told me wear a helmet and put on this orange safety vest that they gave me . That was a few years ago have never been bothered again . I have now up graded to the 80cc (66cc) china girl but Ill not tell them that . --- OH and as a side note when I was at the police station talking to them 4 of my cokes were stolen out of the basket on my bike lol .
 

fatdaddy

New Member
May 4, 2011
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San Jose, Ca.
On my first bike I had the 50cc china girl I rode it to the store and bought a 6 pk of canned coka colas . Then I was going home along the shoulder of the road the local police pulled up in front of me waited for me to get to them looked at my bike and said meet us at the station . I rode to the station about 8 miles out of my way . There they went through every book on their shelf finally decided that since it was actually under 50cc according to the web site I gave them and needed peddle assist to start , then there was no law on it . Then told me wear a helmet and put on this orange safety vest that they gave me . That was a few years ago have never been bothered again . I have now up graded to the 80cc (66cc) china girl but Ill not tell them that . --- OH and as a side note when I was at the police station talking to them 4 of my cokes were stolen out of the basket on my bike lol .
Hey, Cops get thirsty too. I'm suprised ya didn't come out to a cop riding yer bike around the parking lot.
fatdaddy.
 

fredric3144

Member
Oct 22, 2012
110
1
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77
lufkin tx
well a cop riding my bike would have been a very big surprise as they wouldn't known how to operate it . I then as well as now have the only motorized bicycle in about 75 miles .