Texas law for engine assisted bicycle

Yeah, Yer prolly right. I've never met a REAL smart cop. A whole bunch of smart a$$ cops, But never a smart one.
fatdaddy.
 
biknut said:
I called Cindy Flores in Oct 2010 and she gave me a different answer so I think the DPS thinking may have changed a little from the time this thread was first posted.

What she told me is that the Texas moped law was not designed to include motor bicycles, and that as it stands now motor bicycles are a gray area in the law.

What that means is not exactly legal, and not exactly illegal. The reason being is that, since there's no law specifically identifying motor bicycles, there's going to need to be a court case to set legal precedent. Officer Flores said as far as she knows that's never happened in Texas as of Oct 2010.

It was just assumed before 2008, when nobody really cared, that the moped law would cover motor bicycles. The problem with that is, in order to get a conviction for something like a ticket for riding an unregistered moped a prosecutor will have to prove in court that a motor bicycle fits the legal description of a moped in Texas.

The opinion now seems to be that, that's going to be an iffy proposition, and not necessarily in any prosecutor's best interest to find out.
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If no laws specifically apply to or against gas powered bicycles then how can you be charged with violating any Texas laws that don't yet exist? Cindy forgot to mention that little conundrum. LOL

All you criminal outlaws riding your motorized bicycles in Texas are not exactly outlaws......just yet anyway.
 
miked826 said:
If no laws specifically apply to or against gas powered bicycles then how can you be charged with violating any Texas laws that don't yet exist? Cindy forgot to mention that little conundrum. LOL

All you criminal outlaws riding your motorized bicycles in Texas are not exactly outlaws......just yet anyway.
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Because in Texas all motor vehicles are considered self propelled. So any vehicle not otherwise covered by a specific law, will be considered a motor vehicle if it can be proven to be self propelled.

This is why you must always pedal your motor bicycle away from stops. As long as no police officer can say he saw you ride off without pedaling, the state has no witness against you.
 
biknut said:
Because in Texas all motor vehicles are considered self propelled. So any vehicle not otherwise covered by a specific law, will be considered a motor vehicle if it can be proven to be self propelled.

This is why you must always pedal your motor bicycle away from stops. As long as no police officer can say he saw you ride off without pedaling, the state has no witness against you.
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The only problem with that is it doesn't specifically state that anywhere on the Texas DMV website. The All for One and One for All Law. LOL

A mediocre defense lawyer would have a field day with this in court.
 
miked826 said:
The only problem with that is it doesn't specifically state that anywhere on the Texas DMV website. The All for One and One for All Law. LOL

A mediocre defense lawyer would have a field day with this in court.
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Actually it does, you just don't know where to look.
 
miked826 said:
Well you obviously know something that not even DPS Overlord, Cindy Flores could find or explain. I hope you're proud of yourself.
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I don't understand what your gubbub is all about. Nobody in all of Texas is being harassed for riding a motor bicycle. Probably where you live, more people get harassed. Are you glad we don't have a motorized bicycle specific law, or are you mad about it?

I know laws usually are black and white, but she said we ride in a gray area. After talking to her personally, I think she knows what she's talking about.

Why don't you try calling her, and get her to explain it to you?
 
biknut said:
I don't understand what your gubbub is all about. Nobody in all of Texas is being harassed for riding a motor bicycle. Probably where you live, more people get harassed. Are you glad we don't have a motorized bicycle specific law, or are you mad about it?

I know laws usually are black and white, but she said we ride in a gray area. After talking to her personally, I think she knows what she's talking about.

Why don't you try calling her, and get her to explain it to you?
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Judges don't want to hear about anything "gray" in their courtrooms. If the police has given a citation for any violation of the law, then that law has to exist at the time the citation is given. It's really that simple. Gray is a PC way of saying that it's not illegal. A lawyer would laugh her off the phone.

She couldn't explain it to anyone in Texas, from what I've read, cause there is no precedent for it, according to the DPS statutes that she has access to. I'm confident her story is not gonna change, even if I call her.

I'll represent anyone in Texas that gets a ticket for a violating a non-existent law...... for free. I'm all about enforcing the law, as long it actually exists for all to see and read. LOL
 
biknut said:
I don't understand what your gubbub is all about. Nobody in all of Texas is being harassed for riding a motor bicycle. Probably where you live, more people get harassed. Are you glad we don't have a Jackshaft Assembly for less money specific law, or are you mad about it?

I know laws usually are black and white, but she said we ride in a gray area. After talking to her personally, I think she knows what she's talking about.

Why don't you try calling her, and get her to explain it to you?
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In the 50 states that make up the USA, there is no such thing as "Semi-Legal". Something is either technically "Legal" or it's "Illegal". The is no 3rd option in this country.

No cop can legally give you a citation without including the code violation that you allegedly violated being clearly written on the ticket......unless you get pulled over in Mexico. Then anything goes. May God have mercy on your soul. LOL

Police may not always enforce low level laws but it doesn't change the fact that it is still illegal, ......until the statute making it so is repealed, removed or struck down.
 
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[/QUOTE]
Police may not always enforce low level laws but it doesn't change the fact that it is still illegal, ......until the statute making it so is repealed, removed or struck down.[/QUOTE]



Or flouted....:)
 
Police may not always enforce low level laws but it doesn't change the fact that it is still illegal, ......until the statute making it so is repealed, removed or struck down.[/QUOTE]



Or flouted....:)[/QUOTE]

Or flouted.

Every traffic citation has to have the code or statute that you violated clearly written on it, or it's not a legal citation. You have a right to know what your being charged with violating. Unless you get pulled over in Mexico. Then you better have a lot of Pesos in your pocket or you're going straight to a Mexican Prison. LMAO
 
I was out riding my motorized bicycle yesterday and passed a county cop going the opposite way and he just waved . I am glad there are no laws on motorized bicycles yet hope it stays that way . I have found that if stopped yes sirs and no sirs keep most problems from happening .
 
fredric3144 said:
I was out riding my Jackshaft Assembly for less money yesterday and passed a county cop going the opposite way and he just waved . I am glad there are no laws on Jackshaft Assembly for less moneys yet hope it stays that way . I have found that if stopped yes sirs and no sirs keep most problems from happening .
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Pedaling like a circus monkey and riding as far to the right as possible doesn't hurt either. Most cops don't know what to do, even if there's laws specifically regulating them in your state. It works for me. LOL
 
miked826 said:
In the 50 states that make up the USA, there is no such thing as "Semi-Legal". Something is either technically "Legal" or it's "Illegal". The is no 3rd option in this country.

No cop can legally give you a citation without including the code violation that you allegedly violated being clearly written on the ticket......unless you get pulled over in Mexico. Then anything goes. May God have mercy on your soul. LOL

Police may not always enforce low level laws but it doesn't change the fact that it is still illegal, ......until the statute making it so is repealed, removed or struck down.
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If we get charged with anything for riding a motorized bicycle, it will be for riding an unregistered moped.
 
biknut said:
If we get charged with anything for riding a motorized bicycle, it will be for riding an unregistered moped.
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That is a distinct possibility for sure. My motorized bicycle is registered as a moped but in California it was pretty easy. Not sure how easy it would be in Texas.

Anybody have a motorized bicycle in Texas registered as a moped?
 
miked826 said:
That is a distinct possibility for sure. My motorized bicycle is registered as a moped but in California it was pretty easy. Not sure how easy it would be in Texas.

Anybody have a motorized bicycle in Texas registered as a moped?
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It can't be done, because there's no VIN. Texas has no method available for us to try to get a VIN for a bicycle.
 
biknut said:
Luckily they don't bother us anywhere in the state.
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I can't imagine you would be high up on any cops To Do list unless you're just acting like a maniac going down the road or spewing smoke out of your exhaust pipe. I would keep my motorized bicycle as quiet as possible as well in Texas. Leave the stock muffler on it. LOL
 
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