Texas laws on motorized bicycle

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Southern _Gypsy

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Aug 7, 2022
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I'm interested in the laws in Texas for motorized bicycles. I'm receiving a DWI on my bike in Austin TX have done time in jail and need to find out information about this as most times it is a public intoxication charge. Thanks this is the only place I've been able to find for help. Need a law
The law in Texas about motorized bicycles is if has a gas powered engine then it is automatically classed as a moped or motorcycle depending on the top speed it can travel at. It does not matter the size of the gas engine. Also since it has a gas engine it must be registered, insured, and inspected as such. Which means the minute you put even a 48cc 2 stroke bicycle motor kit on any bicycle. Having pedals or not. you have to register as a motorcycle manufacturer business, have it inspected by a state official that basically certifies you as a legitimate motor vehicle manufacturer, then your allowed to apply for the vin, once you get the vin and you apply for a title of registration, once you receive the registration, you can get it insured and inspected by any place that does vehicle inspections, then go get it registered and pay for your new tags, license plates and so forth. The only way out of doing all of that is to have it be an electric pedal assisted bike that can not do more than 20 mph. Or your other choice is play nice with the cops stay inside the bike lane , if no bike line is present then you better follow all bicycle safety laws that are in the Texas drivers handbook which you can get a copy of at any local DMV. If your riding at night you must have a head light, tail/brake light, and turn signal indicator lights. I live in San Antonio, TX and 5 yrs ago when I built my 1st 50cc gas powered bicycle I asked the local PD what the laws were on it and they themselves had to look it up and this was the shortened down version of the Texas state statutes about motor assisted bicycles. Also you could have been given tickets for operating a motor vehicle without the proper license unless you have a motorcycle/moped designation on your driver's license as well as operating a motor vehicle without proper registration, no insurance ect.ect. also stay off the sidewalks. Sidewalks are for pedestrian use only. Even a normal bicycle is not permitted on a sidewalk. Also if the street has a speed limit posted 45mph or higher your not permitted to use it
 

Sidewinder Jerry

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Dec 19, 2011
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The law in Texas about motorized bicycles is if has a gas powered engine then it is automatically classed as a moped or motorcycle depending on the top speed it can travel at. It does not matter the size of the gas engine. Also since it has a gas engine it must be registered, insured, and inspected as such. Which means the minute you put even a 48cc 2 stroke bicycle motor kit on any bicycle. Having pedals or not. you have to register as a motorcycle manufacturer business, have it inspected by a state official that basically certifies you as a legitimate motor vehicle manufacturer, then your allowed to apply for the vin, once you get the vin and you apply for a title of registration, once you receive the registration, you can get it insured and inspected by any place that does vehicle inspections, then go get it registered and pay for your new tags, license plates and so forth. The only way out of doing all of that is to have it be an electric pedal assisted bike that can not do more than 20 mph. Or your other choice is play nice with the cops stay inside the bike lane , if no bike line is present then you better follow all bicycle safety laws that are in the Texas drivers handbook which you can get a copy of at any local DMV. If your riding at night you must have a head light, tail/brake light, and turn signal indicator lights. I live in San Antonio, TX and 5 yrs ago when I built my 1st 50cc gas powered bicycle I asked the local PD what the laws were on it and they themselves had to look it up and this was the shortened down version of the Texas state statutes about motor assisted bicycles. Also you could have been given tickets for operating a motor vehicle without the proper license unless you have a motorcycle/moped designation on your driver's license as well as operating a motor vehicle without proper registration, no insurance ect.ect. also stay off the sidewalks. Sidewalks are for pedestrian use only. Even a normal bicycle is not permitted on a sidewalk. Also if the street has a speed limit posted 45mph or higher your not permitted to use it
The only thing you can legally self build for the public roadways in Texas is a motor assisted scooter. It must be under 40cc, not exceed 35 mph. You don't need a license, registration or insurance. The scooter can be either standing or seated. Must also be capable of being propelled by human power alone.

You can't legally build a self-built moped. The state of Texas requires it to be on a certified manufacturer's list which gets updated every 90 days.

That being said some parts of Texas are very lenient about enforcing their guidelines as long as you obey all the other traffic laws. While other areas of Texas is very strict about enforcing their guidelines.
 
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Southern _Gypsy

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The only thing you can legally self build for the public roadways is a motor assisted scooter. It must be under 40cc, have an automatic transmission and not exceed 35 mph. You don't need a license, registration or insurance. The scooter can be either standing or seated. Must also be capable of being propelled by human power alone.

You can't legally build a self-built moped. The state of Texas requires it to be on a certified manufacturer's list which gets updated every 90 days.
Did you not read that I said you have to apply for and register as a motor vehicle manufacturer business.
 

Sidewinder Jerry

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Dec 19, 2011
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Did you not read that I said you have to apply for and register as a motor vehicle manufacturer business.
If you can get certified as a moped manufacturer in the state of Texas then more power to you. Now did you read where I said if you're classified as a motor-assisted scooter it can be self-built and you don't need a manufacturers certification, license, insurance or registration. This below is the definition but I can pull up the other statutes which back up everything else I'm saying.

Texas law

SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS

Sec. 551.351. DEFINITIONS. In this subchapter:
(1) "Motor-assisted scooter":
(A) means a self-propelled device with:
(i) at least two wheels in contact with the ground during operation;
(ii) a braking system capable of stopping the device under typical operating conditions;
(iii) a gas or electric motor not exceeding 40 cubic centimeters;
(iv) a deck designed to allow a person to stand or sit while operating the device; and
(v) the ability to be propelled by human power alone; and
(B) does not include a pocket bike or a minimotorbike.
 
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Gypsybikes

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Jul 17, 2022
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Please do not let the locals know this stuff as in El Paso County TX they don't even have an idea of what the laws actually are here and they leave me and a couple other people alone when we are riding our motorized bikes any where we want.
 
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bobo60

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Nov 23, 2019
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The only thing you can legally self build for the public roadways in Texas is a motor assisted scooter. It must be under 40cc, not exceed 35 mph. You don't need a license, registration or insurance. The scooter can be either standing or seated. Must also be capable of being propelled by human power alone.

You can't legally build a self-built moped. The state of Texas requires it to be on a certified manufacturer's list which gets updated every 90 days.

That being said some parts of Texas are very lenient about enforcing their guidelines as long as you obey all the other traffic laws. While other areas of Texas is very strict about enforcing their guidelines.
I beg to differ with most of you. I have been building for 8 years and 43 bikes and got what most people miss, in Texas the State does not have a category for motorized bikes, with pedals, they are in a 'grey area" so the State has allowed all municipalities, Cities, Towns ect to basically do as they see fit. Some college towns like Denton and Austin outright banned them period. Yet in Wichita falls, home of the Hotter Than **** 100 bike race as in many towns of 120,000 and smaller, the Police, Sheriff, DPS all do not care what cc it is, or how many hp or how fast, they just want to see a helmet, lights at night, driving like a sane person, no hotrodding through neighborhoods, stay off expressways, stop at all lights and signs and use hand signals for turns when able and I ride all hours of the night, everywhere and all I ever got in 7 years was a few nods, waves, and basically ignored, as it should be! I'd bet my new ride that every person whos City PD crack the whip on them every chance they get, can be traced back to one or more ******* wanna-be-bikers who riled up enough people to complain, or they caused an accident or worse, and the rest of y'all are paying the price. We don't play that here, any one tries driving like a fool gets pulled over and lectured by one of us, or if they don't feel like listening get their butts whooped and bikes fixed so they never run again. Seriously...
 

Sidewinder Jerry

Well-Known Member
Dec 19, 2011
2,057
1,052
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Rockwood, TN
I beg to differ with most of you. I have been building for 8 years and 43 bikes and got what most people miss, in Texas the State does not have a category for motorized bikes, with pedals, they are in a 'grey area" so the State has allowed all municipalities, Cities, Towns ect to basically do as they see fit. Some college towns like Denton and Austin outright banned them period. Yet in Wichita falls, home of the Hotter Than **** 100 bike race as in many towns of 120,000 and smaller, the Police, Sheriff, DPS all do not care what cc it is, or how many hp or how fast, they just want to see a helmet, lights at night, driving like a sane person, no hotrodding through neighborhoods, stay off expressways, stop at all lights and signs and use hand signals for turns when able and I ride all hours of the night, everywhere and all I ever got in 7 years was a few nods, waves, and basically ignored, as it should be! I'd bet my new ride that every person whos City PD crack the whip on them every chance they get, can be traced back to one or more ******* wanna-be-bikers who riled up enough people to complain, or they caused an accident or worse, and the rest of y'all are paying the price. We don't play that here, any one tries driving like a fool gets pulled over and lectured by one of us, or if they don't feel like listening get their butts whooped and bikes fixed so they never run again. Seriously...
This is nothing new, many places where there's certain guidelines the police don't care as long as you're obeying all other traffic laws. However, one should be aware of all it takes is a gung-ho I'm going to save the world Cop and/or a castrate him mentality judge to jam you up. For this reason, try to be as close to the legal guidelines as possible.

When I lived in Texas in the 70's you didn't need insurance and could drink and drive as long as you didn't blow over the limit on a breathalyzer which was a much higher limit than 0.08 of today. Back then Angleton was a small town. The cops might let you go with a warning if you gave him a couple of long neck Lone Stars out of the 12 pack sitting beside of you and the little calf in the front seat of your rusted out and dented up truck lol.

This also makes you wonder how hammered George Bush Jr must've been to have gotten a DUI in the 70's while his daddy George Sr was governor of the state of Texas lol. Probably as hammered as Dick Cheney was when he shot his friend thinking he was a flock of quails lol
 
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