TX law question please.

[tp12texas]

Hello, I'm a noob on motorized bikes and I have been researching Texas law.
Well, low and behold I came up with very little.
One site had a link that stated the engine size could not exceed 50cc or it would be considered a "moped" Also top speed is limited to 25mph.
I do want to build a bike that is within the law but restrictions for "motorized bike" but don't have any clear answers regarding such.
For those who have dealt with this issue- can you offer any information and/or advice ?
Thanks

 

[Sidewinder Jerry]

Unless there has been some recent change to Texas laws, more than 40cc but under 50cc puts it in a moped category. Unfortunately, Texas laws don't allow self built mopeds. They have to be on a certified manufacturers list which gets updated every 90 days. They do allow self built scooters which can be up to 35cc.

Now many Texas riders will argue if the build isn't self propelled and must be pedaled to start forward momentum on level ground then it's legal. However, you are throwing yourself at the mercy of your local judicial system to say yea or na on it's legal status. Depending on what judge you get that particular day of the month will determine what decision you get.

 

[Sidewinder Jerry]

Here's your Texas motor assisted scooter laws.

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.

(2) "Pocket bike or minimotorbike" means a self-propelled vehicle that is equipped with an electric motor or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two wheels in contact with the ground, has a seat or saddle for the use of the operator, is not designed for use on a highway, and is ineligible for a certificate of title under Chapter 501. The term does not include:

(A) a moped or motorcycle;

(B) an electric bicycle or motor-driven cycle, as defined by Section 541.201;

(C) a motorized mobility device, as defined by Section 542.009;

(D) an electric personal assistive mobility device, as defined by Section 551.201; or

(E) a neighborhood electric vehicle, as defined by Section 551.301.

Added by Acts 2005, 79th Leg., Ch. 1242 (H.B. 1596), Sec. 3, eff. June 18, 2005.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.015, eff. September 1, 2011.



Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. (a) A motor-assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The motor-assisted scooter may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.

(b) A county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.

The department may prohibit the operation of a motor-assisted scooter on a highway if it determines that the prohibition is necessary in the interest of safety.

(d) A person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk. Except as otherwise provided by this section, a provision of this title applicable to the operation of a bicycle applies to the operation of a motor-assisted scooter.

(e) A provision of this title applicable to a motor vehicle does not apply to a motor-assisted scooter.