Wisconsin Motor Bicycle Law Part 1&2
- Thread starter DasKapitan
- Start date
DasKapitan
New Member
Dougan - That's a good question. It's pretty plain to me the answer is Yes insurance is required for a motorized bicycle.
344.62 States;
344.62 Motor vehicle liability insurance required.
344.62(1)
(1) Except as provided in s. 344.63, no person may operate a motor vehicle upon a highway in this state unless the owner or operator of the vehicle has in effect a motor vehicle liability policy with respect to the vehicle being operated.
344.62(2)
(2) Except as provided in s. 344.63, no person may operate a motor vehicle upon a highway in this state unless the person, while operating the vehicle, has in his or her immediate possession proof that he or she is in compliance with sub. (1). The operator of the motor vehicle shall display the proof required under this subsection upon demand from any traffic officer.
344.01 States;
344.01 Words and phrases defined.
344.01(1)
(1) Words and phrases defined in ss. 340.01 and 343.01 are used in the same sense in this chapter unless a different definition is specifically provided.
340.01 States;
340.01(35)
(35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile and an all-terrain vehicle shall only be considered motor vehicles for purposes made specifically applicable by statute.
344.62 States;
344.62 Motor vehicle liability insurance required.
344.62(1)
(1) Except as provided in s. 344.63, no person may operate a motor vehicle upon a highway in this state unless the owner or operator of the vehicle has in effect a motor vehicle liability policy with respect to the vehicle being operated.
344.62(2)
(2) Except as provided in s. 344.63, no person may operate a motor vehicle upon a highway in this state unless the person, while operating the vehicle, has in his or her immediate possession proof that he or she is in compliance with sub. (1). The operator of the motor vehicle shall display the proof required under this subsection upon demand from any traffic officer.
344.01 States;
344.01 Words and phrases defined.
344.01(1)
(1) Words and phrases defined in ss. 340.01 and 343.01 are used in the same sense in this chapter unless a different definition is specifically provided.
340.01 States;
340.01(35)
(35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile and an all-terrain vehicle shall only be considered motor vehicles for purposes made specifically applicable by statute.
biknut
Well-Known Member
My motor assisted bicycle isn't self propelled. You have to peddle it to get started.
I agree, and that kind of sucks. I think it would be difficult to find insurance for this. Does anybody have their motorized bicycle insured?
I wonder what we could do about this. It's clear that the Wisconsin statutes are intended to define motorized bicycles as something separate from other automobiles (check out http://www.legis.state.wi.us/2009/data/AB-197.pdf). From that perspective, it seems that they were forgotten when this statute as made. I wonder who could be contacted to propose that this insurance statute be amended?
I also wonder who would insure my motorized bicycle since I doubt we will be able to make much of an impact on this legislation?
According to this...
I searched the Wisconsin Statute Database in regards to "Motor Bicycle" and put together the following; The text is too long for one post so it is in two parts
Text from Revisor of Statutes Bureau Database of
2005-06 WISCONSIN STATUTES & ANNOTATIONS
Updated through 2007 Wis. Act 242 and June 30, 2008.
CHAPTER 194
MOTOR VEHICLE TRANSPORTATION
194.01 Definitions.
194.01(7)
(7) "Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus or any self-propelled or motor driven vehicle, except a motorcycle, moped, motor bicycle , electric personal assistive mobility device, or vehicle operated on rails.
A moped, motor bicycle, etc, etc is NOT a motor vehicle, so I would guess no insurance needed?
I searched the Wisconsin Statute Database in regards to "Motor Bicycle" and put together the following; The text is too long for one post so it is in two parts
Text from Revisor of Statutes Bureau Database of
2005-06 WISCONSIN STATUTES & ANNOTATIONS
Updated through 2007 Wis. Act 242 and June 30, 2008.
CHAPTER 194
MOTOR VEHICLE TRANSPORTATION
194.01 Definitions.
194.01(7)
(7) "Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus or any self-propelled or motor driven vehicle, except a motorcycle, moped, motor bicycle , electric personal assistive mobility device, or vehicle operated on rails.
A moped, motor bicycle, etc, etc is NOT a motor vehicle, so I would guess no insurance needed?
Unfortunately, you are incorrect. That section only applies to chapter 194. Chapter 344, the chapter that outlines insurance, states:
344.01 (2)(b)
(b) "Motor vehicle" means a self-propelled vehicle and also includes trailers and semitrailers designed for use with such vehicles, except that "motor vehicle" does not include farm tractors, well drillers, road machinery or snowmobiles.
So for insurance purposes, a motorized bicycle is considered a motor vehicle.
Well that would mean that they basically don't want motorized bicycles on the road.
Sounds like a catch "22" to me
biknut
Well-Known Member
I don't understand where you're getting this conclusion from. Nowhere does the law say a motor bicycle needs insurance. Your law clearly says a motor bicycle is not a motor vehicle, and therefore isn't required to carry insurance. That would be a slam dunk in court.
Each chapter of the Wisconsin statutes begins with a section defining terms. The terms defined in this section are only for use in the chapter they were defined in. That's why chapter 194 and 340 have their own definitions for "motor vehicle". Where chapter 194 clearly states that a motor bicycle isn't a "motor vehicle," this definition only applies to chapter 194. "Motor Vehicle" must be redefined if used in other chapters-- that is why it is also defined in chapter 344. If you were to go to court, you could not use the definition of "motor vehicle" from chapter 194 to apply to a statute from chapter 344. Statute 344.62 is the one that states that all "motor vehicles" need insurance, and this statute would use the definition from chapter 344, which I posted above.
Not trying to spark an argument or patronize you, just explaining how we came to this conclusion These statutes are hard to understand and I didn't figure this all out myself.
I don't have experience in the WI legal system so I consulted some acquaintances in the legal system and they agree with our conclusion that, under the current wording of 344.62 and 344.01, a motor bicycle is required to have insurance in Wisconsin.
I created a separate thread for this:Wisconsin Insurance Dilemma. I would appreciate any debate over whether or not it is legal staying in this thread, since that is the purpose of this thread. But ideas about what to do about the illegality could go in my new thread, so this one could stay focused on the discussion of what is and isn't legal.
biknut
Well-Known Member
Don't worry, we're in the same boat and I'm on your side. Here in Texas we have a much worse situation. The general assumption of most law enforcement in Texas is that motor bicycles are illegal unregistered mopeds. Since there's no way to register a bicycle in Texas because no VIN we're all illegal, end of story, or are we?
Actually there's never been a challenge so nobody really knows what will happen if it goes to court, or what the best defense would be if it did.
I have to say, I don't think much of your friends advise. I can tell you from experience that most lawyers that work traffic tickets are weaselly bottom feeders that only know how to make deals. They never actually fight a ticket in a trial. Lawyers that don't handle traffic tickets advise isn't worth much either.
I've gotten a bazillion tickets in the last 40 years riding motorcycles since I was 13 and I fight most of them. I have a good record of winning. The third time I was pulled over which was about 2 months after I first got my license I successfully defended myself against a whole stack of tickets.
One of my customers is a big time defense lawyer, and ex federal district judge here in Dallas. Yesterday I was working at his house and I took the opportunity to grill him about defending a motor assisted bicycle ticket. I ask him about several different way's to defend them and what he thought, and he said he didn't know. I told him I was one of only two people in history that ever beat a camera red light ticket in Garland Texas, and he wanted to know how I did it. His wife told me when he gets a ticket they always nail him lol.
I think you should start thinking along these lines. At least one statue you have clearly says motor assisted bicycles aren't motor vehicles. You should point why it says that in the first place. Probably because motor vehicles are self propelled, and most motor assisted bicycles are not, so they don't fit the description. You have to peddle it to get it started. If you have to peddle it, it's not self propelled. I wouldn't call it a loop hole. More like am over sight
If a motor assisted bicycle isn't a motor vehicle then the statute you're looking at doesn't apply.
I've said this in many other threads..
It all has to do with the almighty USD/CAD/AUD.
If those of us who used gas powered motorized bicycles had money to burn, we would fight these things.
However, in my estimation, as I've seen so far, it's the point that the major reason for even using a gas powered bike, is because we don't have the money to get a moped/scooter/motorcycle, or have lost driven privileges, for not having the money to pay for tickets received (for whatever reason) and the list goes on and on.
What we need are the people with extra cash to fight for us. (wish I had it).
The difference being that those that DO have the money, get other modes of transportation, and then are not worried about those of us stuck with trying to legally ride a cheap running vehicle..
If (for those areas where they are legal) an electric bike would cost the same as a gas bike and was able to refuel as quickly, there wouldn't be half the problems there are now.
Reminder, that this is just MY OPINION, as has no basis in fact.
It all has to do with the almighty USD/CAD/AUD.
If those of us who used gas powered motorized bicycles had money to burn, we would fight these things.
However, in my estimation, as I've seen so far, it's the point that the major reason for even using a gas powered bike, is because we don't have the money to get a moped/scooter/motorcycle, or have lost driven privileges, for not having the money to pay for tickets received (for whatever reason) and the list goes on and on.
What we need are the people with extra cash to fight for us. (wish I had it).
The difference being that those that DO have the money, get other modes of transportation, and then are not worried about those of us stuck with trying to legally ride a cheap running vehicle..
If (for those areas where they are legal) an electric bike would cost the same as a gas bike and was able to refuel as quickly, there wouldn't be half the problems there are now.
Reminder, that this is just MY OPINION, as has no basis in fact.
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lightningstoreI70
New Member
You'd complain if we hung you with a new rope 
JedCooterBrowne
New Member
I wrote to Wisconsin's Office of the Commissioner of Insurance. A nice lady named Rhonda Peterson responded to me. According to what she told me insurance is not required for a motor bicycle. Her complete response (minus my name) is posted below.
Dear Mr. (Name Removed):
Thank you for your e-mail attached below.
The law requiring mandatory auto insurance is under the jurisdiction of the WI Dept. of Transportation (DOT). I called DOT and my contact person indicated that DOT does not consider a motor bicycle as a motor vehicle for the purposes of requiring auto insurance.
I hope this is helpful.
Rhonda Peterson, CPCU, CIE, AIC, MCM
Property and Casualty Section Chief
Bureau of Market Regulation
Office of the Commissioner of Insurance
Dear Mr. (Name Removed):
Thank you for your e-mail attached below.
The law requiring mandatory auto insurance is under the jurisdiction of the WI Dept. of Transportation (DOT). I called DOT and my contact person indicated that DOT does not consider a motor bicycle as a motor vehicle for the purposes of requiring auto insurance.
I hope this is helpful.
Rhonda Peterson, CPCU, CIE, AIC, MCM
Property and Casualty Section Chief
Bureau of Market Regulation
Office of the Commissioner of Insurance
i just got my bike put together and was riding it approx 20 miles each way to work because pedaling or walking a 40 mile trip each day was ridiculous and basically as long as you posess a valid driver license in WI they will leave u alone,however if u DO NOT have a valid license(i do not) they want to make it impossible for you to operate anything at all that has a motor, i got pulled over on schwinn s500 electric SCOOTER, and it was broken at that i was going four miles an hour in the dirt on the shoulder of a back road with nobody around but the cop, he told me that after the new law was passed (sorry not sure the statute code on it) in wisconsin u must have a valid license for ANYTHING with a motor,including the 14-15-16 year olds that mow lawns for some extra summer cash, if they own a riding mower and are mowing a lawn and need to cross the street to get to the next lawn they can be cited for no license and after two or more will be suspended from getting one,for a manditory minimum of two months
JedCooterBrowne
New Member
azguero, Yeah unfortunately you need to have a driver's license to operate a motor bicycle. I remember reading that even if you have a suspended license you can't ride a motor bicycle. Some cops are looking for reasons to give you trouble, that's why I like to make sure I'm legal while riding mine. I carry a copy of the laws with me in case I meet up with an officer who is not aware of the laws.
I haven't been pulled over on mine yet, and I've got a pusher. I rode from the Illinois border to the border of the UP of Michigan last weekend (380 miles). Saw lots of cops but none of them seemed to care.
From what I know of the law, those electric scooters are not road-legal. Maybe you need to rip the motor/battery off that electric scooter and put it on a bike. Then just "ghost pedal" your way to work. If a cop pulls you over and accuses you of riding a motor bicycle without a valid license, claim to have been pedaling the bike. How could he prove otherwise in court?
I don't think I'd recommend trying to run from a cop if he turns on the lights. If you try to get away and they end up catching you I'm pretty sure that that is a felony. That being said, you have to do what you can to get by. Good luck!
I haven't been pulled over on mine yet, and I've got a pusher. I rode from the Illinois border to the border of the UP of Michigan last weekend (380 miles). Saw lots of cops but none of them seemed to care.
From what I know of the law, those electric scooters are not road-legal. Maybe you need to rip the motor/battery off that electric scooter and put it on a bike. Then just "ghost pedal" your way to work. If a cop pulls you over and accuses you of riding a motor bicycle without a valid license, claim to have been pedaling the bike. How could he prove otherwise in court?
I don't think I'd recommend trying to run from a cop if he turns on the lights. If you try to get away and they end up catching you I'm pretty sure that that is a felony. That being said, you have to do what you can to get by. Good luck!
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"the prussian" Shop Dogs
New Member
Wow jed thats a road trip ,what route were you on? Oh and thanks for writing in about the ins issue.
JedCooterBrowne
New Member
We took all the back roads. Of the 380 miles the longest we spent on any one road was less than 13 miles. I think it took me as long to plan the route as it did to drive it. I made three laminated cards like the image below. This is the first card. It gives directions from Delavan, south to the Illinois border, then back through Delavan to Lebanon, WI (near Watertown).
"the prussian" Shop Dogs
New Member
Really nice work , I'm slowly working on a guide to riding southern WI, would love to include your work if your intrested?
This hobby seems to be missing good guidebooks or maybe it's still to young? Time to get back to work on that project,but it's hard to sit in front of computer when it's nice out
This hobby seems to be missing good guidebooks or maybe it's still to young? Time to get back to work on that project,but it's hard to sit in front of computer when it's nice out
JedCooterBrowne
New Member
Sure, I can share whatever I have done and what I understand about the laws. Let me know what you are looking for. I'm new to this board, can you send PMs? If so, feel free to send me one.