Pulled over in Appleton, Wisconsin

solitus3989

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I posted this as a response to a thread, and decided to repost here, since it seems to be a big deal.

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I was pulled over today, and i live in appleton, wisconsin.

he quoted me on statute 346.80(3), which is as follows.

346.80(3)
(3)
346.80(3)(a)
(a) Persons riding bicycles or electric personal assistive mobility devices upon a roadway may ride 2 abreast if such operation does not impede the normal and reasonable movement of traffic. Bicycle or electric personal assistive mobility device operators riding 2 abreast on a 2-lane or more roadway shall ride within a single lane.

346.80(3)(b)
(b) Persons riding bicycles upon a roadway may not ride more than 2 abreast except upon any path, trail, lane or other way set aside for the exclusive use of bicycles and electric personal assistive mobility devices.

346.80(4)
(4) No person may operate a bicycle, electric personal assistive mobility device, or moped upon a roadway where a sign is erected indicating that bicycle, electric personal assistive mobility device, or moped riding is prohibited.

346.80(5)
(5) Except as provided in ss. 346.23, 346.24, 346.37, and 346.38, every rider of a bicycle or electric personal assistive mobility device shall, upon entering on a highway, yield the right-of-way to motor vehicles.

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I don't really think this makes any sense at all, but he was explaining that i had to have turn signals and it was impossible for me to license it to make it street legal. granted, it was 2am and it was a community service officer (the 'fake' cops in vans) but he pretty much gave me the warning and said if im caught again ill have a boat load of tickets to deal with.

I first saw the cop going downtown between a bunch of blinking red lights, stopping at each one. i got to a corner and turned right, hoping i had lost him. about 5 minutes later, he finally caught up with me, and told me he 'clocked me doing about 30 back there', when in reality, i wasn't going more than 15 at any given time at that entire road, since i was stopping often because of the many stop lights, and they were all blinking red. (like i said, 2 in the morning.)

I have 2 mounted flashlights as headlights, and a blinking rear reflector. either the cop was a ****, or we are all screwed. i'd carry those statutes in your pocket when riding, if i were you. maybe you can get off with a warning..
 
If I'm reading correctly statute 346.80 nowhere states blinkers or licensing? Skip all of the bull, print out the state law from post http://www.motoredbikes.com/showthread.php?t=4612 and go directly to the city offices and ask.

I also ride 50% of the time in the big W. Keep us posted.

Im definitely going to stop by the city office sometime today.

I read through all of exactly what you posted me and it's already printed out and stapled to the written warning. :)

Like i said, the officer said something down the lines of, im quoting you on this statute although it doesn't pertain to your motorized bike exactly, which doesn't make any sense... lol
 
You should have hit the kill switch and just pedal when you saw ole smokey. Here in CO I think its legal to ride but the law is so vague Im not sure. I always pedal and turn the engine rpm down or off when I see a cop and never YET have had any problems. If your always pedaling then the motor is just assisting you and not driving the bike just by the motor. Legal loophole I hope will some day help me. Also with motor assist you can claim ADA protection if you have a legit medical condition. Ever see a cop give a ticket to a guy in a motorized wheel chair? You still need to obey all the road rules though..................
 
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Sometimes ole smokey sneaks up behind you,once you see flashing lights its too late.
Legal loophole,nope it won't help you,you're lucky only if the cop doesn't show up for court.
Motorized wheelchairs and handicap mobility scooters are eletric, not gas and go 8-12mph and sometimes only on sidewalk.
 
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Ultimately, that just sucks, because in that PDF, it also states that an ELECTRIC bicycle is considered the same as a gas bicycle, and that you NEED a DL, to use one.

That's why I love my new home in Florida, no license needed for an electric bike (as long as you can't go over 20mph, with it).
 
Look what i found: http://www.legis.state.wi.us/lc/publications/act/2009/act122-sb137.pdf

2009 Wisconsin Act 122
[2009 Senate Bill 137]

"A motor bicycle is exempt from the requirement of vehicle registration with the Department of Transportation (DOT), while a moped must be registered with DOT in the same manner as a motorcycle."

Puttin THAT in my wallet! Excellent find!

Also, @sangesf, I think that clause at the end is to help enforce that a 'low speed electric bicycle' is also not a moped.
 
Basically from what I've read here so far, is this...

Moped = Moped
Gas bicycle = Motor Bicycle
Electric bicycle = Motor Bicycle

Mopeds need to be registered because they have an INTEGRATED motor

Motor Bicycle (gas or electric) does not need to be registered.

In order to ride ANY of the three you need at least a Drivers License.
 
almost Everyone has a drivers license, but if you don't need plates then no one will pull you over to check for a license.

and no one will pull you over on a electric bike.
 
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