A vote on m.b. laws

Should there be one universal law pertaining to motored bikes In the united states?

  • Yes I agree with your point and statements

    Votes: 6 50.0%
  • No I do not think so

    Votes: 3 25.0%
  • Undecided

    Votes: 1 8.3%
  • Yes and no.I agree with some points.Disagree with others

    Votes: 2 16.7%

  • Total voters
    12
  • Poll closed .

anthony1973

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I personally think 80/66 cc should be legal without registration.But 49 cc applies also here.Top speed legally of 40 mph being your bike Is sturdy enough for that.And That there should be one universal law Instead of state to state laws which differ greatly.I am doing a vote and just want some opinions or at least votes on this.If This goes the way I like I may try to start a petition Just for the heck of It.
 
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I'd go with a 50 cc maximum, or 2.5 hp. I'd also go with a 30 mph maximum speed. I would require headlight and taillights, and helmets.

But most of all, I'd go with state's rights. The federal government has zero business legislating things which are properly the business of the states.
 
On State's Rights..

But most of all, I'd go with state's rights. The federal government has zero business legislating things which are properly the business of the states.

I am by far, not a lawyer, but it seems we already have a Us Supreme Court Opinion on this:

On Article IV USC

Speaking for the majority, Justice Barbour seized the opportunity..."But we do not place our opinion on this ground. We choose rather to plant ourselves on what we consider impregnable positions. They are these: That a State has the same undeniable and unlimited jurisdiction over all persons and things, within its territorial limits, as any foreign nation, where that jurisdiction is not surrendered or restrained by the Constitution of the United States. That, by virtue of this, it is not only the right, but the bounden and solemn duty of a State, to advance the safety, happiness and prosperity of its people, and to provide for its general welfare, by any and every act of legislation, which it may deem to be conducive to these ends; where the power over the particular subject, or the manner of its exercise is not surrendered or restrained, in the manner just stated. That all those powers which relate to merely municipal legislation, or what may, perhaps, more properly be called internal police, are not thus surrendered or restrained; and that, consequently, in relation to these, the authority of a State is complete, unqualified, and exclusive."

I may be wrong...I think we need a Constitutioonal Lawyer's Interpretation.

PatrickW
 
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I am a lawyer and part-time law professor- but would not call myself a Constitutional expert.

However, I feel qualified to say that the federal government is only allowed to regulate the specific matters committed to it in the Constitution. That is whay there is so much debate about Congress' power under the "commerce clause." The federal government can regulate "commerce among the several states", but the question becomes- how expansively should that be interpreted? Is it simply and only commerce between the states? Is it anything that affects interstate commerce?

From the teens, really taking off in the '30s, the definition was continually expanded (by the Supreme Court) so that Congress was allowed to regulate more and more things that had traditionally been the province of state governments. Starting in 1995, there was some push back and now just exactly where the line is, is a matter of debate.

In sum- I say leave motor vehicle regulation in a state to the state itself.
 
Starting in 1995, there was some push back and now just exactly where the line is, is a matter of debate.

In sum- I say leave motor vehicle regulation in a state to the state itself.

Push back, IMO, is a good thing. From states, and from their citizens!

I, too, hesitate in suggesting MB specifications being made subject to federal law; however, I do envision the need for a substantial agreement among states as to what and what shall not be deemed permissible in terms of drivetrains, safety gear, and registration.

Before encountering a boy on his motored bike, I'd thought my best cycling days were behind me. This sport has given me a new lease on an old dream. I'm thinking of multi-state tours as a real possibility in my (eventual) retirement. A cohesive agreement between states would make tour planning much easier.

If it requires a federal mandate to bring this to life, count me in. I see it kind of like the EPA regs for automobile emissions. Meeting the minimum requirements of a federal standard, I could ride anywhere. Sure, I might not be able to register my 2-cycle MB in California, for example; but, I could legally ride through or visit the state.

I've spent a fair amount of time lurking around in "MotoredBiking Laws and Legislation". The current state of legislation is as clear as MUD! There's significant disparity in regs state-to-state, and little apparent consistency in their enforcement with a state's boundaries. Something needs to be done to clear this up.

I'm a believer in and advocate for grass-roots change. Gentle, vocal, and unrelenting "push-back" from responsible citizens, such as ourselves, could bring about beneficial change in the legislative aspect of our sport.

Maybe there's an advantage in organizing. Is anything happenning on that front?

Yoda
 
The laws should be the same for electric and gas bikes for every state.
But the states and government don't care, they drive cars why would they care.

They could have a set number for speed and engine size and some states could have a higher limit but shouldn't have a lower limit or just not legal.
 
Hi All,

First of all, thank you to those who answered/ responded to my questions/emails. (i'm a little forum technology challenged) :)

For overall ease of abiding by the law for the motorbike community, for me, id like there to be a nation wide law. (I know that wont happen)
If not, at least a statewide law. Having it go down the city level seems like such a hassle.
ie daytona beach fl ---> OK
ormond beach fl ---> NOT OK
ponce inlet fl ---> NOT OK

Houghmade?

Have can you give me your thoughts on Florida MB Law?

For instance, i've heard that a few MBers got a tag so that there would be no problems with law enforcement.

Based on what was recently posted, you cant do that?

So what happens if you did get a tag, all "above board", and get pulled over Law Enforcement?

Thank you. :)
 
Hi All,
For overall ease of abiding by the law for the motorbike community, for me, id like there to be a nation wide law. (I know that wont happen)

I don't see that happening either, just yet. We're still a micro demographic.
One thing for sure, if it were to happen nationally, we can all say goodbye to any home-built MBs and say hello to DOT specific regulations.
 
good lord NO!!!! just obey bike laws as they are,use the whole peddal-assist arguement,or maybe think about running from the law!!!(bet i could loose them if i cut through your lawn).thats all i will say (don`t want to go into an hourlong rant about big gov(yes i`m one of those Ron Paul types))
 
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