Do Motorized Bikes Fall Under Being A Pocket Bike? (California)

CarterTheEpic

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I recently got pulled over and fined under VC21720, since apparently motorized bikes fall under this category. Is this right? Everything I've seen as far as laws regarding motorized bikes go in California have been related to VC Section 406.
Could someone clarify this for me?
 
Under 406(a) though, it only seems to talk about electric bikes, not gas powered bikes. It seem that in California, motorized bikes don't fall under the requirements for 406(a) or 406(b), but they also don't fall under the requirements for being registered as a motorcycle.
 
1000 watts is 1.3 horsepower, it's just a different unit of measurement for the same thing. like centimeters and inches or gallons and liters.
 
I would bring a picture of a pocket bike and a picture of your bike in front of a judge and ask "do you think these two are the same?" :mad: if the judge says yes then its time to move out of the state... all jokes aside I think it is contestable because cops and even some dmv folks often don't know the law though don't say that in front of a cop directly...
 
The problem is that while the bike is not a pocket bike I think most motorized bicycles in California do need to be registered and you need at least a M2. If you don't have that I am not sure which penalty is more costly the pocket bike violation or not having the proper documents and licenses for an actual motorized bike. But, the other interesting thing is that if you provide documentation and cite correct CA ordinances defining a motorized bicycle can the judge fine you for not having the proper licences and registration in court OR retrospectively cite you? I think not but I am no law expert. What exactly is your bike also?
 
How would I have to register it? I'm wondering the same thing about the fines though, I wouldn't want to be hopping out of the frying pan into the fire. Could you tell me what CA ordinances I would need to cite and what documentation I would need to have?
The bike has the frame of an ocean cruiser, but with a new fork and new handlebars. The engine is 49cc and it's a single gear. I have the bike currently set to go around 20mph. I'll be able to upload a pic later today.
 
I don't live in California but I would cite the CVC 406(a) which defines a motorized bicycle. The interesting thing is that the CA DMV is distorting the interpretation of this code. First off they say it has to be no more than 2 HP but the code saids 4 HP. Secondly, they list the criteria for a motorized bicycle to make it seem inclusive of an electric motor, which if you read the code below it is not saying that at all.

Seriously, when I went to ask questions at my local DMV about my electric bike in Wisconsin the idiot said if it has a motor it needs to be registered and insured. I wish I could have called the manager on him for incompetence but I left. Do not rely on the DMV for information; look it up yourself and know your rights.

That being said. I think you need to have it registered and whatnot and have at least an M2.
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406(a) A “motorized bicycle” or “moped” is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

http://leginfo.legislature.ca.gov/f...EH&division=1.&title=&part=&chapter=&article=
 
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