End of the line for internal combustion engine and electric motorised bicycles in Australia

Discussion in 'General Questions' started by Fabian, Jan 1, 2017.

  1. Barnfresh

    Barnfresh Member

    No mention of "Monkey Bikes" either.

    http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/s3.html

    Scroll down to:

    S. 3(1) def. of miniaturised motor cycle inserted by No. 70/2016 s. 23.

    "miniaturised motor cycle" means a motor vehicle with 2 axle groups and an internal combustion engine or electric motors that are capable of giving the vehicle a top speed in excess of 25 kilometres per hour and that—

    (a) has not been certified through the Commonwealth Road Vehicle Certification System; and

    (b) has not been conditionally registered by the Corporation; and

    (c) is not excluded from the definition of motor vehicle;

    "motor cycle" means a two-wheeled motor vehicle and includes a motor cycle with a trailer, forecar or sidecar attached;
     

  2. JGH122

    JGH122 Member

    The saving grace is a "motorized bicycle" is NOT a "motor vehicle" and can not be registered as anything other than a bike.
     
  3. JGH122

    JGH122 Member

    Lawyers and cops will do almost anything to maintain their income production.
    Sooner or later they will come for you motor assisted bike owners.
    Mark my words, ladies and gentlemen they are coming as sure as the sun shines, the wind blows and the grass grows.....expect them.
     
    Fabian likes this.
  4. Fabian

    Fabian Well-Known Member

    The legislation does not refer to pocket bikes specifically. It "includes" pocket bikes in the amendment to the Road Safety Act 1986.
    The new offence is Road Safety Act 1986 , 65C(1)

    The big issue is that the police can now "impound" the motorised bicycle, and have it transported (at your cost) to the impound yard. The release fee is $800 and that's before all of the other fines and charges.
     
  5. Fabian

    Fabian Well-Known Member

    A motorised bicycle with proper motive power is now classified as a motor vehicle in Australia, even if it cannot be registered.
     
  6. Street Ryderz

    Street Ryderz Active Member

    They are not legal here either and try to say that its a motor vehicle and try to charge an operator with operating a motor vehicle,being uninsured and unplated and anything else they can on the individual and Im sure they have got away with it at times!I personally have been stopped a half doz times so far and charged three times with only the first one held against me!The first one was an eye opener though, I went to court after having my bike confiscated and had been charged with all the above plus speeding, And told the judge and the crown that I was ridding a bicycle that was power assisted and that the law say's that a combustion engine under 50cc displacement on my bicycle cant be considered a motor vehicle.Well the crown stood up and said show me where it says that!I was taken aback and said it's not like I have it in front of me but last I checked thats what it said!He then told me to look it up again and set another date for the case to be heard,I went home and looked it up and of course it has been changed and now says that any combustion engine is prohibited and would make it a moped!So back in the court I said they cant call my bicycle a moped because it was not manufactured to meet the governments safety standards or is it registered as such,and thats where the gray area comes in to play!they still charged me for speeding and operating a restricted vehicle on public roads! I have been stopped a few times since and charged twice but then had the charges dropped after referring to previous cases that all had the charges dropped due to not being able to classify them properly! So now when I see a cop I just pretend to peddle so that they cant say it was under engine power only!
     
  7. RTVFARMER

    RTVFARMER New Member

     
  8. RTVFARMER

    RTVFARMER New Member

    Is this law australia wide....im in wa
     
  9. FurryOnTheInside

    FurryOnTheInside Well-Known Member

    Can you put a sheepdog on the back and call it a farm vehicle?
     
  10. Frankenstein

    Frankenstein Well-Known Member

    That's an interesting idea right there actually, how many ears of corn must you be transporting before it's considered a farm vehicle. I suppose one is enough by the law of possession.
     
  11. Frankenstein

    Frankenstein Well-Known Member

    In Chicago or some other irrelevant city it's illegal to have a bat in your vehicle.

    Unless you also have a baseball mitt.

    Loophole let's you carry a bat around to bust people's heads in legally (carrying the bat not the head busting) if you need to.
     
  12. FurryOnTheInside

    FurryOnTheInside Well-Known Member

    Similar here. You can keep a rounders bat beside the bed in case of cat burglars, but if you hit them with it they can prosecute you. . .
    unless you also have a rounders ball.

    But this is probably getting off topic.


    We have similar laws to Oz, here in UK; but I've seen two motored bikes ever and both were going slower than I can run, rider staring down between his legs and looking puzzled at the spluttering engine.
    It hasn't put me off building, but I'll commit properly to the 2-stroke ICE as late as possible in the build.
    Anyway I'll be keeping to the off road cycle paths as much as possible, not going back and forth, back and forth on the same stretch, using every stealth mod known, and most importantly: removing the jackshaft chain if and when I do have to go on a public highway through a town.. Because it is only a motorcycle when the engine is connected to and powering the wheel.

    I don't think it's the end of the line for motorised bicycles, just the end of the open road.
     
    Last edited: Jan 12, 2017
  13. butre

    butre Well-Known Member

    you're pretty naive thinking cops know the law. they're trained to make money for the state, actually knowing the laws they're meant to be enforcing is well outside their job description.

    they're just cops, and you shouldn't take anything they say as fact until you find one that's had four years of law school
     
    Last edited: Jan 8, 2017
  14. Fabian

    Fabian Well-Known Member

    That's why they have a police legal department, filled with people that have years of law school under their belt.
    The police legal department has clarified that the new laws completely ban all motorised bicycles, including internal combustion engines that comply with the 200 watt limit, and electric powered motorised bicycles that comply with the 200watt regulation but fall outside of the technical requirement for the pedals to be turning to provide power assist, and to disable power input when the bicycle exceeds 25 k/ph (15.5 mph). Monkey bikes are included in the revised regulations.

    The revised laws are only for Victoria, but history proves that the other Australian states quickly follow draconian measures dreamed up in the state of Victoria.
     
  15. jaguar

    jaguar Well-Known Member

    sorry to hear of your troubles Fabian.
    time to get a moped.
     
  16. Frankenstein

    Frankenstein Well-Known Member

    I do wonder, why is it that you can't register one of these? Is it just because you can't aquire a title or something?
     
  17. Street Ryderz

    Street Ryderz Active Member

    They can't be registered here because they do not have a vin # that was applied buy a manufacture that meets the safety standards set by the ministry of transportation,and therefore no company to sue if found at fault!
     
  18. Frankenstein

    Frankenstein Well-Known Member

    I think Fabian has enough experience to be considered a safe manufacturer.

    Know any custom motorcycle builders? One could convince a friend to fix you up with a vin and an mco that could get you a title.
     
  19. JGH122

    JGH122 Member

    You have no evidence to support that claim. (in canada they are referred to as a "prescribed vehicle"
     
  20. JGH122

    JGH122 Member

    That is irrelevant. The importer must meet DOT requirements to be able to be issued a registration card and plates. Most mopeds (Yamaha, Honda, Puch, JAWA, etc) even though they have peddles still need registration and plates because they entered the country with a DOT registration plate that has a 17 digit ID #.
     
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