Illinois update

Discussion in 'Laws, Legislation & Emissions' started by Warner, Jun 20, 2008.

  1. Warner

    Warner Member

    As some of you know from another thread that I started (and got WAY off topic with), I am trying to find out what it takes to be legal in the state of Illinois, and THEN worry about any local ordinances. I feel like if I could prove that I'm legal based on state of Illinois law, I would have a lot more leverage in dealing with the local municipalities. Here's what I found. The state of Illinois classifies an MAB as a "motorized pedalcycle" or moped, and then only if it meets the following criteria:

    A motorized pedalcycle (moped) is a motor-driven cycle. It produces two-brake horsepower or less and has a maximum speed of 30 mph. If the moped has an internal combustion engine, the displacement shall not exceed 50 cubic centimeters, and the power drive system shall not require the driver to shift gears.

    A moped driver must have a current, valid driver's license of any classification. A person without a driver's license who wishes to operate only a moped must obtain a Class L license. The owner must have a Certificate of Title and a registration plate must be attached on the rear of the moped.

    A moped driver may not carry a passenger unless the moped is equipped with a passenger seat and passenger footrests. If the moped is to be driven at night, it must be equipped with a white light on the front that is visible for 500 ft. and a red reflector on the rear that is visible from 100 to 600 ft. when in front of a vehicle's headlights. A red light visible for 500 ft. also may be used in addition to the reflector.


    I'm cool with all of this except for wondering about the part that reads "The owner must have a Certificate of Title and a registration plate must be attached on the rear of the moped."


    So with this in mind, I referred to an e-mail response that I originally received from the Secretary of State's office when I asked my initial questions that instructed me:
    "Should you have additional questions regarding this situation, please contact the Public Inquiry Division at (217) 785-3000. They will be happy to assist you."

    So I called them and explained my need to get some clarification. They promptly told me that I needed to call the Secretary of state police at (217) 782-7126, which I did.

    They then referred me to the Specially constructed vehicles division at (217) 557-2086. I left a message for that lady (Yes, ONE person in that "division"). Apparently in order to get a registration plate, I would have to build the bike and then get them to inspect it and put a number on it, and that's IF they would even consider the MAB for inspection, which I won't even know until I hear back from this lady, which felt like it could take weeks (listen to her voice-mail message to see what I mean!).

    At this point all I can do is wait and see what happens. I feel CERTAIN that if I had a registration plate on it I would NOT get hassled. I will of course keep everyone posted, but based on the vibe that I got, don't hold your breath!



    Warner
     
    Last edited: Jun 20, 2008

  2. HoughMade

    HoughMade Guest

    That sounds like the process- never did it with a motored bike, but when I was selling cars, I got many a truck built from a pile of parts issued an "Assembled" title in the state of Michigan.

    Next door to you in Indiana, the same specifications result in no need for registration or titling.
     
  3. CJH

    CJH Member

    Thanks for the update Warner. I'll be keeping an eye on this thread.
     
  4. bluegoatwoods

    bluegoatwoods Well-Known Member

    It's been a little while since I read the guide-book from the Sec/State office. But it seemed to me as though the law saw a distinction between "moped" and motorized pedalcycle.

    And the way I read it, there are simply no legal restrictions on motor assisted bicycles. (Maybe that's wishful thinking, but I didn't just grab at it because that's the way I wanted it; I read it carefully.)

    Now you do have the municipal ban to deal with. But I'll bet they recognize that high fuel prices are going to force them to differentiate these from the pocket bikes that this ordinance was obviously intended to deal with.

    and I'd be willing to bet that if you gave the cops a bunch of body language that says "I'm being cool" they'd look the other way. Of course I can't guarantee that. But I would try it if I were in your spot.

    Good luck!
     
  5. MasterLink

    MasterLink Member

    iam late geting out my house but let me tell you there are 3 new bike laws do a search in Google and we are all cool to ride man i have cops asking me to build them bikes.. i even went to a place where all the state cops hang out at they know the new laws get out of the moped se****ion and look into bike laws were all good here i even have the law in my cell phone just in case i get stoped
     
  6. Warner

    Warner Member

    MasterLink, when you have time could you send me links to these new laws in the works? Apparently the folks in the Sec. of State's office have NO clue about them. I think for the most part this is a HUGE gray area. As soon as I have met my wife's financial goals, I'll be ordering the Staton kit and riding the darn thing to work. Please follow up with me on what you know about IL laws or upcoming changes....

    Thanks!

    Warner
     
  7. Warner

    Warner Member

    MasterLink, I'm assuming these are the new laws that you are referring to? If so, I don't see any specific language in them that says motor-assisted bicycles are legal. Please tell me there's more to it.....thanks!

    Warner


    625 ILCS 5/11-703. Overtaking a vehicle on the left.
    (d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

    Second, Illinois Law now provides that a cyclist can signal a right hand turn with his/her right hand. To me this seems like common sense codified. Signaling a right turn with your right hand is more intuitive and clear than signaling a right turn with your left hand. I think lots of motorists probably don't understand such a signal.

    625 ILCS 5/11-806. Method of giving hand and arm signals.
    All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
    1. Left turn - Hand and arm extended horizontally.
    2. Right turn - Hand and arm extended upward, except that a person operating a bicycle may extend the right hand and arm horizontally and to the right side of the bicycle.
    3. Stop or decrease of speed - Hand and arm extended downward.

    Third, Illinois law now provides that a cyclist does not need to ride as close to the curb as practicable (as required by the current provisions of the Illinois Vehicle Code), but as close to the curb as practicable and safe. Presumably one could ride away from the curb as necessary for one's safety. Further, the new law would not require bicyclists to ride close to the curb when doing so would mean riding in a right turn lane when the cyclists intends to go straight.

    625 ILCS 5/11-1505. Position of bicycles and motorized pedal cycles on roadways -Riding on roadways and bicycle paths.
    (a)Any person operating a bicycle or motorized pedal cycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable and safe to the right-hand curb or edge of the roadway except under the following situations:
    1. When overtaking and passing another bicycle, motorized pedal cycle or vehicle proceeding in the same direction; or
    2. When preparing for a left turn at an intersection or into a private road or driveway; or
    3. When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, motorized pedal cycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this subsection, a "substandard width lane" means a lane that is too narrow for a bicycle or motorized pedal cycle and a vehicle to travel safely side by side within the lane.
    4. When approaching a place where a right turn is authorized.
    (b) Any person operating a bicycle or motorized pedal cycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
     
    Last edited by a moderator: Dec 15, 2015
  8. Warner

    Warner Member

    The way that I read the law, they classify the bikes the same way as a moped. They refer to them as "motorized pedalcycles" and then put (Moped) right next to it in the legal language, as if it's one and the same. Here's the specific language:

    (625 ILCS 5/1-148.2) (from Ch. 95 1/2, par. 1-148.2)
    Sec. 1-148.2. Motorized Pedalcycle. A motorized pedalcycle is a motor-driven cycle whose speed attainable in one mile is 30 mph or less, which is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears.

    Motorized Pedalcycles (Mopeds)

    A motorized pedalcycle (moped) is a motor-driven cycle. It produces two-brake horsepower or less and has a maximum speed of 30 mph. If the moped has an internal combustion engine, the displacement shall not exceed 50 cubic centimeters, and the power drive system shall not require the driver to shift gears.

    A moped driver must have a current, valid driver's license of any classification. A person without a driver's license who wishes to operate only a moped must obtain a Class L license. The owner must have a Certificate of Title and a registration plate must be attached on the rear of the moped.

    A moped driver may not carry a passenger unless the moped is equipped with a passenger seat and passenger footrests. If the moped is to be driven at night, it must be equipped with a white light on the front that is visible for 500 ft. and a red reflector on the rear that is visible from 100 to 600 ft. when in front of a vehicle's headlights. A red light visible for 500 ft. also may be used in addition to the reflector.



    Warner


    PS - I'm not trying to rain on anyone's parade, and I'm HOPING that someone can show me where or how I'm misinterpreting the law....
     
  9. MasterLink

    MasterLink Member

    625 ILCS 5/11-1505. Position of bicycles and motorized pedal cycles on roadways -Riding on roadways and bicycle paths.
    (a)Any person operating a bicycle or motorized pedal cycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable and safe to the right-hand curb or edge of the roadway except under the following situations:

    right there i have talked to cops here in Chicago its all good friend there not called mopeds the first line says we ride in the bike lane (operating a bicycle or motorized pedal cycle ) the mopeds are called mopeds ..and we are called motorized pedal cycle i have giveing my cell number out to about 4 cops so far and one state cop they all want them dont ask the state about this as there only there to make things harder on everyone and dont know the laws just paper work after this its a moped

    Motorized Pedalcycle. A motorized pedalcycle is a motor-driven cycle whose speed attainable in one mile is 30 mph or less, which is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears.

    we dont shift grears and under 50 cc i think hugh can chime in here he is a lawyer and thos are the new laws i was talking about that i keep in my cell

    here is a link to look at hope someone can make heads or tails out of it

    http://www.ilga.gov/legislation/ful...=51&GA=94&DocTypeID=HB&DocNum=2431&print=true


    its very old law or a bill iam not sure

    these look like laws here

    http://ilga.gov/search/LISGSApage.asp?entqr=0&site=ilcs&q="motorized+pedalcycle"&start=0
     
  10. Warner

    Warner Member

    I'm not disagreeing with you about where on the road a motorized pedalcycle should ride, which is what the laws you linked to are talking about. The part that I'm questioning is the DEFINITION of a motorized pedalcycle. I think it's pretty clear that the Illinois law treats them the same as mopeds, meaning a valid driver's license is required, as well as (and this is the kicker!) a registration plate, which you can only obtain if you have a title for the "vehicle".

    Warner
     
  11. Warner

    Warner Member

    At the end of the day, I'm just going to build the darn thing and RIDE it, and see what happens. If I'm not riding like a total A-Hole, I could see a cop questioning his knowledge of the law enough to leave me alone, IF he even noticed me in the first place.

    Warner
     
  12. ihatemybike

    ihatemybike Member

    Yeah, fight the power!....or at least try to fly below the radar.
     
  13. MasterLink

    MasterLink Member

    Warner,,,

    it all looks like **** all the laws .. but i will tell you from first hand .. my join date is when i pulled my motor and went riding and i do 25 miles every day to downtown i havent missed a day goin to work ...and i fliping wave at cops i talk to cops i have a few numbers of cops its not a moped not once a cop said it was anyways i never seen a moped ride in the bike lane.... build it man u will see i have been very happy with the cops here .every one love my bike i cant tell you that enough chics give me the thumbs up anyways i need a riding buddy come on man just do it
     
  14. Warner

    Warner Member

    I believe you man....it's just that you're in the city; I think cops pay less attention to little things there. Out in the 'burbs (and I'm thinking SPECIFICALLY Hoffman Estates) they may get bent about it. I'd like to think that they WOULDN'T, but who knows?

    Warner
     
  15. MasterLink

    MasterLink Member

    yea point well takin////this was like 20 years ago but ,they took me to jail once after i went to court with no licenses and then i locked my keys in my girl friends car i was driveling (she wasn't there ) asked for help they got me in my car then let me drive out the court house . i made a right then they pulled me over ..yea i hate that town .. i have a ax to grind with them lets take my bike into them talk to a Sargent see what he says but i been on roads like them there scary cas the cars are goin so fast and not a lot room
     
  16. Warner,

    What's the latest? Have you had any issues?
     
  17. Warner

    Warner Member


    Haven't ridden it enough to have issues yet - just around the neighborhood. I have my engine fairly well disguised though. Now I just want to make it quieter! I did see "the man" at a 4 way stop on my bike yesterday, but I was just rolling up to the stop sign at idle, so I'm sure he didn't hear my engine...and I'm REAL sure he didn't SEE my engine. I will keep you posted!

    Warner
     
  18. CJH

    CJH Member

    Warner,
    Do you have any pics of your bike?
    Carl
     
  19. Warner

    Warner Member

    Yes, but not in it's latest form....besides replacing the seat and pedals and adding a bar end mirror, I've added some "pet screen" on the back of it which allows the engine to still cool, but without being visible. I will post some current photos tonight. Here are a couple that show what it looks like basically:

    Without the bags or bag brackets:

    http://i224.photobucket.com/albums/dd265/warners_photos/MAB11.jpg



    Looking from the left side with one bag installed:

    http://i224.photobucket.com/albums/dd265/warners_photos/MAB.jpg



    Looking from the right side with both bags installed:

    http://i224.photobucket.com/albums/dd265/warners_photos/MAB16.jpg



    A look at the brackets that I made to support the bags:

    http://i224.photobucket.com/albums/dd265/warners_photos/MAB18.jpg


    Hope this helps,

    Warner
     
  20. Zev0

    Zev0 Member

    Ingenius Warner. Kudos
     
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