Legislative control freaks in Oregon

[bamabikeguy]

The "federal law" typically referenced has been discussed at length here, and it is basically the Dept of Commerce administrative rules which define what constitutes a "motor assisted bicycle" for purposes of COMMERCE ONLY!

The foundation of the US Constitution was based on a failure, the Articles of Confederation so disrupted "commerce" that by the time $100 worth of apples left New Hampshire, passing through all the states, due to taxes and tariffs, it cost over $1,000 by the time it got to Georgia. (The Bill of Rights was an afterthought, the Founding Fathers were having major troubles regarding money and interstate commerce).

If a "motor assisted bicycle" truly meets the understood definitions, (which are now also being considered in two additional Federal Departments - Transportation and Energy) then that is the standard, the precedence.

In the Federal system, Commerce does override most other considerations.

In other words, Commerce is where "Standards and Measures" reside. Bumfuggle, Idaho or Pennywhistle, Texas is not allowed to change the volume of a bushel or the number of ounces in a ton.

The very first test of the new Constitution was the Whiskey Rebellion, corn being more valuable as alcohol than food. Uncle Sam didn't care much about undistilled corn, but once it has been converted into a beverage, they are the final say.

Local jurisdictions could no more reverse that definition of a "Motor Assisted Bicycle" than they could overturning the Americans with Disabilities Act.

As I understand it, overreaction in Canada to legislate "pocket-rockets" affected the entire industry, and that "speed limits" and "engine sizes" are usually the two things that get the matter in dispute, and over which locals can have any jurisdiction.

 

[ZnsaneRyder]

I saw a bumper sticker that says it all, "I'll keep my freedom, guns, and money; you can keep the "Change".

That's a good one.

 

[upshifter]

This is certainly an interesting and informative thread about government and its effects.

The thing is, that even though something is Constitutional, or un-Constitutional, it will sometimes stand unless the grieved party has enough political clout to challenge it in a federal court. In many cases legislators are appallingly ignorant, or they are unconcerned as long as the issue is soft enough not to jeopardize their ability to hold and keep office. Motorcyclists and motor-bicyclists have little if any political power.

Take safety helmets for example. If saving us from ourselves and saving the maximum number of lives is a goal, then all occupants of automobiles and trucks should wear safety helmets by law, and not only motorcyclists and bicycle riders. Legislators won't touch that issue. Can you imagine what a political storm that would cause from women alone? Probably over 50% of the population would fight it and it would become a hot issue. As I said, we riders don't have enough power in government to protect our rights.