Over 20mph in Tucson...you're a MOPED

[flyer1]

speed limits

ASfar as speed limits are concerned to my knowledge it's keef it at 20 mph or risk the chance of an officer citing you.The statute in Arizona states power assisisted under 50cc and 20mph or less and your good to go.The situation in Tuscon with Torques was unfortunate the legislation is somewhat vague.Apparently if you break the 20mph the can reclassify you as a moped.I can pedal the bike 25mph,if I push it I can get the R/S 35CC ABOUT 35 MPH maybe 40 mph but it not really nessesary.20MPH is cool and gets me where I need to go.I'm just as concerned as the next guy about the legal ramifications (i.e.ambiguity) and being cited,etc..As I said before I spoke with the local P.D. and he told just behave yourself on the bike and I won't bother you.He told me I know where you live and basically was very friendly and informative,he said if anyone gonna bust you It will be me.He told me to his reclollection,in 17yrs of traffic enforcement he has never cited a gent on a power assist bike.The robin 35cc is a blast,it's almost too much fun.I find I need to govern it a bit to keep from speeding,but first pull it starts the reliability is incredible.The 30 mpg range is adequate for my I just need a headlight that is brighter,the one I bought at ***mart is not making it.Gets a little scary at times.I hope I did not shoot my mouth off regarding Torques situation but I think the officer was unreasonable and the judge unfair.Wejust need to watch our a**** a bit and use our best judgement......God Speed.....Bill P /Az.

 

[Torques]

Don't give up Torques! Anything from the press? Maybe titled " How our fine city waste our tax money" or maybe " Does our city make new laws as they need them".
Remember torques that news paper I wrote you about, who doesn't care for the local politics.
Doc

As I have previously stated, the Tribune isn't interested in my story. In fact, I saw the reporter, that told me he wasn't interested, talking to the crook cop at trial (maybe a paid-off friend of his). The Scottsdale Republic is the newspaper that took the story but their obligation is to report the news, not do any commentary on it. A columnist could do a story on anything they want I guess, but they would need to have an interest in it. I assume since the story has been reported so far and no columnists have contacted me, they're not interested. I have no doubt as the appeal starts to unfold more news coverage will follow, expecially when I sue the city, cop, and judge.

 

[Dockspa1]

Hey Torques, How about placing a quarter page ad yourself? That my friend would attract some attention and the city surely wouldn't want to be seen as the a##h*&^$ they really are.
Do it, Tourques!
Doc

 

[jtotton770]

Taking history and personal experience into account you rarely go to jail by being reasonable . But if you give a cop a hard time then you will usually get one back sooner or latter.

 

[Dockspa1]

That I believe, can depend on the cops disposition that day. Did his wife leave him that morning for example.
The recieving end of the stick does not have that luxury.

 

[loquin]

28-2516. Motorized electric or gas powered bicycles or tricycles; definition

A. Notwithstanding any other provision of this title:

1. A certificate of title is not required for a motorized electric or gas powered bicycle or tricycle.

2. Registration is not required for a motorized electric or gas powered bicycle or tricycle.

3. Vehicle license tax is not imposed on a motorized electric or gas powered bicycle or tricycle.

4. A motorized electric or gas powered bicycle or tricycle is exempt from the provisions of section 28-964 relating to required equipment on motorcycles and motor-driven cycles and from the provisions of title 49, chapter 3, article 5 relating to vehicle emissions inspections.

5. A driver license is not required to operate a motorized electric or gas powered bicycle or tricycle.

6. A motorized electric or gas powered bicycle or tricycle may use rights-of-way designated for the exclusive use of bicycles.

7. A motorized electric or gas powered bicycle or tricycle is not subject to chapter 9 of this title.

B. this section does not prohibit a local authority from adopting an ordinance that regulates or prohibits the operation of motorized electric or gas powered bicycles or tricycles, except that a local authority shall not adopt an ordinance that requires registration and licensing of motorized electric or gas powered bicycles or tricycles.

C. For the purposes of this section, "motorized electric or gas powered bicycle or tricycle" means a bicycle or tricycle that is equipped with a helper motor that has a maximum piston displacement of forty-eight cubic centimeters or less, that may also be self-propelled and that is operated at speeds of less than twenty miles per hour.

***********
Unfortunately, here's the problem. The law is somewhat vague in paragraph C. If the motorized bicycle is operated at speeds greater than 20 MPH, it could be considered to be a moped. As such, it would not fall under the section A. That is how the prosecutor in Scottsdale with Torques' case twisted things, and the Judge agreed. And, even more unfortunately, that case set a judicial precedent in the state of Arizona. Even though the intent of the law was clear, as specified in section A, and even though a single statement that "operating a motorized bike in excess of 20 MPH should be handled as speeding violation" would patch the loophole, this is the current state of affairs in Arizona. :yuck:

 

[fredie]

i'm not griping about wanting to go more than 20mph...thats perfectly fine. but getting busted for going just a tad over, and getting another driving under suspension, no ins, no reg., AND impound? thats excessive.
isnt a fine enough? even a hefty one? going 36 in a 35 doesnt change your dodge neon to a top-fuel funny car.

i have heard this happening here in sydney aswell . on a petrol MB .the police took him and bike awayyou can go too jail for drive whiles disqualifiedand he was not speeding

 

[astring]

.

.

"operating a motorized bike in excess of 20 MPH should be handled as speeding violation" would patch the loophole.

We have many posters here from AZ, how serious should we get? I will call Linda Gray (my state rep.).
Should we put together money and try to hire a lobbyist (what does that cost and how do you do it?)

Should someone contact SpookyTooth and see how they pushed through this law in the first place (maybe they should take the lead on this since they have done this sort of thing before.

If anyone knows the guys at Spooky Tooth could you contact them and see how to patch that hole?

I wonder how hard this will be to fix (it may not be that hard because no one is "against" the idea and we have the "environment and it conserves gas" card)

 

[HoughMade]

Here is the deal- from a fellow motor-biker.

I hear all these complaints here like: "1 mph in a car wouldn't result in these penalties."

You (the nonspecific "you")want to be treated like any other car or motorcycle? Then get the proper license, registration, insurance, etc. That is what every other car has to have.

What you want is the benefit of an exception from these requirements, then a light penalty for thumbing your nose at the benefit that was given.

"Over 20 mph treated as a speeding violation"? The problem is, the definition of the exception you benefit from includes a max speed. Exceed the max speed, the exception does not apply and you don't get the benefit the only thing that happens is that the same law that applies to everyone else is applied. drive a car or motorcycle without a license, registration and insurance and the same circumstance applies. You act like you are being singled out when you have it within your ability to comply and apparently just don't think that non-compliance is a big deal. The choice is yours. Don't want to have to be licensed, register, insure? Do what the law says.

Sorry to sound harsh, but at first I see all this celebration over the Arizona law, and now there is bellyaching about the fact that they want to apply the law.

 

[astring]

"Over 20 mph treated as a speeding violation"? The problem is, the definition of the exception you benefit from includes a max speed. .

It is that definition that we want to change (and as citizens we have that rght). That change encourages fuel conservation and cleaner air (both for the public good). Why do you oppose the public good?