Texas Motorized Bicycle Laws -- Tickets

License Not Required & Registration Not Required

  1. mouchyn

    mouchyn New Member

    Ok, this is going to be a long post about my experience the last two months using my motor bicycle as my primary transportation in College Station.

    After nearly two months of daily riding, I was issued citations for non-valid inspection, registration, and insurance while riding in a bike lane on campus at Texas A&M University. The University Police department officer couldn't tell me what my bike would be classified as. He could only tell me that he knew it was illegal. There has been an explosion in motor-bicycle popularity in our college town and officers have a directive to seek out and cite the motor bicyclists in the area. This set me on a path of making my bike legal.

    After many conversations with various officials at TxDOT, Texas DPS office in Waco (central DPS office), University Police Department, Brazos County Attorney's Office, and a lawyer...I have discovered that my motor bicycle is officially classified as a "moped" in the State of Texas. That means the citations i received are valid and will likely not be dismissed. :mad:

    On to the legal definitions:

    http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm
    Texas Transportation Code (known herin as TTC)
    541.201
    (2) "Bicycle" means a device that a person may ride and
    that is propelled by human power and has two tandem wheels at least
    one of which is more than 14 inches in diameter.

    (8) "Moped" means a motor-driven cycle that cannot
    attain a speed in one mile of more than 30 miles per hour and the
    engine of which:
    (A) cannot produce more than two-brake
    horsepower; and
    (B) if an internal combustion engine, has a
    piston displacement of 50 cubic centimeters or less and connects to
    a power drive system that does not require the operator to shift
    gears.
    (9) "Motorcycle" means a motor vehicle, other than a
    tractor, that is equipped with a rider's saddle and designed to have
    when propelled not more than three wheels on the ground.
    (10) "Motor-driven cycle" means a motorcycle equipped
    with a motor that has an engine piston displacement of 250 cubic
    centimeters or less. The term does not include an electric bicycle.

    551.351. DEFINITION. In this subchapter,
    "motor-assisted scooter" means a self-propelled device with:
    (1) at least two wheels in contact with the ground
    during operation;
    (2) a braking system capable of stopping the device
    under typical operating conditions;
    (3) a gas or electric motor not exceeding 40 cubic
    centimeters;
    (4) a deck designed to allow a person to stand or sit
    while operating the device; and
    (5) the ability to be propelled by human power alone.

    Added by Acts 2005, 79th Leg., Ch. 1242, Sec. 3, eff. June 18, 2005.

    --------

    I am no lawyer, so my interpretation of the above definitions can only be accepted as "opinion."

    It's not hard to see how Texas State officials classify a motor-powered mountain bicycle as a moped. It IS a motor-driven cycle with a rider's saddle, a combustion engine smaller than 50cc (in my case), and a single-gear drive system attached to the engine. It is my experience that the motor bicycle does not achieve regular speeds of 30mph or more on flat ground -- no matter how much running space you have. I usually top out around 27 or 28 according to my Cateye computer and a few casual side-by-side automobile speedometer tests.

    When I built the motor bicycle, I had TTC 551.351 in mind. It seemed to me that my motor bicycle met all the criteria of a "motor-assisted scooter." I was told by a Texas A&M University Police department sergeant and the Brazos County Attorney for transportation affairs, Spencer Giles, that the seat and/or pedals of a bicycle do not qualify as a "deck designed to allow a person to stand or sit while operating the device." While this interpretation of the law is questionable, that one piece of 551.351 is the only clause keeping gas-powered motor bicyclists from being registration, inspection, and insurance exempt in Texas.

    That begs the question: What qualifies as a "deck?"

    There are no specifications for size, shape, or location of a scooter "deck" in the TTC.

    TxDot and the DPS told me (over the phone) that the stand-up "blade scooters" with gas engines are what that 551.351 definition describes. Basically a 2-wheel skateboard with handlebars, brakes, and a gas engine smaller than 40cc. I have seen these things zipping around campus without so much as a second look from passing University Police. That tells me the UPD officers are at least familiarized with the TTC enough to know that the death-machine blade-scooters are legal and unregistered motor-bicycles are not.

    Fine. You win, Texas. How can I register my motor bicycle as a moped and get it inspected? Turns out, you can't. Texas will only register approved/certified mopeds, according to the TxDOT vehicle registration FAQ: http://www.txdot.gov/frequently_asked_questions/vtr.htm . I follow that rabbit hole in to wonderland and find the information required to make MY motor bicycle a TxDOT-approved moped. I would need to form a corporation, register as a "manufacturer" with the City of College Station (so they get their piece of the tax pie, too), document/designate a make and model for my bike, generate a VIN (VIN requirements set by TxDOT), submit an affidavit to the state swearing, under oath, that the make and model listed meets all the requirements of a "moped" in the State of Texas. Talk about a hassle.

    This brings me to the insurance issue. Insurance is, obviously, required for registration and inspection. After another 10 or 12 phone calls I discovered that 99.9999999% of insurance companies will not write policies for mopeds of "unknown origin and reliability." Even your newly founded manufacturing corporation and TxDOT cerification is not enough to convince insurance companies to write a policy. You would need to find an independent insurance company/agent bold enough (if any exist) to write a policy for a homemade moped with unmarked chinese parts.

    Long story short, legal DIY gas-engine-powered bicycles are a pipe dream in Texas. Riders seeking motor-assisted bicycle transportation are currently limited to electric bicycles. Researching the legislation on electric bicycles also left me frustrated and confused.

    TTC 541.201
    (24) "Electric bicycle" means a bicycle that:
    (A) is designed to be propelled by an electric
    motor, exclusively or in combination with the application of human
    power;
    (B) cannot attain a speed of more than 20 miles
    per hour without the application of human power; and
    (C) does not exceed a weight of 100 pounds.

    Since I have become accustomed to riding with two-cycle power, top speed without human power is fairly important to me. Most people would agree that intermediate cyclists in decent physical condition can pedal a bicycle faster than 20mph for extended periods of time. It seems strange that the electric bicycle is limited to 20mph without human power while a 40cc gas-powered motor-assisted scooter is legal up to 35mph. That said, I'm sure there is a little wiggle-room in the rated, non-human-powered speed limit for an electric bicycle. Since electric bicycles are all legal at first glance, an officer would need to measure (with radar) the speed of the bicycle on flat ground for a reasonable distance without any human pedaling to have reason to cite a rider for an illegal electric bicycle. This could, potentially, be visually defeated by making sure you casually/deceptively pedal every few seconds. I think police around here would be, more or less, ignorant to electric bicycles simply because they are quieter and more bicycle-like. The exhaust noise of my two-cycle engine at full throttle is what got the the law enforcement's attention -- not the fact that i was zipping along at 28mph without pedaling.

    I am left with a few different options:

    1. Find out if it is possible for a clever lawyer to convince a (random) judge that the seat and/or pedals of a bicycle can reasonably be considered a "deck designed to allow a person to stand or sit while operating the device." A local judicial ruling could be enough to get the State to consider recognizing and regulating gas-engine-assisted bicycles as a new vehicle type (much like the electric bicycle). If I remember my government classes correctly, it is the judicial system's job to interpret the laws--not some dude at TxDOT or the DPS office...

    2. Somehow design a vehicle that works like a motor-bicycle, but incorporates what the State considers a "deck," which would undeniably classify the vehicle as a "motor-assisted scooter" instead of a "moped." I am currently brainstorming ideas using a recumbent configuration. More to follow on that.

    3. Build an electric bicycle capable of cruising at 28-30mph without pedaling. I have not researched electric bicycle design yet, but I worry about the weight, range, and maintenance of a battery bank. I was inspired by a forum member's idea to use a gas-engine as a generator. However, strapping a gas-engine generator totally blows the stealthiness of the electric drive train, thus attracting attention from law enforcement.
     
    Last edited by a moderator: Dec 18, 2015

  2. mouchyn

    mouchyn New Member

    Sorry for such a long read. I felt this was the perfect place to coherently collect my thoughts, opinions, and questions regarding my MB.

    Discussion and criticism (of my post) is encouraged.
     
  3. ZnsaneRyder

    ZnsaneRyder Member

    That sucks that the laws are so twisted and as adults we are not "allowed" to do what we want and travel as we please........

    That said......
    What if you could have a mini gas-engine generator in a backpack to power the electric motor for the bike, so the gas engine isn't visible?
     
  4. mouchyn

    mouchyn New Member

    Good thinkin! The sound is pretty easy to trace, regardless how invisible the gas engine is, though. I also wear a backpack with necessities everywhere i go...
     
  5. well ... this is good to know being that i live in texas as well ... but ive yet to have any trouble with any law enforcement ... we even have these makeshift carshow things in the parking lot some times and ive been there a couple times with it and a member of the PD in town frequents them (hes got a real nice camaro) ... what i have done so far is just not ask.. i knew theres a bunch of stipulations and such as you mentioned and id rather just keep it no big deal here in town...

    whats funny is i had read that motor assisted thing before and was even talking about it today with a good friend of mine about how and what kind of deck you could put on the bike and basically decided that i would do it ... and then i read this ... so ill keep you updated on the whole scooter deck thing ... im hoping it comes out even more "moped" like with it - like an old PUCH - but alsoput me into the power assisted scooter realm...
     
  6. Big Blue

    Big Blue Member

    How much are the tickets going to cost you? Any points?
     
  7. mouchyn

    mouchyn New Member

    Not sure, yet. The officer didn't give me any information on the fine/fee structure. I will find out in court next week.
     
  8. uggghhh i hate the point system
     
  9. sabrewalt

    sabrewalt Guest

    Texas

    Interesting, I have passed over 25 police officers in North Texas. I don't approach them or talk to them and I always go ahead and work the pedals if I see them before they see me. I broke down once and one police officer even stopped and asked if I need help. I declined and told him that I lived around the corner anyway and would just walk it home. (Bent the wheel). I wonder if a rack mount staton or dimension edge might get you by. With the motor off and the roller raised away from the tire, you are a bicycle that is "carrying" an engine around. No part of the power train is touching an engine at that point. Your experience really seems in contrast to the video of the TXDot spokesperson that said these were legal. In Texas since there really is NO definition for these things, it's legal until someone says otherwise.

    Keep repeating over and over.. Your honor, it's a bicycle, Your Honor, It's a bicycle. It's a Schwinn just like your grandson probably rides. Oh that... That's just for assist. And Judge, It's over 200 MPG. You should get one!!!
     
  10. it gets hot here in tx and sometimes ya need a break from pedaling so much ..
     
  11. Torques

    Torques Guest

    What a bunch of a holes. Don't they have anything better to do than hassle people like you? The police probably get hard-ons when they see a motor assisted bicycle coming.
     
    Last edited by a moderator: Dec 18, 2015
  12. mouchyn

    mouchyn New Member

    Do you have a link to this video? I'm very interested. I would love to take it with me to court next week...

    I agree that since the bike is not specifically defined in the TTC, it SHOULD be legal. Unfortunately, every official I spoke with said that since there is no definition for a motor-assisted bicycle, it has to be classified as a moped.
     
  13. Torques

    Torques Guest

    Nonsense, have them show you the statute that converts something unknown or that doesn't exist into a moped. That is fantasy legislation they are pulling out of their rears.
     
    Last edited by a moderator: Sep 20, 2008
  14. sabrewalt

    sabrewalt Guest

    Here is that story/Link...

    A good Lawyer should be able to rip their agruments to shreds. Since there is no law defining a bannana as a Bannana. they cannot call it an Apple. It's not a moped, It;s a bicycle.

    The Link may be hosed up so I printed the text out here.

    http://monitortx.onset.freedom.com/articles/smith_12355___article.html/bikes_bike.html

    or

    http://tinyurl.com/5xrxhw

    May 26, 2008 - 2:58PM
    Edwina P. Garza (Valley Morning Star)
    HARLINGEN - It may look like a typical bicycle, but the engine sitting on the frame makes all the difference.

    As the rider begins to pedal and release the clutch, its 40-cubic-centimeter engine starts to growl and the bike can accelerate up to 35 miles an hour - and save a biker from spending lots of money on gasoline.

    In this day and age, motorists are looking for a new means of transportation. While some pursue carpooling or public transportation and walking to avoid skyrocketing gas prices, others have turned to bikes.

    While a motorcycle may seem an obvious choice for some, Harlingen resident J.D. Smith uses his motorized bicycle.

    While living in Corpus Christi nearly a year ago, a friend introduced him to motorized bikes. A contractor for about 35 years, Smith thought building and selling the bikes would be a good way to earn extra cash.

    Currently, he is a student at Texas State Technical College, where he's taking government classes.

    "I like the 120 miles per gallon" of the motorized bike, he said. "And the low maintenance."

    The bike's gas tank takes two gallons of gasoline that can last "a couple of weeks," Smith said.

    In his motor-assisted bicycle, Smith has traveled through Harlingen to Combes, Rio Hondo and San Benito.

    "Everywhere I go, people are honking and waving," Smith said. "People pull up beside me and want to pull over to find out where to buy one."

    Smith assembles the bikes himself, separately buying 26-inch Kulana MoonDog Beach Cruiser bicycles and the gas motor engine kits. The kits cost $280. Smith said he assembles and sells the bike for $549.

    Unlike motorcycles, motor-assisted bicycles don't need special licenses, said Tela Mange, a Texas Department of Public Safety spokeswoman in Austin.

    But "they do have to adhere to traffic laws," Mange said of motor bike riders.

    Unlike motorcycles, the bike doesn't use a battery or key.

    Smith said the bike can reach speeds up to 30 miles an hour, but cautions that riders shouldn't go over 20 mph.

    "Because of potholes and railroad tracks," he said.

    In towns like South Padre Island, where destinations are only minutes away, Smith expects motor-assisted bikes to sell well.

    "I get about 12 calls a day about bikes," he said. "When they're ready to buy, there's no more questions."
    ____

    For more information about Texas Moon Dog motor bikes, contact J.D. Smith at (956) 281-2288.
     
  15. mouchyn

    mouchyn New Member

    TTC 541.201

    (8) "Moped" means a motor-driven cycle that cannot
    attain a speed in one mile of more than 30 miles per hour and the
    engine of which:
    (A) cannot produce more than two-brake
    horsepower; and
    (B) if an internal combustion engine, has a
    piston displacement of 50 cubic centimeters or less and connects to
    a power drive system that does not require the operator to shift
    gears.
    (9) "Motorcycle" means a motor vehicle, other than a
    tractor, that is equipped with a rider's saddle and designed to have
    when propelled not more than three wheels on the ground.
    (10) "Motor-driven cycle" means a motorcycle equipped
    with a motor that has an engine piston displacement of 250 cubic
    centimeters or less. The term does not include an electric bicycle.

    Most people would agree that the above definition of a "moped" accurately describes a gas-engine equipped bicycle. This is especially true when you consider the broad definitions for a "motorcycle" and a "motor-drive cycle." The only problem with using this definition is that human-power is not mentioned anywhere in any of the definitions. Since my bicycle is operated primarily under human power, I don't believe my bike is a "moped" by definition. It is motor-assisted -- not motor-driven.

    I believe my bike should be classified as a "motor-assisted scooter." The definition describes my vehicle much more precisely, in my opinion. The issue is the "deck designed to allow a person to stand or sit while operating the device" (551.351.4). So far, officials will not classify the seat and/or pedals as a scooter "deck." Since there are no specifications in the TTC for a "scooter deck" (size, shape, and location), I don't understand why a seat and pedals could not be classified as a "deck designed to allow a person to stand or sit while operating the device." The pedals and seat will both support the weight of the operator and are designed to be used while sitting or standing on the vehicle!

    The State needs to either more clearly define a "scooter deck" or recognize gas-engine bicycles as a new vehicle type. Otherwise, we're legally screwed.
     
  16. coab

    coab New Member

    I agree with sabrewalt. It is always better tobeg for forgivness than ask for permission. Who knows You may be the beginnings for change in the Great State of Texas. Let us know how it turns out. I'll even throw in a dollar for the fines. Where are the rest of you moped heads at. Give the man some moral support.
     
  17. it seems to me that i can very well sit on my bicycle seat as well as stand on my pedals when operating ... just as you said... i dont even see how you could say that wasnt at least ONE of the purposes lol
     
  18. mouchyn

    mouchyn New Member

    "Unlike motorcycles, motor-assisted bicycles don't need special licenses, said Tela Mange, a Texas Department of Public Safety spokeswoman in Austin."

    I will be investigating this person and her claim extensively next week. Good info!

    There seems to be a high degree of inconsistency at TxDOT and the DPS...
     
  19. mouchyn

    mouchyn New Member

    What do you guys think about this:

    Since there is no Texas law that specifically defines a gas-engine-assisted bicycle, shouldn't the Federal definitions/laws apply?

    I understand that State and Local laws supercede Federal law, but if there is no local or state law...the Federal law/definition should stand! This another point I will discuss with my lawyer. It seems silly that non-judicial employees of the DPS and/or TxDOT are given authority to "interpret the law" and authorize/uphold citizen penalties imposed under their interpretation.

    Federal law says as long as the motor is smaller than 50cc and slower than 20mph, it's a bicycle.
     
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