You are exactly right Simple Simon... My Bicycle with an Assist Motor, does not qualify under the statute as written as a "Motorized Bicycle". My Bicycle is also not a "pocket bike" or "go ped" or "scooter" or "moped" or "motorcycle".
My Bicycle with an Assist Motor is just that, a Bicycle first and just does not meet this very specific definition. I studied this statute, plus the local laws here in Baton Rouge to specifically set up my transportation so it does not violate any laws.
I believe this particular law is written, as well as the Federal Mandate for Bicycles with Electric Motors, to encourage people to use alternative forms of transportation. Why specify engine size, horsepower and such if only to require the same encumbrances as a motorcycle? If Bicycles with Motors were meant to be defined as a motorcycle or scooter or moped, the law would state that in the definition. However, a motorcycle and a Bicycle with a Motor are treated and defined as two separate "things" in this statute.
Before the authorities worry about me on my Bicycle, they should concentrate on the dozens of children I see every day without helmets riding, despite being required by Louisiana Law.
Another citation from LA Statutes:
"Every person riding a bicycle upon a highway of this state shall be granted all of the rights and shall be subject to all the duties applicable to the driver of a vehicle by this Chapter, except as to special regulations in this Part and except as to those provisions of this Chapter which by their very nature can have no application. (RS 32:194)"
Another from Baton Rouge City Code 11:1 -
" Motor vehicle shall mean every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but excluding a motorized bicycle.
Motorcycle shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor and excluding a motorized bicycle.
Motor-driven cycle shall mean every motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) brake horsepower, and every bicycle with a motor attached.
Motorized bicycle shall mean a pedal bicycle which may be propelled by human power or helper motor, or by both, with a motor rated no more than one and one-half (1.5) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission, and which proceeds a maximum design speed of not more than twenty-five (25) miles per hour on a flat surface. "
By this local law definition, my Bicycle with an Assist Motor is excluded as being classified as a Motor Vehicle. This exclusion under Baton Rouge City Code means no Title, Registration, License, Insurance, etc. It took me a minute to find this again. I hope this helps...
