A vote on m.b. laws

Discussion in 'Laws, Legislation & Emissions' started by anthony1973, Jun 3, 2010.


Should there be one universal law pertaining to motored bikes In the united states?

Poll closed Jul 1, 2010.
  1. Yes I agree with your point and statements

    6 vote(s)
  2. No I do not think so

    3 vote(s)
  3. Undecided

    1 vote(s)
  4. Yes and no.I agree with some points.Disagree with others

    2 vote(s)
  1. anthony1973

    anthony1973 New Member

    I personally think 80/66 cc should be legal without registration.But 49 cc applies also here.Top speed legally of 40 mph being your bike Is sturdy enough for that.And That there should be one universal law Instead of state to state laws which differ greatly.I am doing a vote and just want some opinions or at least votes on this.If This goes the way I like I may try to start a petition Just for the heck of It.
    Last edited: Jun 3, 2010

  2. SimpleSimon

    SimpleSimon Active Member

    I'd go with a 50 cc maximum, or 2.5 hp. I'd also go with a 30 mph maximum speed. I would require headlight and taillights, and helmets.

    But most of all, I'd go with state's rights. The federal government has zero business legislating things which are properly the business of the states.
  3. PatrickW

    PatrickW Staff Member

    On State's Rights..

    I am by far, not a lawyer, but it seems we already have a Us Supreme Court Opinion on this:

    On Article IV USC

    Speaking for the majority, Justice Barbour seized the opportunity..."But we do not place our opinion on this ground. We choose rather to plant ourselves on what we consider impregnable positions. They are these: That a State has the same undeniable and unlimited jurisdiction over all persons and things, within its territorial limits, as any foreign nation, where that jurisdiction is not surrendered or restrained by the Constitution of the United States. That, by virtue of this, it is not only the right, but the bounden and solemn duty of a State, to advance the safety, happiness and prosperity of its people, and to provide for its general welfare, by any and every act of legislation, which it may deem to be conducive to these ends; where the power over the particular subject, or the manner of its exercise is not surrendered or restrained, in the manner just stated. That all those powers which relate to merely municipal legislation, or what may, perhaps, more properly be called internal police, are not thus surrendered or restrained; and that, consequently, in relation to these, the authority of a State is complete, unqualified, and exclusive."

    I may be wrong...I think we need a Constitutioonal Lawyer's Interpretation.

    Last edited by a moderator: Dec 15, 2015
  4. HoughMade

    HoughMade Guest

    I am a lawyer and part-time law professor- but would not call myself a Constitutional expert.

    However, I feel qualified to say that the federal government is only allowed to regulate the specific matters committed to it in the Constitution. That is whay there is so much debate about Congress' power under the "commerce clause." The federal government can regulate "commerce among the several states", but the question becomes- how expansively should that be interpreted? Is it simply and only commerce between the states? Is it anything that affects interstate commerce?

    From the teens, really taking off in the '30s, the definition was continually expanded (by the Supreme Court) so that Congress was allowed to regulate more and more things that had traditionally been the province of state governments. Starting in 1995, there was some push back and now just exactly where the line is, is a matter of debate.

    In sum- I say leave motor vehicle regulation in a state to the state itself.
  5. Yoda Bob

    Yoda Bob Member

    Push back, IMO, is a good thing. From states, and from their citizens!

    I, too, hesitate in suggesting MB specifications being made subject to federal law; however, I do envision the need for a substantial agreement among states as to what and what shall not be deemed permissible in terms of drivetrains, safety gear, and registration.

    Before encountering a boy on his motored bike, I'd thought my best cycling days were behind me. This sport has given me a new lease on an old dream. I'm thinking of multi-state tours as a real possibility in my (eventual) retirement. A cohesive agreement between states would make tour planning much easier.

    If it requires a federal mandate to bring this to life, count me in. I see it kind of like the EPA regs for automobile emissions. Meeting the minimum requirements of a federal standard, I could ride anywhere. Sure, I might not be able to register my 2-cycle MB in California, for example; but, I could legally ride through or visit the state.

    I've spent a fair amount of time lurking around in "MotoredBiking Laws and Legislation". The current state of legislation is as clear as MUD! There's significant disparity in regs state-to-state, and little apparent consistency in their enforcement with a state's boundaries. Something needs to be done to clear this up.

    I'm a believer in and advocate for grass-roots change. Gentle, vocal, and unrelenting "push-back" from responsible citizens, such as ourselves, could bring about beneficial change in the legislative aspect of our sport.

    Maybe there's an advantage in organizing. Is anything happenning on that front?

  6. The laws should be the same for electric and gas bikes for every state.
    But the states and government don't care, they drive cars why would they care.

    They could have a set number for speed and engine size and some states could have a higher limit but shouldn't have a lower limit or just not legal.
  7. Alaskavan

    Alaskavan Guest

    I don't see a space for "none of the above".
  8. occchopperfl

    occchopperfl Member

    Hi All,

    First of all, thank you to those who answered/ responded to my questions/emails. (i'm a little forum technology challenged) :)

    For overall ease of abiding by the law for the motorbike community, for me, id like there to be a nation wide law. (I know that wont happen)
    If not, at least a statewide law. Having it go down the city level seems like such a hassle.
    ie daytona beach fl ---> OK
    ormond beach fl ---> NOT OK
    ponce inlet fl ---> NOT OK


    Have can you give me your thoughts on Florida MB Law?

    For instance, i've heard that a few MBers got a tag so that there would be no problems with law enforcement.

    Based on what was recently posted, you cant do that?

    So what happens if you did get a tag, all "above board", and get pulled over Law Enforcement?

    Thank you. :)
  9. Happy Valley

    Happy Valley Active Member

    I don't see that happening either, just yet. We're still a micro demographic.
    One thing for sure, if it were to happen nationally, we can all say goodbye to any home-built MBs and say hello to DOT specific regulations.
  10. vern

    vern New Member

    good lord NO!!!! just obey bike laws as they are,use the whole peddal-assist arguement,or maybe think about running from the law!!!(bet i could loose them if i cut through your lawn).thats all i will say (don`t want to go into an hourlong rant about big gov(yes i`m one of those Ron Paul types))
  11. SimpleSimon

    SimpleSimon Active Member

    "Run from the law"?

    Realy, really bad suggestion. No one can outrun a radio, not too mention what might have been at worst a misdemeanor level traffic citation (and with the right attitude, a chance to brag on your bike and maybe convert another to becoming a fan) turns into a felony evading arrest charge, a confiscated bike, and road rash from getting tazed/tackled at speed. Enjoy your stay in jail, and then court appearances, and possibly prison.

    Learn the laws in your area. Either 1) comply with those laws, or 2) work within the law to get it changed, or 3) accept the risks of knowingly breaking the law and take your lumps when caught. You almost certainly already do just that every time you drive a car.

    Running like a little b1tch when pulled over is for stupid children.
  12. Just pull over, when in court some tickets will get dropped and you might only have to pay a little money, but if you take off and get caught which you probally will,good luck on that, i agree with above...

    I am from a small town with lots of cops, if you are from a big city or way out in the country then anythings possible.
    Last edited: Jun 11, 2010