Australia 66cc Legal if peddling ?

[Dameize]

Basically im 16 at the moment and I know this will get scrutinized as its usually people my age ruining it for everyone else. Before I ask the question I will give you a brief over view of why I use the motor. Basically before getting it I rarely left my room and constantly did nothing at all. Since getting it ive been going out sometimes and still peddling at bits but also cautiously and properly using the motor not riding near cars and annoying them and being carefully and knowledgeable of pedestrians, so that is not an issue as I do not act like an idiot at all. I simply cruise at about 20kmph and then use it up hills, down hills i dont use it at all. My main issue is that in Queensland Australia they are illegal unless they are Electric only and below 200 wats. Obviously theres only a small chance of seing police but there is about 4 cars in my town with 2 of them constantly driving around on patrol who have not yet stopped me or bothered me as i generally kill the engine and pedal when I see them.

The question !. If I am peddling and they notice my bike has a motor can they legally do anything?. I mean if i see them and its on a path chances are i wont be going noticeably fast anyway so other than the noise they wont know especially if i kill it when i see them.

I need to know if anyone here from QLD has been pulled over and what happened? and also what they would do if you were taken to court over it with me only being 16 im guessing either my parents would be liable or I would get a warning if i play dumb and say i was unaware.

That is all the information I can really give and the main question from ^ was If when the police see me I am pedaling with the engine killed can they do anything if i state "I dont know what cc it is and i only use the engine when reaching hills".

Cheers, any advice is appreciated.

 

[Ieataxolotls]

Not good news but, I have read somewhere on these forums that people have been pulled over and fined. I am sure someone else will provide better information as I'm from Melbourne.

 

[Dameize]

Thanks for the feedback, were they pulled over while pedaling? or while actually riding it?

 

[Fabian]

Firstly, i would like to welcome Dameize to the forum.

It's refreshing to hear a younger person speak with so much common sense; using coherent, non textual language and i'm looking forward to reading Dameize's future input.

My experiences of riding a motorised bicycle in Melbourne are relatively positive, in that i haven't been pulled over by the police, even though being passed by unmarked and marked police vehicles on my trips to Melbourne's CBD district and also on the way home to the outer south eastern suburbs.

Using a disciplined approach to try and prevent standing out from the crowd has me waiting in line with traffic; not sneaking up to the front of the traffic lights; turning off the engine if noticing a marked or unmarked police vehicle and not using the engine on pedestrian walkways - plain common sense stuff.
Having said that, when on the road, i'm always pedaling and try to vary my cadence with terrain changes, trying to convey an impression from a distance that i'm just riding a conventional bicycle.
So far (whilst riding my motorised bicycle) i've travelled 5000 kilometers without any traffic infringements.

Fabian

 

[professor]

Boy, I sure agree with Fabian. You got your head together at 16!
I am also in a non-legal use situation here in New York, at the moment.
I went as far as hiding the motor under shopping bags, super muffled exhaust and intake (engine clatter is audible though). One thing I would add is to wear obvious safety gear so that you LOOK like an experienced, careful cyclist. You will also get more respect from motorists!
I wear a motorcycle helmet and safety vest or a bright white jacket, and I go road bike speeds- 20 mph.
Where is your motor?

 

[Dameize]

The motor is under the seat in the large Triangle/ V shape in the frame. Im not bike wise as far as frames etc go so i cant give you the correct name but im gathering you know what i mean . It is basically one of the 2stroke kits that go in the ^^ gap in the frame area and then use the chain to move the sprocket. My friend has one so I have gone for a ride with him a few times and Im overly enjoying the experience. He is slightly more daring though and actually rides on roads sometimes he has probably done about 3000km in total though and is more confident and road wise than my self. When we went to a place a few towns over i road on the gravel area at about 30/40kmph but he went on the road and kept up with the cars at 70ish. It is one of the Grubbeime (i think thats how you spell it) motors. The only thing close to the law that has stopped me has been a positive experience was when we were outside the local shops and a security guard was excited and asked us about it.

 

[reddbak]

Yup, what Fabian says is about it. Here in regional ueensland the wife and I have been motoredbiking for 2 years without a hassle. Have had some questioning looks from the local wallopers but I don't think they know the regs have outlawed the petrol engines in Oz.

Basically, if you ride it like a motorcycle you'll eventually get pulled over, especially if it's loud or you cut cagers off. But pedal most of the time (especially when you smell the boys) and use the engine for roundys and uphill and you'll likely be okay. Could be stricter in capital cities though.

 

[Fabian]

if your friend can keep up with cars, the police would know there is something wrong.

Expect your friend to have the book thrown at him sooner rather than later.

Fabian

 

[Dameize]

So if im not using the engine when they "catch me" can they legally do anything? like is it illegal to even have it attach or is it only illegal when in use. Because im guessing if I ever did get fined or anything and it was taken to court and I had research and knew what i was talking about they wouldnt do much if I had it confirmed the engine was not engaged when pulled over. And as for my friend when he goes out around the brisbane area he often goes on the side of the road and use roundabouts etc at a decent speed often keeping up or overtaking cars. I usually keep to the path or gravel/grass and only do about 20 or 30. Ironically the one time i was actually going fast was today down a very long path on the opposite side to my cross country and a police car saw me doing about 40 or 50 and went to go around the roundabout to pull me over but knowing the area and it being near my house i pulled into a nature walk and went through there and back to my house without getting caught. The reason i was going so fast was because there was no one at all on the path and it is a very long and straight stretch.

 

[Fabian]

This is the way things work: I have a friend who is a Victorian Police Officer.
He said the police can give you a ticket for anything and it's then up to the individual if they want to challenge the ticket.

What this means is that you have to challenge the ticket "at your legal expense" and if found innocent, the police have to pay your legal costs.
Remember that the legal department of the Victoria Police is backed by the Victorian tax payer and they have access to and can use limitless tax payer funds.
Even if you win your case, the police can easily appeal the decision if they feel they may be able to find a legal loophole, or if some government official wants to turn the case into a political staging post for his/her political career.

If the police want to nail your arse to the wall, there are a myriad of methods that can be slapped upon you, particularly if you're 16 years of age and wanting to go for your drivers licence.
Any driving related charges can affect the length of your probationary period or delay the date you can apply for a drivers licence, or both.

So basically, all of us in Australia are taking our chances.

Fabian