Australia 66cc Legal if peddling ?

[Fabian]

The only way you can be safe from getting traffic related charges slapped upon you are to carry manufacturers documentation that proves your motorised bicycle engine complies with the rules set out by the traffic authority (being Vicroads if in Victoria).

I've asked the retailer in my area who sells Chinese motorised bicycle kits to give me manufacturers documentation that states the engine complies with the 200 watt ruling.
They just looked at me and laughed!

Fabian

 

[Dameize]

Is it actually legal to have the motor attached but not use it though?

e.g. A relative has private land and when there i use the motor but at home i only even pedal.

 

[Fabian]

As far as i understand, you can do whatever you want on private land.

I understand the thrust of your arguement - if the engine isn't operating, is the motorised bicycle classified as a normal pedal bicycle.

I'm not sure - i think the police would say that the bicycle had an engine outside of specifications listed by Vicroads, even if the engine is not operating.

They could make a case by saying a motorbike (solo vehicle) is still classified as a motorbike and needs to be operated withing the traffic code, even if the engine is not running.
The example i could use would be if a person was able to run alongside a motorbike on a walking path pushing it faster than 20 kilometers per hour - it's still a motorbike with all the functionality of a motorbike and motor vehicles are not allowed on walking paths.

The debate is fruitless though as the police can slap whatever traffic infringements they want on you, even if not lawful.
It's up to the person involved to get legal representation at their own expense to fight the charges with no guarantee of winning on all counts.

It comes back to the point that in Australia, we take our chances on a motorised bicycle.

Fabian

 

[Fabian]

Yes, you can have a motor or engine attached to a bicycle if it makes 200 watts or less.
It's perfectly legal and this information is stipulated in the Vicroads rule book.

If you can get manufacturers information stating in writing and by means of product technicial specifications that the motor or engine produces not more than 200 watts, there is absolutely nothing the police can do about it, and if they issue a traffic infringement, you would immediately book an appointment with your solicitor and take the matter to court.
You would win the case and police would have to pay legal costs and nullify the infringement notice.

You may have to be careful though because in Victoria, the police could impound the vehice for 24 hours as a first offence if they want to use the anti-hooning legislation against you (travelling at more than 20 kilometers per hour on a motorised bicycle) and when the vehicle is impounded they could have a dyno check performed on the engine.
This would kill any chances of you making a strong case, even with manufactures information.

I say again - in Australia, all of us who ride a motorised bicycle that's not backed by manufacturer information stating the legality of engine output are taking our chances, and even with proper documentation, the police could impound your bicycle using anti-hooning legislation.

Fabian

 

[Dameize]

The engine is 66cc which is about 20x the 200wat limit and I live in queensland where internal combustion engines are 100% illegal unless on privateland. The main point i was hoping for was if pulled and the engine is not running I can simply say im using it as a bicycle and the engine is not engaged which is why I need to find out the information of if in queensland a bicycle with a motor is being used without the engine engaged is it still a bicycle. With me being under 18 would I get free legal representation because my parents would not be happy with me at all if it brought them into it and especially at their expense.

 

[reddbak]

Legality of 2stroke engine

It is illegal in all states of Australia to operate a normally foot or pedal-powered vehicle fitted with an internal combustion motor on a public thoroughfare. This is regardless of wattage.

edit: it is illegal in some states of Australia.

Click here for the official statement 'What is a Bicycle?' from the VicRoads website.

It won't matter what excuse you use for the police if pulled over on a public road or bikeway or footpath with a fuel using motor fitted to a scooter or bicycle or tricycle under your control. The only motor that can be legally fitted and used on a public thoroughfare is an electric with a max output of 200watts. This ensures the motor is for pedal assist only (auxillary power) and not the primary power source, which should be the rider.

On the upside however, unless a petrol-powered bicycle is being used as a motor-scooter or ridden in a hoon-like manner, most policemen will not waste time on this issue, especially in the suburbs or regional towns, and that is what we motored-bikers count on. My wife and I have ridden our 2-stroke bikes here in Bundy for 2 years without being hassled by the law.

 

[rooooboy]

reddbakk
I think you have mis read the vic roads rules, it is perfectly legal to ride a petrol ASSISTED bike in victoria, only if it does no exceed 200watts and he motor is NOT the primary source of operation. so theoretically if you buy a rock solid engine with the compliance plate fitted, its all legal down here. for now anyway.

 

[Fabian]

Yes, the Rock Solid Engine's 200 watt model is the only compliance listed petrol powered engine that can be fitted to a bicycle, because they back their claim with written documentation.

Anyway, here are the Vicroads rules:

It is not a bicycle if:

* the motor is the primary source of power (this includes electric scooters with pedals that are not built to be propelled primarily by human power), or
* the motor's power output exceeds 200 watts (whether or not the motor is operating).

These are considered to be motor vehicles. The rider will be required to hold a motorcycle licence and have the vehicle registered before it can be used on the road network, including footpaths and bicycle paths.

 

[reddbak]

Yah, my bad on that one, just my redneck paranoia showing, have added an 'edit' line.

 

[Dameize]

lol i live in brisbane queensland. Apparently its stricter here . Im just dissapointed its still illegal even if im pedeling . Today was a great example i was at my uncles house with my other uncle and his wife and my sister, they live at the other end of the suburb about a 20min walk. I was able to use the bike with the engine engaged to safely get from there to my house in under 2 minutes by sticking to the main paths (without any shortcuts). The only "hooning" i did was when going past the bus stop i probably should of slowed down a bit but there was only 1 person sitting down about 3m from the path so i did not bother. I was home atleast 15 minutes before my uncle and sister got back to my house (by foot).

The bike truly is great and I am loving it for just getting around the suburb locally every now and then. So it would be a shame to be fined or anything.