Forum "resources" in error on NM laws regarding MBs

[DAMIEN1307]

Hi folks,

I believe that what is posted under "Resources", within the forums on Page 2, as regards New Mexico laws referring to Motorized Bicycles as "Mopeds" is incorrect, as well as license being a requirement is also incorrect.

New Mexico Motorized Bicycle Laws

Section E. Motorized Bicycles Revised November 30, 2017 Motorized Bicycles are not considered to be mopeds or motorcycles. By current MVD practice, motorized bicycles are considered to be bicycles (not mopeds or motorcycles) and are not...

motoredbikes.com

This is what i have found from DMV.ORG where they first mention Mopeds etc which DO require a license to ride but no registration, and this, the next section, which discusses MOTORIZED BICYCLES as a seperate entity and treated differently than Moped standards

I do know that they must be single speed, (No additional gears), 49cc or lower, cannot exceed 25 miles per hour, and cities or counties can set other restrictions if deemed necessary...DAMIEN


NM Motorized Bicycles
Motorized bicycles are bicycles equipped with an electric or gas-powered motor designed to assist the rider.
Riders DO NOT need a license to ride motor-driven bicycles, nor do you need to register your motorized bike. When on the road, you are required to follow the same rules as regular cyclists in New Mexico.
Requirements may be stricter based on the:

• Size of the motor.
• Speed of the vehicle.
• City or county you’re riding in.

Please check with your local MVD office or call the New Mexico Motor Vehicle Division’s main office at (888) 683-4636 if you’re unsure whether your vehicle qualifies as a motorized bicycle.

 

[Sidewinder Jerry]

This stuff you posted is printed in a procedure manual used by DMV.ORG. When you go to the link You Posted the first thing it says is DMV.ORG is privately owned and isn't affiliated with any government agency.

I searched New Mexico law Chapter 66 of the motor vehicle statutes and could find nothing in there that backs up what this Privately Owned organization has printed about motorized bicycles in New Mexico law.

In other words if you're pulled over and given a ticket for no license a judge is going to go by NM chapter 66 statutes; not some Manuel printed by a privately owned organization.

 

[DAMIEN1307]

Thank you for your reply to this, but got to be honest with you, I have already talked to our local judge over coffee and showed him this and he told me that the NM statute was about as clear as mud and he routinely dismisses motorized bike cases and as a result, the PD and Sheriffs dept's. Do not persue them unless an accident, violations of rules of the road, or obviously unsafe equipment laws are violated...DAMIEN

Ps...I have my license...lol.

 

[Sidewinder Jerry]

Thank you for your reply to this, but got to be honest with you, I have already talked to our local judge over coffee and showed him this and he told me that the NM statute was about as clear as mud and he routinely dismisses motorized bike cases and as a result, the PD and Sheriffs dept's. Do not persue them unless an accident, violations of rules of the road, or obviously unsafe equipment laws are violated...DAMIEN

Ps...I have my license...lol.

The thing about the law is what one judge may dismiss the next judge may not. This is the reason I'm pointing this out to you. So if somebody else in some other District in NM reads this and thinks they don't need a driver's license to operate a motorized bicycle. Then they end up in front of some strictly by the book (legal statutes) hard nose judge who says they do need a driver's license.

When I first came on these forums I was told to post from the state's legal statutes and driver's handbooks as a source.

 

[DAMIEN1307]

Hi LR Jerry,

I searched New Mexico law Chapter 66 of the motor vehicle statutes and could find nothing in there that backs up what this Privately Owned organization has printed about motorized bicycles in New Mexico law.

Operators of motorized bicycles must meet legal requirements

The Roswell Police Department’s Traffic Division would like to inform and remind local residents who ride around town on bicycles that have been modified by the additions of gas-powered engines that there are laws that must be adhered to regarding these motorized bicycles.
The law defines such a vehicle as a “motor-driven cycle” and requires its operator to have a Class D license (the same type required to operate a regular vehicle). If the bike is capable of traveling at more than 30 mph or has an engine of more than 49 cubic centimeters.

Also this fron KOB news:

Page Not Found

www.kob.com

At the end of KOB news report in july 2019, the cop states the same highlighted portion above that license is required ONLY if over 49cc and able to achieve OVER 30 miles per hour...This is one jurisdiction in NM that does enforce the statutes.

Also found this from Official MVD site:

Chapter 18 - Other

Section A. Mopeds Section B. Electric Personal Assistive Mobility Devices (Segways) Section C. Neighborhood Electric Cars Section D. Bicycles Section E. Motorized Bicycles Section F. A

www.mvd.newmexico.gov

Motorized Bicycles are under Chapter 18...NOT chapter 66 as you, as well as our forum site, appears to be quoting from, mistakenly classifying them as mopeds and mistakenly applying moped regulations to motorized bicycles...DAMIEN

Section E. Motorized Bicycles
Revised November 30, 2017
Motorized Bicycles are not considered to be mopeds or motorcycles.
By current MVD practice, motorized bicycles are considered to be bicycles (not mopeds or motorcycles) and are not subject to the titling and registration requirements of the Motor Vehicle Code.

 

[Sidewinder Jerry]

Hi LR Jerry,




Operators of motorized bicycles must meet legal requirements

The Roswell Police Department’s Traffic Division would like to inform and remind local residents who ride around town on bicycles that have been modified by the additions of gas-powered engines that there are laws that must be adhered to regarding these motorized bicycles.
The law defines such a vehicle as a “motor-driven cycle” and requires its operator to have a Class D license (the same type required to operate a regular vehicle). If the bike is capable of traveling at more than 30 mph or has an engine of more than 49 cubic centimeters.

Also this fron KOB news:

Page Not Found

www.kob.com

At the end of KOB news report in july 2019, the cop states the same highlighted portion above that license is required ONLY if over 49cc and able to achieve OVER 30 miles per hour...This is one jurisdiction in NM that does enforce the statutes.

Also found this from Official MVD site:

Chapter 18 - Other

Section A. Mopeds Section B. Electric Personal Assistive Mobility Devices (Segways) Section C. Neighborhood Electric Cars Section D. Bicycles Section E. Motorized Bicycles Section F. A

www.mvd.newmexico.gov

Motorized Bicycles are under Chapter 18...NOT chapter 66 as you, as well as our forum site, appears to be quoting from, mistakenly classifying them as mopeds and mistakenly applying moped regulations to motorized bicycles...DAMIEN

Section E. Motorized Bicycles
Revised November 30, 2017
Motorized Bicycles are not considered to be mopeds or motorcycles.
By current MVD practice, motorized bicycles are considered to be bicycles (not mopeds or motorcycles) and are not subject to the titling and registration requirements of the Motor Vehicle Code.

What you're quoting from is chapter 18 section E of the NM Driver's Handbook. Chapter 66 is the NM actual legal statutes.

However a Driver's Handbook can be used in a legal defense. I'm in total agreement with you in that I wouldn't go over 50cc, have an automatic transmission system and stay under 30 mph. Then the build will simply be viewed as a bicycle and not require a driver's license in NM.

Now here's a good one for you there isn't anything that says the bike can't shift engine driven gears. They just need to be done automatically like my bike does. It shifts 7 engine driven gears automatically. I'll be doing a thread on it soon.

 

[DAMIEN1307]

Revised November 30, 2017

Note that this is a revision date. It may well have been different from this prior to 11/30/17 when the forums first posted that ditty that resides there at the moment....(They do preface this by saying, ("By current MVD practice")

Now here's a good one for you there isn't anything that says the bike can't shift engine driven gears. They just need to be done automatically like my bike does. It shifts 7 engine driven gears automatically. I'll be doing a thread on it soon.

That is a cute trick, though i wouldnt need this myself, im going to be very intrigued to "read all about it"...lol...DAMIEN

 

[Sidewinder Jerry]

Note that this is a revision date. It may well have been different from this prior to 11/30/17 when the forums first posted that ditty that resides there at the moment....(They do preface this by saying, ("By current MVD practice")

That is a cute trick, though i wouldnt need this myself, im going to be very intrigued to "read all about it"...lol...DAMIEN

Very true often the websites can take some time catching up to recent revisions.

 

[Frogslayer]

So if you do have your DL in NM, then you can legally build your bike bigger than 49cc and faster than 30mph? Am i reading this right?

 

[DAMIEN1307]

Hi Frogslayer,
That is true but than your bike gets reclassifed and you may be subject to the title and registration and insurance requirements of the Motor Vehicle Code.