How to ride LEGAL in Colorado?
- Thread starter willfargo
- Start date
D
Deleted member 8310
Guest
How can they ban a bicycle that has no motor assist? This means little Johnny can't ride his bike? Looked at Colorado HOUSE BILL 09-1026 and found no referrence to Blackhawk, CO.
Black Hawk Bike Ban Appeal to Supreme Court
August 2, 2011-The Black Hawk bike ban case has been presented to the Colorado Supreme Court for consideration by the justices to hear the case following a district court ruling against the three cyclists originally ticketed for riding their bicycles through the town. The Colorado Supreme Court requires that all cases be presented for consideration and review prior to case selection. A decision on whether or not the case will go before the court is expected in the next several months.
To view the full press release, please click here. http://bicyclecolo.org/merchant/117/files/BlackHawkPressReleaseSupremeCourt0811.pdf
To view the Colorado Supreme Court application (1 of 2), please click here. http://bicyclecolo.org/merchant/117/files/2011-07-29PetitionforWritofCertiorariweb.pdf
To view the Colorado Supreme Court application appendix (2 of 2), please click here. http://bicyclecolo.org/merchant/117/files/BlackHawkSupremeCourtPetitionAppendix.pdf
(Please contact us for a high res version of the application documents.)
Black Hawk Appeal Started
April 2011-The three bicyclists who were ticketed last summer for riding in the town of Black Hawk are now appealing their citations in the Gilpin County District Court, after Black Hawk's Municipal Judge denied their Motion to Dismiss the tickets. An appeal brief has been filed by the defendants' lawyers, Shoemaker Ghiselli + Schwartz LLC. The brief explains why Black Hawk's bicycle ban contradicts state law and is not a reasonable exercise of police power. The City of Black Hawk recently filed an answer brief in response to the appeal.
Black Hawk Judge Affirms Bike Ban
Black Hawk’s Municipal Judge denied bicyclists’ Motion to Dismiss tickets received for riding their bicycles through the town this summer. The eight page order is available here.
Bicycle Colorado thanks Andrew Shoemaker and Paul Schwartz at Shoemaker Ghiselli + Schwartz LLC for their pro-bono representation of the defendants in this case. In addition Brad Tucker at ColoBikeLaw.com, Rudy Verner at Davis Graham & Stubbs LLP, and Duke law student Gael Hagen also have contributed volunteer resources and expertise.
We also thank the three participating bicyclists, Jamie Webb, Jeff Hermanson, and Mickey Jeronimus, who decided to pursue this matter rather than simply pay the fine. They are currently considering whether to appeal the decision to a higher court to determine whether Black Hawk’s (and its Municipal Court’s) reading of the law is consistent with Colorado state law.
Bicycle Colorado has taken the situation with Black Hawk seriously from the beginning, and we are considering a variety of strategic options based on this most recent ruling.
Things to do:
1.Please sign up for our eNews to stay informed on the issues and be ready to act!
2. Here is one basic reason why Bicycle Colorado exists-countering the threat of bike bans. If you want to see this ban overturned and prevent bans from spreading to other Colorado roads, please add your name to the list of people working to protect bicyclists’ rights.
Court Case Update
Wednesday, October 20- Attorneys presented arguments concerning the motion to dismiss the tickets given to bicyclists. The Judge heard from both sides and requested additional briefs to be submitted in ten days.
Court Case Underway
On Wednesday, August 18, three bicyclists that received tickets for riding their bikes in Black Hawk appeared in court for arraignment and pled not guilty based on an invalid ordinance. This initiates the legal process to determine the validity of the bike ban.
At the hearing, the defense attorneys moved to dismiss the charges and submitted a legal brief arguing that bike ban violates state law and is unconstitutional. Primary among the arguments are that the bike ban ordinance violates state law because it prohibits cycling on the access road connecting Black Hawk to other communities, and that it is unconstitutional because it treats Black Hawk citizens differently from visitors.
The city’s attorney has filed a brief in response and we have it posted here. The defendants have now filed their reply brief and a hearing is set for October 20.
Special appreciation goes to Andrew Shoemaker and Paul Schwartz at Shoemaker Ghiselli + Schwartz LLC for their pro-bono representation of the defendants in this case. In addition Brad Tucker at ColoBikeLaw.com, Rudy Verner at Davis Graham & Stubbs LLP, and Duke law student Gael Hagen also have contributed volunteer resources and expertise.
Rally to End Bike Bans a Success!
Thank you to everyone who came out to show their support for bicycling on all public roads in Colorado at the State Capitol.
National Route Impacted
Our friends at Adventure Cycling have updated their route alert for riders using their Great Parks Route. The Black Hawk Bike Ban severs the route and the nearest detour is over Berthoud Pass.
To all the riders coming to Colorado to ride this route: we are working as fast as we can to lift the ban. Please check back before your trip.
Last edited:
D
Deleted member 8310
Guest
How foolish...
toddjlyons
Member
1. Say it's 49cc.
2. Don't go faster than 30.
3. Send in your $5 and change for your 3 year sticker.
4. Horn, light, Driver's License.
5. Insurance NOT required.
6. If stopped, be polite show them the motorized bicycle sticker, AND show them a copy of the ordinance. I don't carry this anymore, they're educated!
2. Don't go faster than 30.
3. Send in your $5 and change for your 3 year sticker.
4. Horn, light, Driver's License.
5. Insurance NOT required.
6. If stopped, be polite show them the motorized bicycle sticker, AND show them a copy of the ordinance. I don't carry this anymore, they're educated!
PhoobarID
Member
Got the paperwork ready to go (I believe...except for the proof of insurance)...but I can't find anyone who will insure an MB. One company I found will register an electric MB...but they claimed they never heard of a gas engine model and refuses to even consider writing a policy. Even contacted Geico who I use for my car insurance. If I had a 50cc scooter I bought from an individual or a dealer...they would've had my policy ready in about 10-15 minutes...but an MB...they won't touch it. The law says we have to have insurance...but no company wants to touch a MB. If the state wasn't trying to extort as much money through fees...I wouldn't be in this predicament. On the other hand...a buddy of mine with an electric hub just rides around without doing anything. I'm confused...especially since I never had these issues in either Arizona or Idaho.
You mentioned the bike's make/frame serial number on the paperwork. I'm confused. I put the year/make/model as the engine year/who made the engine/stock number on my invoice. How do I properly fill out the top quarter of this sheet?
Any information you can provide would be greatly appreciated. Never thought Colorado would make me jump through as many hoops and extort as much money from you as Idaho/Arizona...but was I ever mistaken.
You mentioned the bike's make/frame serial number on the paperwork. I'm confused. I put the year/make/model as the engine year/who made the engine/stock number on my invoice. How do I properly fill out the top quarter of this sheet?
Any information you can provide would be greatly appreciated. Never thought Colorado would make me jump through as many hoops and extort as much money from you as Idaho/Arizona...but was I ever mistaken.
Slogger
Member
All this crud about a peewee engine on a bicycle. I could tolerate laws about riders wearing eye protection, a 30 mph speed limit wouldn't bug me, a headlight at night, and maybe some regs about young teenagers, but that's as far as they should go. My lawnmower is small- for a little yard, and has 3 times the power of my motor-assisted bicycle. Yet here we are, pouring over reams of legalese to keep from getting fined or worse over riding a bicycle.
At least we know we're free, right Lee Greenwood?
At least we know we're free, right Lee Greenwood?
PhoobarID
Member
Have talked to 4 different insurance companies and they refuse to write any policy...because they don't want to take the risk. WTF...the risk is me dying if something were to happen...more than the damage which can happen to whatever car would try to run me over. On the other hand...I was told that if I had purchased a bike made on a manufacturing line...they could have my policy written in 10 minutes and take my money. With this...I asked what would've happened if I'd built a trike with a VW engine. They said they couldn't do it either. The truth is that you build it yourself...they won't touch it. You buy it...they are more than happy to stand there with their hands open because some legislator has been bribed with your insurance premiums.
With the way things are with my work (if I don't get the job I interviewed for yesterday)...I need to find a Canadian or European wife...move there and never come back. Don't think I would have this problem in any other place than the US where we have become what we fought & died against in WWII.
With the way things are with my work (if I don't get the job I interviewed for yesterday)...I need to find a Canadian or European wife...move there and never come back. Don't think I would have this problem in any other place than the US where we have become what we fought & died against in WWII.
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