I got pulled over today.

[Taylor]

So, it finally happened today. I got rolled by a motorcycle cop. I was hoping it would be later rather than sooner, because I only finished my bike 3 weeks ago. It is a Schwinn Point Beach, powered by a Dax 70cc engine.

I was riding along a major street, and as I pulled onto my street, I heard "whoop-whoop". F*CK! Are you kidding me... So I pulled over, killed the engine, and hopped off the bike. I talked to the cop, and he said he pulled me over because I need to have all the same stuff a moped does. He listed off: turn signals, left side mirror, tail light, brake light, a moped license plate, a license plate light.... This whole time im thinking: "WTF, i can never get all this stuff onto my bike, so im done. Ill never ride it around here again"

I also, needed a Motorcycle helmet, M2 license, and insurance! "Man this bike is never gonna get used again... f*ck it" He was nice and didnt cite me for insurance, cause I had no idea i needed it. "Insurance for my bike?? WTF??" If he had cited me, it would of cost over $1000. :-/

What he did cite me for was: No motorcycle helmet, no M2 liscense, and no plates. I now have a court date on 6-27, and i go in front of a judge.

I guess my question is: what the **** do I do from here. Will I ever have a chance of riding my bike around here without turning it into a moped?

Sorry for all my *****iness. This is a ****in' great way to start my day

Thanks for any help guys,
Taylor

 

[ocscully]

Taylor,

I met you earlier this week in front of Mariner's Library. Were you cited by Costa Mesa PD or Newport Beach PD? What you need to do is familarize your self with the vehical code differences between a Moped and a Motorized Bicycle under Calif. Law. Then I would go by the Station and ask to speak with someone about how you were cited incorrectly? Don't go in all huffy and angry, just explain that what you were riding is a Motorized Bicycle and not a Moped, there is a difference under Calif. Law. But you do need to get the M2 liscence and you do need to get the one time registration. I'm not sure about the Motorcycle helmet? I'd get the registration in the mail ASAP and get the liscence and I bet the court will make the whole thing go away. But before you go to court you really need to familarize yourself with the Vehical Code. Unless there has been a change in the law just recently he was giving you bad information about the lighting and insurance. Start your research right here by searching for the threads about the law here in Calif. There are several threads about this subject. They can be very confusing but look for the posts with direct Quotes or extracts from the Vehical Code, explaining the differences between a moped and motorized bicycle.

good luck,

ocscully

 

[Jim H]

What you are riding is a motor assisted bicycle. It's all in the wording when it comes to legalities.

 

[thatsdax]

In most places...

Here in Colorado, anything over 49cc becomes a motorcycle. And motorcycles are subject to Government everything !! Insurance, Registration, plates, ect ect ect. Federal law also says it has to be under 50cc to still be a non motor vehicle. Check the Fed regs posted in here .

 

[kenster]

I wonder if anyone has been succesful getting one of these insured in California. No make, model number or real VIN.

 

[eltatertoto]

i read somwhere, you get a little license plate in cali so ya might wanna search that sorta thing? i dunno. but i feel yr pain. im going through the same thing as we speak.

 

[kenster]

i read somwhere, you get a little license plate in cali so ya might wanna search that sorta thing? i dunno. but i feel yr pain. im going through the same thing as we speak.

These are the facts so far from my research about the process in California.
The first part is pretty simple.
1.) Register by mail, but only once not every year(use serial on bike & motor). Motor has to be under 2HP & under 30mph. Put plate on the bike & carry the registration.
2.)Take the written test and get the temporary license.
3.)Safety Equip. your bike: I think adding the safety equipment listed below is also easy with the exception of the brake light being a tad more difficult. Also you're required to wear a DOT approved helmet.

Now you are almost good to go, you have a whole year to take the M2 skills test. The one problem now though is you are technically required to have liability insurance. see page 3 http://www.dmv.ca.gov/pubs/dl655/dl665mcycle.pdf I haven't researched this but I'm guessing this is almost impossible on a kit vehicle. If not though liability insurance should be cheap since it is on a low power motorcycle. A possible second problem, when you do go to take the M2 skills test on a bicycle, even with the safety equipment the DMV will freak out. It would be better if you could borrow or rent a vehicle for the test.

Now as I've learned from the original poster, everything you do on the list is a ticket you won't get when or if you get pulled over. If you are not going to or are unable follow the law then get a rack mount motor type kit so you don't draw attention to your self. The 2 stroke frame mount kits with the little motorcycle gas tank scream unlicensed vehicle.

From http://www.dmv.ca.gov/pubs/vctop/d12/vc24015.htm
Motorized Bicycle: Safety and Equipment Requirements
24015. (a) Motorized bicycles shall comply with those federal motor vehicle safety standards established under the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C., Sec. 1381, et seq.) which are applicable to a motor-driven cycle, as that term is defined in such federal standards. Such standards include, but are not limited to, provisions requiring a headlamp, taillamp, stoplamp, side and rear reflex reflectors, and adequate brakes.

(b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, and an adequate muffler as required in subdivision (a) of Section 27150.

(c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle.

Amended Ch. 421, Stats. 1978. Effective January 1, 1979.

 

[motman812]

California Mb laws

Sorry to hear of your problem Taylor.
Here's what I've found about the law in California regarding motorized bicycles.

California Vehicle Code ("CVC") 406 (a)
defines a motorized bicycle as having an automatic transmission, less than 2 gross brake horsepower and a maximum speed of 30 mph. The automatic transmission requirement disqualifies most of the Happy Times Chinese two strokes because they have a manual clutch.

CVC 670
defines a "vehicle" as a device by which any person may be propelled excepting a divice moved exclusively human power. (this explains why pocket bikes, go peds and all the like are illegal to ride on the street)

CVC 5030-5037
requires the display of a license plate and sets forth how to obtain one.

CVC 21200-21212
rules of the road for bicycles and motorized bicycles including DUI, the use of bike lanes, brake requirements, reflectors, seats, et al.

CVC 24015
requires motorized bicycles be equipped with a headlamp, tailllamp, stoplamp, side and real reflex reflectors and adequate brakes.

CVC 27801
seat and handlebar specs

CVC 27803
DOT helmet requirement

If you'd like to read the code sections you can find them (and all other California codes) at

http://www.leginfo.ca.gov/calaw.html

The rules may be stupid and not make any sense but those are the rules. In my experience I've found that you can't count on the police to be either stupid or unaware of the laws, as your experience has confirmed. In post 911 America the police have been granted far greater powers of search and seizure than they did before and anytime you're out on the street (or even in your own home) you have to look out for the police excersing that new found power.

I ride a 1981 Schwinn Cruiser 5 with a Staton Honda friction drive that's street legal
and probably because it's legal (ironically) I probably won't ever be pulled over.

I wish you the best of luck.

 

[Stancan2]

I read on page three of the Calif. motorcycle handbook.
If you operate a motorized bicycle wich meets the definition of VC 406 (B) You:
1) must be 16 years of age or older
2) must wear a properly fitted and fasten " bicycle" helmet.
3) Are "exempt" from motor vehicle financial responsibility.

You may ride a moped in a bicycle lane at reasonable speed.
Be careful of bicyclist using the lane.
As far as the automatic transmission goes,.. you let out the clutch,.. and it goes by itself. No shifting. amazing!!
I`m going to print out page three and keep it with me when riding.

 

[kenster]

I read on page three of the Calif. motorcycle handbook.
If you operate a motorized bicycle wich meets the definition of VC 406 (B) You:
1) must be 16 years of age or older
2) must wear a properly fitted and fasten " bicycle" helmet.
3) Are "exempt" from motor vehicle financial responsibility.

You may ride a moped in a bicycle lane at reasonable speed.
Be careful of bicyclist using the lane.
As far as the automatic transmission goes,.. you let out the clutch,.. and it goes by itself. No shifting. amazing!!
I`m going to print out page three and keep it with me when riding.

406(B) is for an electric motorized bike only.