I got pulled over today.

Discussion in 'Laws, Legislation & Emissions' started by Taylor, May 16, 2008.

  1. Taylor

    Taylor New Member

    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". :shock: 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" :-x

    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. :mad: :-/

    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,

  2. ocscully

    ocscully Member


    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,

  3. Jim H

    Jim H Guest

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

    thatsdax Guest

    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 .
  5. kenster

    kenster Member

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

    eltatertoto Guest

    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.
  7. kenster

    kenster Member

    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.
    Last edited: May 17, 2008
  8. motman812

    motman812 Member

    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


    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.
    Last edited: May 17, 2008
  9. Stancan2

    Stancan2 New Member

    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.
  10. kenster

    kenster Member

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

    JemmaUK Guest


    Just got pulled over today - poor cop was most disappointed when he couldnt get anything to come up on my name (I wonder why lmao).

    Dont know whether to just keep riding the thing or give up on it - but if I do that I am trapped at home - I dont have a car and i cant afford the bus fares any more...

    I know the bike is legal because I have made sure that it is - its just I dont see its fair to make someone pay for insurance for what is a pushbike...

    any suggestions?

    Jemma xx
  12. HoughMade

    HoughMade Guest

    I keep see people referring other to federal regs.- if they are the same ones I have read, they have nothing to do with what equipment is required or whether the bike is legal on the road- that is a state law issue.

    The only federal regulations I have seen deal with manufacturing standards and not anything that would preempt state law regarding registration, equipment standards or road use.

    That being said, heck, I have not read every federal reg out there. Anyone, please refer me to the regulations you believe create uniformity on this issue and I will review and give an opinion.
  13. ibdennyak

    ibdennyak Guest

    Geez, the bike cops are out on your side of the pond too. Must be a spring time thing. Haven't been pulled over on the bike yet, but the tobacco cops and beer cops were doing their sting operation thing again. Kind of disappointed that they hire a 15 year old to bust a convenience store operator for selling cigarettes to a minor, but they won't even investigate when I have 13,000 worth of tools stolen. Sign of the times I guess. Wonder what mindset decided that theft takes the back seat to unknowingly contributing to the delinquency of a minor. Maybe the theory is that if he can't buy the cigarettes, or ride a bike to get them, he won,t have to steal tools to sell to support his habit. Sounds convoluted enough to fit with the political mind. Jemma, if they didn't bust you for anything, why should you stop riding your bike? Far as I know you can't be punished for anything that isn't illegal.....or maybe you can nowadays. I realize that the "civilized" method is change from within, but I kind of like the idea of a for real revolution when politics gets too.......political. I can almost see about 10 million peasants on motorized bikes descending on Wash. DC with clubs and pitchforks and Molotov cocktails. Then we can do London, and Paris, and...and...Bejing. :grin:

    Houghmade, if you can come up with a definitive answer to this controversy, that would be great. The more rules and regulations I read, the more confused I get. It seems that other than Arizona, the laws are written so vaguely that the "us" portion of society can read them a certain way, and the "them" portion can do the same thing. Unfortunately the "them" has guns and ticket books and jails. Don't seem right when we are trying to save a couple bucks, and help the environment at the same time.
  14. HoughMade

    HoughMade Guest

    I think your confusion over the applicable laws is understandable, especially given that I continue to believe that this is a matter regulated by each state and that there is no over-arching federal law regarding registration or street legality.

    Would love for someone to prove me wrong.

    In Indiana, my home state: under 50ccs and 2hp, auto trans., designed to go no more than 25 mph on flat ground- it is a "motorized bicycle"- no registation, titling.

    Last edited by a moderator: May 19, 2008
  15. Insurance for a bicycle is bollocks(is that spelled right?). I mean What coverage do you get? I guess the cheap way is liability insurance. That means your insurance will pay to clean your guts and brains from the car that smacked you.
  16. In massachusetts, under 50cc engine without a transmission = motor assist bicycle and subject to no more regulation than a pedal bike.
  17. Yesterday I was riding MOOP with that crazy tractor seat and I had flipped my gooseneck around so I can reach my handlebars so it had crazy handling and it made me just bawl with laughter as I was screaming down the road.
    This cop pulls up along sides me and just gives me a stare. I come up to the corner ready to make a left but the cop is in my way so I stop.
    I turned,looked at him with this amazing grin and I said "HOW ARE YOU DOING SIR?"
    He just drives on turning left as I followed him and he drove ahead.
    Colorado RULES!
  18. Accender

    Accender Member

    For California:
    This application and a one time $15 fee and you will get a little plate.
    No annual registration or insurence required.


  19. kenster

    kenster Member

    Liability lnsurance is required, where are you getting you info?
  20. Accender

    Accender Member

    I will double check, I am going to the DMV tomorrow.
    I'll post the straight scoop. From what I read ins is not needed.
    I will report back in less than 24.