Oregon law unclear
7-14-08
Hi,
I'm an attorney in southern Oregon and recently completed my home-built, friction-drive, Ryobi, 31cc, rear-mounted, motorized, mountain bike. (Man, that's a mouthful!) I've researched Oregon law and find nothing directly on point.
Oregon has a nice pamphlet that summarizes the law well. It's a PDF file here:
http://www.oregon.gov/ODOT/DMV/docs/pocketbikeguide.pdf
Again, I've researched the law and I believe this "Pocket Bike Guide" correctly summarizes the state of Oregon law at the moment. You'll notice that there is simply no mention of a gas motor-assisted bike.
One could argue that the "Electric Gas Scooter" laws apply but, if you just look at the picture in the pamphlet and dig further into the background of those specific rules, you will probably conclude, as I have, they were written to address the concerns of young people zipping around downtown sidewalks on motorized Razors. That was a problem for a while and, as usual, the 'man' spazzed out and enacted a bunch of laws since that's the only thing they know how to do.
Deeper thought leads me to conclude that gas-powered, motorized bicycles are much more like Electric Assisted Bikes since they have much more in common than not. The only difference is that one runs on electricity and the other runs on gasoline. I don't believe that makes any significant difference to the safety issues addressed by the laws. (The only significant difference I can think of relates to possible pollution regulations and does not directly reflect on any safety issues.)
If that's the persuasive argument, then you must be 16 years old, wear a DOT approved bike helmet and have lights, if visibility is restricted. The pamphlet simply says "Lights - Yes" but that's misleading since the actual law says if visibility is restricted. Max "capable" speed is 20 mph. But, you don't need a license, registration or insurance. Also, you can't ride one if your license has been suspended, revoked, etc. (So, you can't beat a DUI suspension by riding your motorized bike for a year.)
One could argue that a motorized bike is a "Moped" under Oregon law if the engine size is greater than 35.01cc and 50cc or less. But, the moped law specifically excludes electric assisted bikes and motor assisted scooters. Moreover, in my case, my engine is less than 35.01cc so does not fit the definition of moped.
In sum, there is no clear answer. I live outside city limits and have been riding for 2 weeks in the Josephine County area without a problem. But, the truth is, I haven't seen a cop yet. When I go into the city (Grants Pass, Oregon, pop. 30,000), I turn off the engine and disconnect it and ride with the pedals. I just don't want the hassle of getting a ticket, going to court and arguing with some local judge as to which law applies.
If anyone has any more information, questions, comments, disagreements, etc., I'd like to hear it. I'd especially like to hear from someone in Oregon who has gotten a ticket on a motorized bike and dealt with it.
BTW, federal law doesn't apply (in Oregon) on this point at this time and any municipality may enact their own laws, to a point. If someone wants more on this topic, please let me know. So, for example, your city might adopt laws on this topic and you'll have to obey or challenge them depending on what they say vis-a-vis the state laws.
I hope this helps a little. But, frankly, it's clear as mud.
Steve
Grants Pass, Oregon
7-14-08
Hi,
I'm an attorney in southern Oregon and recently completed my home-built, friction-drive, Ryobi, 31cc, rear-mounted, motorized, mountain bike. (Man, that's a mouthful!) I've researched Oregon law and find nothing directly on point.
Oregon has a nice pamphlet that summarizes the law well. It's a PDF file here:
http://www.oregon.gov/ODOT/DMV/docs/pocketbikeguide.pdf
Again, I've researched the law and I believe this "Pocket Bike Guide" correctly summarizes the state of Oregon law at the moment. You'll notice that there is simply no mention of a gas motor-assisted bike.
One could argue that the "Electric Gas Scooter" laws apply but, if you just look at the picture in the pamphlet and dig further into the background of those specific rules, you will probably conclude, as I have, they were written to address the concerns of young people zipping around downtown sidewalks on motorized Razors. That was a problem for a while and, as usual, the 'man' spazzed out and enacted a bunch of laws since that's the only thing they know how to do.
Deeper thought leads me to conclude that gas-powered, motorized bicycles are much more like Electric Assisted Bikes since they have much more in common than not. The only difference is that one runs on electricity and the other runs on gasoline. I don't believe that makes any significant difference to the safety issues addressed by the laws. (The only significant difference I can think of relates to possible pollution regulations and does not directly reflect on any safety issues.)
If that's the persuasive argument, then you must be 16 years old, wear a DOT approved bike helmet and have lights, if visibility is restricted. The pamphlet simply says "Lights - Yes" but that's misleading since the actual law says if visibility is restricted. Max "capable" speed is 20 mph. But, you don't need a license, registration or insurance. Also, you can't ride one if your license has been suspended, revoked, etc. (So, you can't beat a DUI suspension by riding your motorized bike for a year.)
One could argue that a motorized bike is a "Moped" under Oregon law if the engine size is greater than 35.01cc and 50cc or less. But, the moped law specifically excludes electric assisted bikes and motor assisted scooters. Moreover, in my case, my engine is less than 35.01cc so does not fit the definition of moped.
In sum, there is no clear answer. I live outside city limits and have been riding for 2 weeks in the Josephine County area without a problem. But, the truth is, I haven't seen a cop yet. When I go into the city (Grants Pass, Oregon, pop. 30,000), I turn off the engine and disconnect it and ride with the pedals. I just don't want the hassle of getting a ticket, going to court and arguing with some local judge as to which law applies.
If anyone has any more information, questions, comments, disagreements, etc., I'd like to hear it. I'd especially like to hear from someone in Oregon who has gotten a ticket on a motorized bike and dealt with it.
BTW, federal law doesn't apply (in Oregon) on this point at this time and any municipality may enact their own laws, to a point. If someone wants more on this topic, please let me know. So, for example, your city might adopt laws on this topic and you'll have to obey or challenge them depending on what they say vis-a-vis the state laws.
I hope this helps a little. But, frankly, it's clear as mud.
Steve
Grants Pass, Oregon
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