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indiana moped law. help!

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eltatertoto

Guest
ok. not 10 minutes agao, i am taking my friend home on the pegs (thats illigal on bikes even, but thats beside the point.) but i am riding home (for locals) on north lake park ave, turning into the neighbor hood ( i am enclosing my route in pic form) and i am riding mabey 15 if im lucky, a cop pulls me over by saying (not in the most pleasnt tone either)
conversation

1st off, once i see that motor, that makes it a vehicle DO YOU UNDERSTAND?!?

yes.

2nd, i see no turn signals, wich makes it illegal. DOU YOU UNDERSTAND?!?

yes, officer

3rd you were driving on a VERY busy road

bu--

DO YOU UNDERSTAND?!?

yes officer

4th, you do not have a lighting array, wich also makes it illegal DO YOU UNDERSTAND?!?

yes.

if i seee you riding that thing again, you will be getting a 130 dollar ticket, and possibly it will be impounded.

can i peddel home?

yes, but i better not catch you not peddeling!!

(the whole ride home he was passing me on the cross streets...)


now i will post the law here.

Moped Definition
A moped, or "Motorized bicycle," is a two (2) or three (3) wheeled vehicle, that is propelled by an internal combustion engine or a battery powered motor. If it is powered by a motor, the engine have less than two horsepower, a cyclinder capacity less than 50c.c., an automatic transmission, and a maximum speed less than 25mph on a flat surface. Electric mopeds are only required to travel less than 25mph on a flat surface.

Moped Licensing Information
Moped operators must be atleast fifteen years old, and they must possess a Bureau of Motor Vehicles (BMV) issued license or identifaction card. No motorcycle license is required to operate a moped.

Everyone under the age of 18 is required to wear a helmet and eye protection while riding on a moped. The protective headgear that is worn must meet the requirements set by the USDOT. The protective eyewear required can be a pair of protective glasses, goggles, or a transparent face shield. All operators under the age of 18 who ride on motorcycles must also wear a helmet and eye protection.

Mopeds cannot be operated on sidewalks or Interstate highways.

INTERSTATE HIGHWAYS, I WAS NOT ON A HIGHWAY!

Mopeds are also required to abide by the following laws regarding the operation of vehicles on public land:

Brakes are required that are capable of producing deceleration at 14 feet per second on level ground at a speed of 20 miles per hour.
Vehicles cannot be used to hunt, kill, or pursue a wild bird or any wild or domestic animal


An individual shall not operate a vehicle 30 minutes after sunset to 30 minutes before sunrise without having a lighted headlight and taillight


An individual shall not operate a vehicle unless the vehicle has a muffler in good working condition and in continual operation to prevent excessive or unusual noise and annoying smoke.


A person who violates these statues commits a Class C Infraction or a Class B Misdemeanor.



i copied the whole law. nothing more, nothing less. here is a link to the law. http://moped2.org/laws/Indiana.htm


WHAT SHOULD I DO???
 

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bluegoatwoods

Well-Known Member
Joined
Mar 23, 2008
Messages
3,021
Sorry to hear it. I'm no authority on this stuff, but you've stumbled into the "gotcha" situation that most of us have to gamble with; namely that, even though these are not mopeds, the determination by an individual law enforcement dude that it IS a moped will get you into a terrible headache. Had he written you a ticket you could have challenged it and argued before the judge that this is nothing but a bicycle. And you might have even won. But who would want to take a chance like that?

We dont' know each other. But within this forum we're friends, right?
So I'll speak plainly: riding a friend on the bike was about the dumbest thing you could do. (Well, running over a child or a little old lady would be worse, but maybe not by much.)
I'd bet $50.00 that that was the thing that enraged that cop. And you'll be lucky if your city doesn't consider legislation on the matter. Maybe not. Maybe they have bigger fish to fry. But, once again, who wants to take that chance?

You must never, never, never do such a thing again. (I'm sure you know that I don't mean that as some kind of order. I mean it as (serious) advice.

Other than that, I don't know what to advise. One possibility (though this is gonna hurt) is to put that bike in the garage for a fairly long while. Just ride a pedal bike. And when you bring the motor assisted bicycle back out you'll want to make a big show of the "new, safe, eltatertoto". Lot's of safety equipment and a "boy scout" type attitude in traffic.

I really am sorry. But you'd better play what cards you have very carefully if you don't want the law on your back everytime you hop on your bike.

Best of luck.
 
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eltatertoto

Guest
yes, i know it was dumb. but it was sorta an emegerncy, and my ma wasnt home. at this point, i am thinking of just selling them (that makes me gag a little) and just riding the moped, that my ma said ill have when i turn 15 (old promise) but i really dont think i can go 2 months. i really gotta sit here and think, though. i THOUGHT i did everything right other than tote a friend........
 

bluegoatwoods

Well-Known Member
Joined
Mar 23, 2008
Messages
3,021
a quick note; when he said "once I see that motor, that makes it a vehicle" he was (I'm sure) going too far. but even that won't help you; if you were to argue it, perhaps in front of a judge, he still would have a good chance of winning. And you have more to lose than he does. It's a bummer.

Maybe high gas prices will help make these things clearly legitimate. But that's going to take a while.
 
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eltatertoto

Guest
and to think- just this morning i invite somone to the site. 1 joins. one is forced to leave..... (not the site ofcourse)
 

bluegoatwoods

Well-Known Member
Joined
Mar 23, 2008
Messages
3,021
I'd hate to see you sell the motor assisted bicyles; you've made a bunch of valuable contributions to this forum. And we really do need you and everyone to ride and ride and ride.

Two months will go more quickly than you think. Then you can get the moped all legal for yourself. And then you can (slowly and carefully) bring the bikes out of hiding.

Please don't sell!
 

bluegoatwoods

Well-Known Member
Joined
Mar 23, 2008
Messages
3,021
something else comes to mind; that cop will remember you. At least he will if he's a city policeman. Maybe a county sheriff's deputy will spend a lot of time in other places, but a city cop will be around.

that means that you'd better be a boy scout even when you're legal on that moped.

But (please take my word for it) that'll turn out to be a blessing in disguise.
 

sparky

Active Member
Joined
Mar 19, 2008
Messages
1,429
Yes, the cop only messed with you because you were hauling your friend around, too. Some states explicitly outlaw that, while yours doesn't. The cop was only looking out for your safety.

From the looks of it, he was only trying to scare you. The law is on your side. He could write you a ticket all you want, but you'd have to go to court twice just to fight it. I highly doubt a judge would interpret the law any other way than you have.

I think cops really are trying to help sometimes, and this was one of those times.

As long as this checklist is followed, you prolly won't have any trouble from cops:

1) Pedal & chain to assist and make it home for whatever reason
2) Helmet
3) Lights
4) One person only
5) Follow speed limit.
 

sparky

Active Member
Joined
Mar 19, 2008
Messages
1,429
If my state had the laws you had, I'd keep a copy of it with me at all times & smile at every cop I come across.
 
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eltatertoto

Guest
well, unless when i call the poliece station monday, they say somthing else, im putting them in storage. so i wont be selling, but i will not be riding them. wich really bumms me out. and not to be a an as s but i do know that was stupid riding a friend, but i realise it, it doesnt have to be rubbed in my face. i will finish by saying, that i really hope i can ride again, but sadly, if i cant ride, you might not see as much of me here.
im going out to drain the tanks, and let the bikes burn whats in the carb.


--tater.
 
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