bamabikeguy
Active Member
This popped up on my Google alerts- but we all know how I feel about it.....
Q: Can a resident of Minnesota who has had their driver's privileges revolked legally operate an electric bicycle? If so, what are the requirements? The two cities they would be operated in are Hopkins and Minnetonka. Do they have any restrictions for these bicycles? Thank you.
Scott
Minnetonka, MN
Scott,
The two cities will have to be contacted and asked independently by you. However, a partner of mine recently answered this same question for someone. Here was his response (so you can see what the law says and why).
The answer is truly dependent on where your "electric bicycle" fits in the law, so we will have to determine which of the following definitions fits. Statue 171.01 sb 40 "motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and bicycles with motor attached, but excluding tractors and motorized bicycles." Because of the nature of your question I am pretty sure you are not talking about a motorcycle.
Subdivision 41 states a "motorized bicycle means a bicycle that is propelled by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged.
Motorized bicycle includes an electric-assisted bicycle as defined in section 169.01 sb 4b." Now according to 169.01 sb 4b "electric-assisted bicycle means a motor vehicle with two or three wheels that: (1) has a saddle and fully operable pedals for human propulsion; (2) meets the requirements of federal motor vehicle safety standards in CFR 49 section 571.01; and (3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii) is incapable of propelling the vehicle at a speed of more than 20 mph, (iii) is incapable of further increasing the speed of the device when human power alone is used to propped the vehicle at a speed of more than 20 mph, and (iv) disengages or ceases to function when the vehicle's brakes are applied." I am guessing that this is the type of "electric bicycle" you are talking about.
With that in mind we go to statute 171.02 sb 3 which in part states, "A motorized bicycle may not be operated on any public roadway by any person who does not possess a valid driver's license, unless the person has obtained a motorized bicycle operator's permit or motorized bicycle instruction permit from the commissioner of public safety."
So, no...... a person whose driver privileges have been revoked may not operate an electric bicycle.
Sgt. Curt S. Mowers
Public Information Office
MN State Patrol
Q: Can a resident of Minnesota who has had their driver's privileges revolked legally operate an electric bicycle? If so, what are the requirements? The two cities they would be operated in are Hopkins and Minnetonka. Do they have any restrictions for these bicycles? Thank you.
Scott
Minnetonka, MN
Scott,
The two cities will have to be contacted and asked independently by you. However, a partner of mine recently answered this same question for someone. Here was his response (so you can see what the law says and why).
The answer is truly dependent on where your "electric bicycle" fits in the law, so we will have to determine which of the following definitions fits. Statue 171.01 sb 40 "motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and bicycles with motor attached, but excluding tractors and motorized bicycles." Because of the nature of your question I am pretty sure you are not talking about a motorcycle.
Subdivision 41 states a "motorized bicycle means a bicycle that is propelled by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged.
Motorized bicycle includes an electric-assisted bicycle as defined in section 169.01 sb 4b." Now according to 169.01 sb 4b "electric-assisted bicycle means a motor vehicle with two or three wheels that: (1) has a saddle and fully operable pedals for human propulsion; (2) meets the requirements of federal motor vehicle safety standards in CFR 49 section 571.01; and (3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii) is incapable of propelling the vehicle at a speed of more than 20 mph, (iii) is incapable of further increasing the speed of the device when human power alone is used to propped the vehicle at a speed of more than 20 mph, and (iv) disengages or ceases to function when the vehicle's brakes are applied." I am guessing that this is the type of "electric bicycle" you are talking about.
With that in mind we go to statute 171.02 sb 3 which in part states, "A motorized bicycle may not be operated on any public roadway by any person who does not possess a valid driver's license, unless the person has obtained a motorized bicycle operator's permit or motorized bicycle instruction permit from the commissioner of public safety."
So, no...... a person whose driver privileges have been revoked may not operate an electric bicycle.
Sgt. Curt S. Mowers
Public Information Office
MN State Patrol
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