Oklahoma Motorized Bicycle Laws

License Not Required & Registration Not Required

  1. Anton

    Anton Administrator Staff Member

    Anton submitted a new resource:

    Oklahoma Motorized Bicycle Laws - License Required & Registration Not Required

    Read more about this resource...
     
    Last edited: Jan 21, 2017

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  2. jared

    jared Guest

    Yes hello I see that you state you do not need a license and you do not need registration for motorized bicycles, but what from I have been reading around a few other websites they say that you do in fact need a license and registration. Can you confirm or deny this? I was interested in buying one of these bikes.
     
  3. Anton

    Anton Administrator Staff Member

    Looks like things have changed. I have updated the main article:

    You must have a Class A, B, C, or D license with a motorcycle endorsement to ride a motorized bicycle in Oklahoma. Reference: http://www.oscn.net/applications/oscn/deliverdocument.asp?id=82351

    I can't find any references to registering motorized bicycles in Oklahoma if someone could point me in the right direction?
     
  4. Barnfresh

    Barnfresh Member

    I don't see anything to suport a change in licensing requirements on the link you reference. Are you sure you're going forward not backwards, pre 2013? Please reference some type of supporting document.
     
  5. Anton

    Anton Administrator Staff Member

    Ah yes thankyou, I was looking at an older version. The current revision has had motorized bicycles removed from the bill. It only mentions motor-driven cycles which are defined differently from motorized bicycles.

    So as far as I can see you do not need a license or registration to ride a motorized bicycle in Oklahoma.
     
  6. Frankenstein

    Frankenstein Well-Known Member

    Everyone claim they are from oklahoma!
     
  7. LR Jerry

    LR Jerry Well-Known Member

    From what all I've read in Oklahoma law 35 cc or 1000 watts and under along with being at least 16 and staying under 25 mph won't require a license or registration. If you stay under 150 cc and 30 mph you won't need a motorcycle license.
     
  8. Barnfresh

    Barnfresh Member

    Unless it changed back again, under 80cc/35mph is a bicycle and requires no license. Any regulations referring to maximum watts are normally reserved for electric bicyles or e-bikes which in OK no longer require a drivers license.

    https://www.sos.ok.gov/documents/legislation/53rd/2012/2R/HB/2683.pdf

    http://law.justia.com/codes/oklahoma/2014/title-47/section-47-1-104/
     
  9. Frankenstein

    Frankenstein Well-Known Member

    I thought e bikes are now regulated by federal law and a driver's license isn't required anywhere?

    I still fail to see how that regulation fails to cover a gas powered bike as far as permits to drive are concerned, being that you're equally capable of getting killed with an electric bike as a gas powered, and you're not going to be any better a driver just because the motor runs on electricity.

    Seems like another political move fueled by that ever precious dollar, being that electric bike and regular bike rental companies are on the rise, suppose if an important enough investor to the grand cause (of politics) wants a special law passed then all he has to do is donate to whatever crap the president's wife is mustering up and he'll have no choice but to oblige or get impeached by his only superior...
     
  10. bakaneko

    bakaneko Active Member

    perhaps, it was a political and nature conservation agenda to promote green energy and disadvantage fossil fuels. though under trump now, we might get equal protection for the gas powered bikes which while not better than electric in terms of the environment is probably better than most gas cars. however, we do not have exhaust filters on our bikes... so i dunno
     
  11. LR Jerry

    LR Jerry Well-Known Member


    In Oklahoma this is how a motorized bicycle can be defined.

    (1) Motor vehicle>>Motor driven cycle>>motorized bicycle.

    (2) Motor vehicle>>motor scooter>>motorized bicycle.

    By defining it as a motorized bicycle the law allows it to be self built. Go to this site then read the following statutes.

    http://law.justia.com/codes/oklahoma/2014/title-47/

    47-1-134
    Motor vehicle

    47-1-133.2
    Moped

    47-1-133.3
    Motor scooter

    47-1-136
    Motor driven cycle

    47-1-135
    Motorcycle.

    47-6-101(D)
    Class requirements for driver's license

    You'll then see what I'm talking about. With a self built bike you're now allowed to go up to 80 cc and 35 mph but must have a driver's license if you're over 35 cc or a 1000 watts and exceed 25 mph. You have to be over a 150 cc before a motorcycle license is required.
     
    Last edited: Feb 2, 2017
  12. Barnfresh

    Barnfresh Member

    Great links but you left the most important way a motorized bicycle can be defined off your list!
    47-1-104
    Bicycle, electric-assisted bicycle, and motorized bicycle.

    Quote: In Oklahoma this is how a motorized bicycle can be defined.

    (1) Motor vehicle>>Motor driven cycle>>motorized bicycle.
    Motor driven cycles over 35cc - less then 150cc require a motorcycle license.

    (2) Motor vehicle>>motor scooter>>motorized bicycle.
    Motorized bicycles cannot be defined under "motor scooter".
    47-1-133.3
    Motor Scooter
    (B) For purposes of this section, an electric personal assistive mobility device, as defined in Section 1-114A of this title, bicycle, electric-assisted bicycle, or motorized bicycle, as defined in Section 1-104 of this title, shall not be considered a motorized scooter.
     
  13. LR Jerry

    LR Jerry Well-Known Member

    Good catch I'd over looked section (B) 47-1-133.3. Simply means a motorized scooter can't be self built. Still the motorized scooter clearly states no license is needed unlike the motorized bicycle law 47-1-104. Leaving the decision to a judge.

    Often what has to be applied is the closest applicable law. For example in my state Tennessee we have no direct electric bicycle law. There is a 2 hp limit for combustion engines though. Therefore an electric motor shouldn't exceed 1500 watts.

    So to stay on the safe side I'd stay under 35 cc and 25 mph with no license; under 80 cc and 35 mph with a class D only. A common sense approach would be to ask why a 50 cc moped requires a driver's license but an 80 cc motorized bicycle doesn't ???

    After reading and studying on it some it appears in Oklahoma a motorized bicycle can be defined one of two ways.

    Motor vehicle>>Bicycle>>Motorized bicycle.

    47-1-134; 47-1-104(D),(C)

    35 cc or less is simply defined as a bicycle. No license needed


    Motor vehicle>>Motor driven cycle>>Motorized bicycle.

    47-1-134; 47-1-136-1a; 47-1-104(C)

    36-80 cc it is then considered a motor driven cycle and needs a license.
     
    Last edited: Feb 6, 2017
  14. Barnfresh

    Barnfresh Member

    Are you sure we are both reading the same statute Jerry?

    I see absolutly nothing in 47-1-133.3 that says a motorized scooter can't be self built.

    BTW what type of scooter do you think this statue is aimed at?


    47 OK Stat § 47-1-133.3 (2014)
    Motorized scooter.

    A. A “motorized scooter” is any vehicle having:

    1. Not more than three wheels in contact with the ground;

    2. Handlebars and a foot support or seat for the use of the operator;

    3. A power source that is capable of propelling the vehicle at a maximum design speed of not more than twenty-five (25) miles per hour on level ground, and:

    a.if the power source is a combustion engine, has a piston or rotor displacement of thirty-five cubic centimeters (35 cu cm) or less regardless of the number of chambers in the power source,

    b.if the power source is electric, has a power output of not more than one thousand (1,000) watts.

    B. For purposes of this section, an electric personal assistive mobility device, as defined in Section 1-114A of this title, bicycle, electric-assisted bicycle, or motorized bicycle, as defined in Section 1-104 of this title, shall not be considered a motorized scooter.

    C. A motorized scooter shall not be required to be registered under the laws of this state. The operator of a motorized scooter shall not be required to possess a driver license or to comply with the vehicle insurance or financial responsibility laws of this state.
     
  15. Barnfresh

    Barnfresh Member

    Again Jerry, are you sure we are both reading the same statutes?

    I see nothing in either 47-1-134 or 47-1-104 that makes reference to 35 cc or less is simply defined as a bicycle. No license needed.

    In fact I am unable to find any reference to 35cc anywhere in the statutes you reference.

    Here are the 2 statues, sorry but I'm just not seeing it.


    2014 Oklahoma Statutes
    Title 47. Motor Vehicles
    § 47-1-134

    A. A motor vehicle is:

    1. Any vehicle which is self-propelled; or

    2. Any vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

    B. As used in this title, the term "motor vehicle" shall not include:

    1. Implements of husbandry, as defined in Section 1-125 of this title;

    2. Electric personal assistive mobility devices as defined in Section 1-114A of this title;

    3. Motorized wheelchairs, as defined in Section 1-136.3 of this title; or

    4. Vehicles moved solely by human or animal power.

    2014 Oklahoma Statutes
    Title 47. Motor Vehicles
    §47-1-104. Bicycle, electric-assisted bicycle, and motorized bicycle.

    A. A bicycle is a device upon which any person or persons may ride, propelled solely by human power through a belt, chain, or gears, and having two or more wheels, excluding mopeds.

    B. An electric-assisted bicycle is any bicycle with:

    1. Two or three wheels; and

    2. Fully operative pedals for human propulsion and equipped with an electric motor:

    a.with a power output not to exceed one thousand (1,000) watts,

    b.incapable of propelling the device at a speed of more than thirty (30) miles per hour on level ground, and

    c.incapable of further increasing the speed of the device when human power alone is used to propel the device at a speed of thirty (30) miles per hour or more.

    An electric-assisted bicycle shall meet the requirements of the Federal Motor Vehicle Safety Standards as set forth in federal regulations and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied.

    C. A motorized bicycle is any bicycle having:

    1. Fully operative pedals for propulsion by human power;

    2. A power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; and

    3. A combustion engine with a piston or rotor displacement of eighty (80 cu cm) cubic centimeters or less, regardless of the number of chambers in the engine, which is capable of propelling the bicycle at a maximum design speed of not more than thirty-five (35) miles per hour on level ground.

    D. As used in this title, the term "bicycle" shall include tricycles, quadcycles, or similar human-powered devices, electric-assisted bicycles, and motorized bicycles unless otherwise specifically indicated.

    As you can see 47-1-104 (D) is the important part of the statute because it says motorized bicycles (that fit the criteria) are simply "Bicycles" and shall be treated as such!
     
    Last edited: Feb 8, 2017
  16. Barnfresh

    Barnfresh Member

    According to 47-1-104(C) if your Motorized Bicycle exceed 80cc or 35mph then it loses it's "Bicycle" status and is considered a motor-driven cycle, and yes you would then need a motorcycle license as well as all of the DOT safety equipment which normally isn't found on home brew MBs.

    Another way of defining your Motorized Bicycle would be as a Moped (47-1-133.2.) however I couldn't imagine why you want to put yourself in that box with a 2hp, 50cc, 30mph limit as well as all the DOT safety equipment and VIN number requirement.


    47 OK Stat § 47-1-136 (2014)
    Motor-driven cycle.

    A motor-driven cycle is any motor vehicle having:

    1. A power source that:

    a.if the power source is a combustion engine, has a piston or rotor displacement of greater than thirty-five cubic centimeters (35 cu cm) but less than one hundred fifty cubic centimeters (150 cu cm) regardless of the number of chambers in the power source,

    b.if the power source is electric, has a power output of greater than one thousand (1,000) watts; and

    2. A seat or saddle for the use of each rider; and

    3. Not more than three wheels in contact with the ground.

    47 OK Stat § 47-1-133.2 (2014)
    Moped.

    A “moped” is any motor-driven cycle with a motor which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of thirty (30) miles per hour on level ground. If an internal combustion engine is used, the displacement shall not exceed fifty (50) cubic centimeters, and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.
     
    Last edited: Feb 8, 2017
  17. LR Jerry

    LR Jerry Well-Known Member

    It is my hope that a license wouldn't be needed. My fear was some judge would say any engine over 35 cc would also be considered a motor driven cycle as well. Therefore needing a class D license. What is the saving grace here isn't the engine but the frame.

    47 OK Stat § 47-1-136 (2014)
    Motor-driven cycle.

    A motor-driven cycle is any motor vehicle having:

    1. A power source that:

    a.if the power source is a combustion engine, has a piston or rotor displacement of greater than thirty-five cubic centimeters (35 cu cm) but less than one hundred fifty cubic centimeters (150 cu cm) regardless of the number of chambers in the power source,

    b.if the power source is electric, has a power output of greater than one thousand (1,000) watts; and

    2. A seat or saddle for the use of each rider; and

    3. Not more than three wheels in contact with the ground.

    As long as it has pedals it's a bicycle and not a motor driven cycle. So no license is needed even at 80 cc. Remove the pedals and add pegs a license will be needed.

    If one of our Oklahoma riders find themselves in court they now know how to argue their case.

    In this though another issue seems to come to light. The clutching issue. From what I'm reading I'd advise China girl riders to get a pull start and centrifugal clutch. I'm basing this on 47-1-104 (2)

    2. A power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; and
     
    Last edited: Feb 10, 2017
  18. Barnfresh

    Barnfresh Member

    The power drive system of the China Girl DOES function directly witout clutching by the operator AFTER the drive system is engaged!

    It fits the letter of the law, why add a centrifugal clutch?
     
  19. LR Jerry

    LR Jerry Well-Known Member

    Here in my state Tennessee, we too have an automatic transmission requirement. In July of 2006 my former brother in law ran in to my brother both were hurt really bad. Both got charged by Knox county for operating an improper vehicle on the public roadways. The reason the judge said it was improper was because of a manual clutch.

    A centrifugal clutch is considered an automatic system. The key here is automatic. Here in my state we have a 50 cc limit, automatic transmission requirement, driver's license requirement. Steep hills, small cc engines for large people like me means you need gears. My legal loophole was to build a bike that shifts gears automatically. By all definitions of the law my bike is legal here.

    So you see I've had my own dealings with the law concerning these bikes. When going in front of these judges one may interpret the law one way and another judge may see it differently.

    Oklahoma law 47-1-104(2)
    2. A power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; and

    Bottom line is a manual clutch is a manual clutch. It doesn't engage and disengage automatically like a centrifugal clutch does. The key word again here being automatic. Pay close attention to the part about "without clutching or shifting by the operator after the drive system is engaged." Meaning once that engine is turn on the operator can't legally control a clutch or shift motor driven gears. Sadly no shift kits unless it shifts fully and completely automatically in Oklahoma.

    The part about being hooked up directly to the drive system where no form of clutch at all is needed probably refers more to electric hub motors and such.

    When these laws were originally written many years ago for moped and moped like vehicles the automatic transmission requirement was to limit them to one gear thus limiting the speed. Then bikes came out that were simi automatic; meaning you didn't have to manually operate a clutch but did have to manually shift gears. So another clause was added in saying the operator couldn't manually shift engine driven gears. Though this Oklahoma law is fairly new some of the clauses in it aren't.

    For now we can in many places legally have multiple motor driven gears as long as those gears are being shifted fully and completely automatically. Often times technology is far ahead of the law.

    For the Oklahoma riders who chooses a China girl build my personal suggestion would be to add a pull start, centrifugal clutch, keep the pedals on the bike, get a good speedometer to stay under 35 mph and fully and completely obey all traffic laws at all times. Be safe wear a helmet, use mirrors and night lights. If you do want multiple engine driven gears get an auto shifting system. This should then keep you legal. Great thing is no license needed.
     
    Last edited: Feb 11, 2017
  20. Barnfresh

    Barnfresh Member

    Very sorry to hear about your family's unfortunate accident and ensuing legal issues but this thread is about Oklahoma law not Tennessee.

    You are absolutly correct about the key being "Automatic" which is why all reference to it was removed from 47-1-104 with the passing of Oklahoma House Bill 2683 in 2012. http://webserver1.lsb.state.ok.us/cf/2011-12 ENR/hB/HB2683 ENR.DOC

    If you don't want to accept the letter of the law then read HB 2683 again, note the changes and you'll understand the spirit of the law which was to insure home built motorized bicycles including those using a China Girl are BICYCLES and are not to be confused with motor driven cycles or mopeds regulations.

    Have you ever seen a statute in any other state here in the US that limits the engine size to 80cc?


     
    Last edited: Feb 11, 2017
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