Pulled over in Appleton, Wisconsin

Discussion in 'Laws, Legislation & Emissions' started by solitus3989, May 25, 2010.

  1. solitus3989

    solitus3989 Member

    I posted this as a response to a thread, and decided to repost here, since it seems to be a big deal.

    ~~~

    I was pulled over today, and i live in appleton, wisconsin.

    he quoted me on statute 346.80(3), which is as follows.

    346.80(3)
    (3)
    346.80(3)(a)
    (a) Persons riding bicycles or electric personal assistive mobility devices upon a roadway may ride 2 abreast if such operation does not impede the normal and reasonable movement of traffic. Bicycle or electric personal assistive mobility device operators riding 2 abreast on a 2-lane or more roadway shall ride within a single lane.

    346.80(3)(b)
    (b) Persons riding bicycles upon a roadway may not ride more than 2 abreast except upon any path, trail, lane or other way set aside for the exclusive use of bicycles and electric personal assistive mobility devices.

    346.80(4)
    (4) No person may operate a bicycle, electric personal assistive mobility device, or moped upon a roadway where a sign is erected indicating that bicycle, electric personal assistive mobility device, or moped riding is prohibited.

    346.80(5)
    (5) Except as provided in ss. 346.23, 346.24, 346.37, and 346.38, every rider of a bicycle or electric personal assistive mobility device shall, upon entering on a highway, yield the right-of-way to motor vehicles.

    ~~~~~~~~~~

    I don't really think this makes any sense at all, but he was explaining that i had to have turn signals and it was impossible for me to license it to make it street legal. granted, it was 2am and it was a community service officer (the 'fake' cops in vans) but he pretty much gave me the warning and said if im caught again ill have a boat load of tickets to deal with.

    I first saw the cop going downtown between a bunch of blinking red lights, stopping at each one. i got to a corner and turned right, hoping i had lost him. about 5 minutes later, he finally caught up with me, and told me he 'clocked me doing about 30 back there', when in reality, i wasn't going more than 15 at any given time at that entire road, since i was stopping often because of the many stop lights, and they were all blinking red. (like i said, 2 in the morning.)

    I have 2 mounted flashlights as headlights, and a blinking rear reflector. either the cop was a ****, or we are all screwed. i'd carry those statutes in your pocket when riding, if i were you. maybe you can get off with a warning..
     

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  2. graucho

    graucho Active Member

    If I'm reading correctly statute 346.80 nowhere states blinkers or licensing? Skip all of the bull, print out the state law from post http://www.motoredbikes.com/showthread.php?t=4612 and go directly to the city offices and ask.

    I also ride 50% of the time in the big W. Keep us posted.
     
    Last edited: May 25, 2010
  3. solitus3989

    solitus3989 Member

    Im definitely going to stop by the city office sometime today.

    I read through all of exactly what you posted me and it's already printed out and stapled to the written warning. :)

    Like i said, the officer said something down the lines of, im quoting you on this statute although it doesn't pertain to your motorized bike exactly, which doesn't make any sense... lol
     
  4. darwin

    darwin Well-Known Member

    You should have hit the kill switch and just pedal when you saw ole smokey. Here in CO I think its legal to ride but the law is so vague Im not sure. I always pedal and turn the engine rpm down or off when I see a cop and never YET have had any problems. If your always pedaling then the motor is just assisting you and not driving the bike just by the motor. Legal loophole I hope will some day help me. Also with motor assist you can claim ADA protection if you have a legit medical condition. Ever see a cop give a ticket to a guy in a motorized wheel chair? You still need to obey all the road rules though..................
     
    Last edited: May 28, 2010
  5. Sometimes ole smokey sneaks up behind you,once you see flashing lights its too late.
    Legal loophole,nope it won't help you,you're lucky only if the cop doesn't show up for court.
    Motorized wheelchairs and handicap mobility scooters are eletric, not gas and go 8-12mph and sometimes only on sidewalk.
     
    Last edited: May 29, 2010
  6. sangesf

    sangesf New Member

    Ultimately, that just sucks, because in that PDF, it also states that an ELECTRIC bicycle is considered the same as a gas bicycle, and that you NEED a DL, to use one.

    That's why I love my new home in Florida, no license needed for an electric bike (as long as you can't go over 20mph, with it).
     
  7. solitus3989

    solitus3989 Member

    Puttin THAT in my wallet! Excellent find!

    Also, @sangesf, I think that clause at the end is to help enforce that a 'low speed electric bicycle' is also not a moped.
     
  8. sangesf

    sangesf New Member

    Basically from what I've read here so far, is this...

    Moped = Moped
    Gas bicycle = Motor Bicycle
    Electric bicycle = Motor Bicycle

    Mopeds need to be registered because they have an INTEGRATED motor

    Motor Bicycle (gas or electric) does not need to be registered.

    In order to ride ANY of the three you need at least a Drivers License.
     
  9. almost Everyone has a drivers license, but if you don't need plates then no one will pull you over to check for a license.

    and no one will pull you over on a electric bike.
     
  10. sangesf

    sangesf New Member

    Lol. I get pulled over at least once a month on my electric bike.
     
    yoyofred likes this.
  11. Lazieboy

    Lazieboy Member

    I just ride it.

    I am concious of the popo and calm it down when i see em, but i also have fun off rode. just hope if i get stoped there cool about it. I have full coverage Ins. but no registration or title DMV said i need. and ins. co. hav'nt droped me but kinda questioned it but ins card says homade cycle 49cc (really a 66cc grubee)
     
  12. anthony1973

    anthony1973 New Member

    States are different according to laws.Here we do not need a license,registration,Insurance,And so on.But,If people do not care and won't sign petitions and try to get a universal law state to state.I fear this will become Illegal and result In jail time and fines.Today's society thinks a law Is needed for an existing law and to make another law.Instead of land of the free and home of the brave.I see land of restrictions galore and home of yes men who could care less about their rights.Gotta get more Involved In petitions and legislative procedures to fix this growing problem.And people who ride both mopeds and motored bikes need to start getting serious before any remaining freedom Is gone.
     
  13. sangesf

    sangesf New Member

    What state you in?
     
  14. i was in highspeed pursuit and got away by goin down middle of railroad tracks.
     
  15. 343.05(3)(c) No person may operate a moped or motor bicycle unless the person possesses a valid operator's license or a special restricted operator's license issued under s. 343.135 or a restricted license issued under s. 343.08. A license under this paragraph does not authorize operation of a moped or motor bicycle if the license is revoked, suspended, canceled or expired
    ...
    340.01(30) “Motor bicycle" means any of the following:
    (a) A bicycle to which a power unit not an integral part of the vehicle has been added to permit the vehicle to travel at a speed of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind and having a seat for the operator.
    (b) A 2-wheeled or 3-wheeled vehicle that has fully operative pedals for propulsion by human power and an electric motor of less than 750 watts and that is capable, when powered solely by the motor, of a maximum speed of less than 20 miles per hour with a 170-pound rider on a dry, level, hard surface with no wind
    ...
     
  16. https://docs.legis.wisconsin.gov/document/statutes/347.489

    347.489  Lamps and other equipment on bicycles, motor bicycles, and electric personal assistive mobility devices.
    (1) No person may operate a bicycle, motor bicycle, or electric personal assistive mobility device upon a highway, sidewalk, bicycle lane, or bicycle way during hours of darkness unless the bicycle, motor bicycle, or electric personal assistive mobility device is equipped with or, with respect to a bicycle or motor bicycle, the operator is wearing, a lamp emitting a white light visible from a distance of at least 500 feet to the front of the bicycle, motor bicycle, or electric personal assistive mobility device. A bicycle, motor bicycle, or electric personal assistive mobility device shall also be equipped with a red reflector that has a diameter of at least 2 inches of surface area or, with respect to an electric personal assistive mobility device, that is a strip of reflective tape that has at least 2 square inches of surface area, on the rear so mounted and maintained as to be visible from all distances from 50 to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in lieu of the red reflector
     
  17. Wolfshoes

    Wolfshoes Member

    Needing a drivers license for a motorized bicycle in Wisconsin is news to me. Despite that, I am surprised using a gas motorized bike is not more popular in Wisconsin than it is. Where I am familiar in the southeastern part of the state, the speed limit in urban areas seems lower than in northeastern Illinois. In Kenosha county, a small town speed limit of 25 mph is not uncommon. In the larger city of Kenosha, the speed limit is 30 for the most part. In northeastern Illinois the urban speed limit is more like 35 mph.

    With a 25 or 3o mph urban limit, the better option is take the lane as opposed to riding near the shoulder. Take the lane on Main St. and go full throttle! A Harley rider would not think of trying it.
     
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