Texas Motorized Bicycle Laws -- Tickets

[troyg]

No means that you are on my ignore list.

Well, there you go, action not words.
You can't, nor will you, put up.
Which shows the strength the argument would have.

 

[SirSpat]

Replying from ten years in the future. These statutes only regulate operating in the capacity of "transportation".. It's funny how SB-971 of the 74th legislation, which is the bill that enacted the transportation code in Texas, mentions that every subsequent statue and regulation apply to "transportation". However nowhere in texas law is that term defined. It's defined by the US supreme as a commercial act. Take a look yourself.

 

[Dylan Nickles]

I have talked on the phone with multiple people from the DPS, they seemed stumped. I could not get a clear answer on this subject

 

[K-Man]

Ok, this is going to be a long post about my experience the last two months using my motor bicycle as my primary transportation in College Station.

After nearly two months of daily riding, I was issued citations for non-valid inspection, registration, and insurance while riding in a bike lane on campus at Texas A&M University. The University Police department officer couldn't tell me what my bike would be classified as. He could only tell me that he knew it was illegal. There has been an explosion in motor-bicycle popularity in our college town and officers have a directive to seek out and cite the motor bicyclists in the area. This set me on a path of making my bike legal.

After many conversations with various officials at TxDOT, Texas DPS office in Waco (central DPS office), University Police Department, Brazos County Attorney's Office, and a lawyer...I have discovered that my motor bicycle is officially classified as a "moped" in the State of Texas. That means the citations i received are valid and will likely not be dismissed.

On to the legal definitions:

http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm
Texas Transportation Code (known herin as TTC)
541.201
(2) "Bicycle" means a device that a person may ride and
that is propelled by human power and has two tandem wheels at least
one of which is more than 14 inches in diameter.

(8) "Moped" means a motor-driven cycle that cannot
attain a speed in one mile of more than 30 miles per hour and the
engine of which:
(A) cannot produce more than two-brake
horsepower; and
(B) if an internal combustion engine, has a
piston displacement of 50 cubic centimeters or less and connects to
a power drive system that does not require the operator to shift
gears.
(9) "Motorcycle" means a motor vehicle, other than a
tractor, that is equipped with a rider's saddle and designed to have
when propelled not more than three wheels on the ground.
(10) "Motor-driven cycle" means a motorcycle equipped
with a motor that has an engine piston displacement of 250 cubic
centimeters or less. The term does not include an electric bicycle.

551.351. DEFINITION. In this subchapter,
"motor-assisted scooter" means a self-propelled device with:
(1) at least two wheels in contact with the ground
during operation;
(2) a braking system capable of stopping the device
under typical operating conditions;
(3) a gas or electric motor not exceeding 40 cubic
centimeters;
(4) a deck designed to allow a person to stand or sit
while operating the device; and
(5) the ability to be propelled by human power alone.

Added by Acts 2005, 79th Leg., Ch. 1242, Sec. 3, eff. June 18, 2005.

--------

I am no lawyer, so my interpretation of the above definitions can only be accepted as "opinion."

It's not hard to see how Texas State officials classify a motor-powered mountain bicycle as a moped. It IS a motor-driven cycle with a rider's saddle, a combustion engine smaller than 50cc (in my case), and a single-gear drive system attached to the engine. It is my experience that the motor bicycle does not achieve regular speeds of 30mph or more on flat ground -- no matter how much running space you have. I usually top out around 27 or 28 according to my Cateye computer and a few casual side-by-side automobile speedometer tests.

When I built the motor bicycle, I had TTC 551.351 in mind. It seemed to me that my motor bicycle met all the criteria of a "motor-assisted scooter." I was told by a Texas A&M University Police department sergeant and the Brazos County Attorney for transportation affairs, Spencer Giles, that the seat and/or pedals of a bicycle do not qualify as a "deck designed to allow a person to stand or sit while operating the device." While this interpretation of the law is questionable, that one piece of 551.351 is the only clause keeping gas-powered motor bicyclists from being registration, inspection, and insurance exempt in Texas.

That begs the question: What qualifies as a "deck?"

There are no specifications for size, shape, or location of a scooter "deck" in the TTC.

TxDot and the DPS told me (over the phone) that the stand-up "blade scooters" with gas engines are what that 551.351 definition describes. Basically a 2-wheel skateboard with handlebars, brakes, and a gas engine smaller than 40cc. I have seen these things zipping around campus without so much as a second look from passing University Police. That tells me the UPD officers are at least familiarized with the TTC enough to know that the death-machine blade-scooters are legal and unregistered motor-bicycles are not.

Fine. You win, Texas. How can I register my motor bicycle as a moped and get it inspected? Turns out, you can't. Texas will only register approved/certified mopeds, according to the TxDOT vehicle registration FAQ: http://www.txdot.gov/frequently_asked_questions/vtr.htm . I follow that rabbit hole in to wonderland and find the information required to make MY motor bicycle a TxDOT-approved moped. I would need to form a corporation, register as a "manufacturer" with the City of College Station (so they get their piece of the tax pie, too), document/designate a make and model for my bike, generate a VIN (VIN requirements set by TxDOT), submit an affidavit to the state swearing, under oath, that the make and model listed meets all the requirements of a "moped" in the State of Texas. Talk about a hassle.

This brings me to the insurance issue. Insurance is, obviously, required for registration and inspection. After another 10 or 12 phone calls I discovered that 99.9999999% of insurance companies will not write policies for mopeds of "unknown origin and reliability." Even your newly founded manufacturing corporation and TxDOT cerification is not enough to convince insurance companies to write a policy. You would need to find an independent insurance company/agent bold enough (if any exist) to write a policy for a homemade moped with unmarked chinese parts.

Long story short, legal DIY gas-engine-powered bicycles are a pipe dream in Texas. Riders seeking motor-assisted bicycle transportation are currently limited to electric bicycles. Researching the legislation on electric bicycles also left me frustrated and confused.

TTC 541.201
(24) "Electric bicycle" means a bicycle that:
(A) is designed to be propelled by an electric
motor, exclusively or in combination with the application of human
power;
(B) cannot attain a speed of more than 20 miles
per hour without the application of human power; and
(C) does not exceed a weight of 100 pounds.

Since I have become accustomed to riding with two-cycle power, top speed without human power is fairly important to me. Most people would agree that intermediate cyclists in decent physical condition can pedal a bicycle faster than 20mph for extended periods of time. It seems strange that the electric bicycle is limited to 20mph without human power while a 40cc gas-powered motor-assisted scooter is legal up to 35mph. That said, I'm sure there is a little wiggle-room in the rated, non-human-powered speed limit for an electric bicycle. Since electric bicycles are all legal at first glance, an officer would need to measure (with radar) the speed of the bicycle on flat ground for a reasonable distance without any human pedaling to have reason to cite a rider for an illegal electric bicycle. This could, potentially, be visually defeated by making sure you casually/deceptively pedal every few seconds. I think police around here would be, more or less, ignorant to electric bicycles simply because they are quieter and more bicycle-like. The exhaust noise of my two-cycle engine at full throttle is what got the the law enforcement's attention -- not the fact that i was zipping along at 28mph without pedaling.

I am left with a few different options:

1. Find out if it is possible for a clever lawyer to convince a (random) judge that the seat and/or pedals of a bicycle can reasonably be considered a "deck designed to allow a person to stand or sit while operating the device." A local judicial ruling could be enough to get the State to consider recognizing and regulating gas-engine-assisted bicycles as a new vehicle type (much like the electric bicycle). If I remember my government classes correctly, it is the judicial system's job to interpret the laws--not some dude at TxDOT or the DPS office...

2. Somehow design a vehicle that works like a motor-bicycle, but incorporates what the State considers a "deck," which would undeniably classify the vehicle as a "motor-assisted scooter" instead of a "moped." I am currently brainstorming ideas using a recumbent configuration. More to follow on that.

3. Build an electric bicycle capable of cruising at 28-30mph without pedaling. I have not researched electric bicycle design yet, but I worry about the weight, range, and maintenance of a battery bank. I was inspired by a forum member's idea to use a gas-engine as a generator. However, strapping a gas-engine generator totally blows the stealthiness of the electric drive train, thus attracting attention from law enforcement.

It is now 2019, did this thing ever get settled?

 

[Litefoot]

Ok, this is going to be a long post about my experience the last two months using my motor bicycle as my primary transportation in College Station.

After nearly two months of daily riding, I was issued citations for non-valid inspection, registration, and insurance while riding in a bike lane on campus at Texas A&M University. The University Police department officer couldn't tell me what my bike would be classified as. He could only tell me that he knew it was illegal. There has been an explosion in motor-bicycle popularity in our college town and officers have a directive to seek out and cite the motor bicyclists in the area. This set me on a path of making my bike legal.

After many conversations with various officials at TxDOT, Texas DPS office in Waco (central DPS office), University Police Department, Brazos County Attorney's Office, and a lawyer...I have discovered that my motor bicycle is officially classified as a "moped" in the State of Texas. That means the citations i received are valid and will likely not be dismissed.

On to the legal definitions:

http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm
Texas Transportation Code (known herin as TTC)
541.201
(2) "Bicycle" means a device that a person may ride and
that is propelled by human power and has two tandem wheels at least
one of which is more than 14 inches in diameter.

(8) "Moped" means a motor-driven cycle that cannot
attain a speed in one mile of more than 30 miles per hour and the
engine of which:
(A) cannot produce more than two-brake
horsepower; and
(B) if an internal combustion engine, has a
piston displacement of 50 cubic centimeters or less and connects to
a power drive system that does not require the operator to shift
gears.
(9) "Motorcycle" means a motor vehicle, other than a
tractor, that is equipped with a rider's saddle and designed to have
when propelled not more than three wheels on the ground.
(10) "Motor-driven cycle" means a motorcycle equipped
with a motor that has an engine piston displacement of 250 cubic
centimeters or less. The term does not include an electric bicycle.

551.351. DEFINITION. In this subchapter,
"motor-assisted scooter" means a self-propelled device with:
(1) at least two wheels in contact with the ground
during operation;
(2) a braking system capable of stopping the device
under typical operating conditions;
(3) a gas or electric motor not exceeding 40 cubic
centimeters;
(4) a deck designed to allow a person to stand or sit
while operating the device; and
(5) the ability to be propelled by human power alone.

Added by Acts 2005, 79th Leg., Ch. 1242, Sec. 3, eff. June 18, 2005.

--------

I am no lawyer, so my interpretation of the above definitions can only be accepted as "opinion."

It's not hard to see how Texas State officials classify a motor-powered mountain bicycle as a moped. It IS a motor-driven cycle with a rider's saddle, a combustion engine smaller than 50cc (in my case), and a single-gear drive system attached to the engine. It is my experience that the motor bicycle does not achieve regular speeds of 30mph or more on flat ground -- no matter how much running space you have. I usually top out around 27 or 28 according to my Cateye computer and a few casual side-by-side automobile speedometer tests.

When I built the motor bicycle, I had TTC 551.351 in mind. It seemed to me that my motor bicycle met all the criteria of a "motor-assisted scooter." I was told by a Texas A&M University Police department sergeant and the Brazos County Attorney for transportation affairs, Spencer Giles, that the seat and/or pedals of a bicycle do not qualify as a "deck designed to allow a person to stand or sit while operating the device." While this interpretation of the law is questionable, that one piece of 551.351 is the only clause keeping gas-powered motor bicyclists from being registration, inspection, and insurance exempt in Texas.

That begs the question: What qualifies as a "deck?"

There are no specifications for size, shape, or location of a scooter "deck" in the TTC.

TxDot and the DPS told me (over the phone) that the stand-up "blade scooters" with gas engines are what that 551.351 definition describes. Basically a 2-wheel skateboard with handlebars, brakes, and a gas engine smaller than 40cc. I have seen these things zipping around campus without so much as a second look from passing University Police. That tells me the UPD officers are at least familiarized with the TTC enough to know that the death-machine blade-scooters are legal and unregistered motor-bicycles are not.

Fine. You win, Texas. How can I register my motor bicycle as a moped and get it inspected? Turns out, you can't. Texas will only register approved/certified mopeds, according to the TxDOT vehicle registration FAQ: http://www.txdot.gov/frequently_asked_questions/vtr.htm . I follow that rabbit hole in to wonderland and find the information required to make MY motor bicycle a TxDOT-approved moped. I would need to form a corporation, register as a "manufacturer" with the City of College Station (so they get their piece of the tax pie, too), document/designate a make and model for my bike, generate a VIN (VIN requirements set by TxDOT), submit an affidavit to the state swearing, under oath, that the make and model listed meets all the requirements of a "moped" in the State of Texas. Talk about a hassle.

This brings me to the insurance issue. Insurance is, obviously, required for registration and inspection. After another 10 or 12 phone calls I discovered that 99.9999999% of insurance companies will not write policies for mopeds of "unknown origin and reliability." Even your newly founded manufacturing corporation and TxDOT cerification is not enough to convince insurance companies to write a policy. You would need to find an independent insurance company/agent bold enough (if any exist) to write a policy for a homemade moped with unmarked chinese parts.

Long story short, legal DIY gas-engine-powered bicycles are a pipe dream in Texas. Riders seeking motor-assisted bicycle transportation are currently limited to electric bicycles. Researching the legislation on electric bicycles also left me frustrated and confused.

TTC 541.201
(24) "Electric bicycle" means a bicycle that:
(A) is designed to be propelled by an electric
motor, exclusively or in combination with the application of human
power;
(B) cannot attain a speed of more than 20 miles
per hour without the application of human power; and
(C) does not exceed a weight of 100 pounds.

Since I have become accustomed to riding with two-cycle power, top speed without human power is fairly important to me. Most people would agree that intermediate cyclists in decent physical condition can pedal a bicycle faster than 20mph for extended periods of time. It seems strange that the electric bicycle is limited to 20mph without human power while a 40cc gas-powered motor-assisted scooter is legal up to 35mph. That said, I'm sure there is a little wiggle-room in the rated, non-human-powered speed limit for an electric bicycle. Since electric bicycles are all legal at first glance, an officer would need to measure (with radar) the speed of the bicycle on flat ground for a reasonable distance without any human pedaling to have reason to cite a rider for an illegal electric bicycle. This could, potentially, be visually defeated by making sure you casually/deceptively pedal every few seconds. I think police around here would be, more or less, ignorant to electric bicycles simply because they are quieter and more bicycle-like. The exhaust noise of my two-cycle engine at full throttle is what got the the law enforcement's attention -- not the fact that i was zipping along at 28mph without pedaling.

I am left with a few different options:

1. Find out if it is possible for a clever lawyer to convince a (random) judge that the seat and/or pedals of a bicycle can reasonably be considered a "deck designed to allow a person to stand or sit while operating the device." A local judicial ruling could be enough to get the State to consider recognizing and regulating gas-engine-assisted bicycles as a new vehicle type (much like the electric bicycle). If I remember my government classes correctly, it is the judicial system's job to interpret the laws--not some dude at TxDOT or the DPS office...

2. Somehow design a vehicle that works like a motor-bicycle, but incorporates what the State considers a "deck," which would undeniably classify the vehicle as a "motor-assisted scooter" instead of a "moped." I am currently brainstorming ideas using a recumbent configuration. More to follow on that.

3. Build an electric bicycle capable of cruising at 28-30mph without pedaling. I have not researched electric bicycle design yet, but I worry about the weight, range, and maintenance of a battery bank. I was inspired by a forum member's idea to use a gas-engine as a generator. However, strapping a gas-engine generator totally blows the stealthiness of the electric drive train, thus attracting attention from law enforcement.

It is a felony to obtain a registration number on a motor vehicle without a VIN. that is all anyone needs to tell a cop in the state of texas. Period.

 

[biknut]

This was a long time ago. What happened as I recall is, the guy decided to challenge the tickets in court. A few days before the trial was to begin all the charges were dismissed.

No reason for the dismissal was given, but the real reason was because the state was afraid they would loose, and set precedent for the whole state.

 

[mouchyn]

TRANSPORTATION CODE CHAPTER 541. DEFINITIONS

(8)  "Moped" means a motor-driven cycle that cannot attain a speed in one mile of more than 30 miles per hour and the engine of which:
(A)  cannot produce more than two-brake horsepower;  and
(B)  if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears.
(9)  "Motorcycle" means a motor vehicle, other than a tractor, that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground.
(10)  "Motor-driven cycle" means a motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less.  The term does not include an electric bicycle.

https://www.dps.texas.gov/msb/documents/vdrChart.pdf

Class M license, Insurance, Inspection, Registration, and Title are required.

TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES AND MOPEDS, GOLF CARTS, AND OTHER LOW-POWERED VEHICLES

(2)  "Pocket bike or minimotorbike" means a self-propelled vehicle that is equipped with an electric motor or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two wheels in contact with the ground, has a seat or saddle for the use of the operator, is not designed for use on a highway, and is ineligible for a certificate of title under Chapter 501.  The term does not include:
(A)  a moped or motorcycle;
(B)  an electric bicycle or motor-driven cycle, as defined by Section 541.201;
(C)  a motorized mobility device, as defined by Section 542.009;
(D)  an electric personal assistive mobility device, as defined by Section 551.201; or
(E)  a neighborhood electric vehicle, as defined by Section 551.301.

Sec. 551.353.  APPLICATION OF SUBCHAPTER TO POCKET BIKE OR MINIMOTORBIKE.  This subchapter may not be construed to authorize the operation of a pocket bike or minimotorbike on any:
(1)  highway, road, or street;
(2)  path set aside for the exclusive operation of bicycles; or
(3)  sidewalk.

So... operating a motorized bicycle in any public area is totally illegal in texas. They may only be used on private property.

 

[biknut]

TRANSPORTATION CODE CHAPTER 541. DEFINITIONS

(8)  "Moped" means a motor-driven cycle that cannot attain a speed in one mile of more than 30 miles per hour and the engine of which:
(A)  cannot produce more than two-brake horsepower;  and
(B)  if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears.
(9)  "Motorcycle" means a motor vehicle, other than a tractor, that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground.
(10)  "Motor-driven cycle" means a motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less.  The term does not include an electric bicycle.

https://www.dps.texas.gov/msb/documents/vdrChart.pdf

Class M license, Insurance, Inspection, Registration, and Title are required.

TRANSPORTATION CODE CHAPTER 551. OPERATION OF BICYCLES AND MOPEDS, GOLF CARTS, AND OTHER LOW-POWERED VEHICLES

(2)  "Pocket bike or minimotorbike" means a self-propelled vehicle that is equipped with an electric motor or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two wheels in contact with the ground, has a seat or saddle for the use of the operator, is not designed for use on a highway, and is ineligible for a certificate of title under Chapter 501.  The term does not include:
(A)  a moped or motorcycle;
(B)  an electric bicycle or motor-driven cycle, as defined by Section 541.201;
(C)  a motorized mobility device, as defined by Section 542.009;
(D)  an electric personal assistive mobility device, as defined by Section 551.201; or
(E)  a neighborhood electric vehicle, as defined by Section 551.301.

Sec. 551.353.  APPLICATION OF SUBCHAPTER TO POCKET BIKE OR MINIMOTORBIKE.  This subchapter may not be construed to authorize the operation of a pocket bike or minimotorbike on any:
(1)  highway, road, or street;
(2)  path set aside for the exclusive operation of bicycles; or
(3)  sidewalk.

So... operating a motorized bicycle in any public area is totally illegal in texas. They may only be used on private property.

There's a loop hole in Texas law. The DPS calls it a gray area. In Texas all motor vehicles are considered self propelled. If you have to pedal to get moving from a stop, like a typical china girl, you could argue in court it's not self propelled, and therefore not considered a motor vehicle. As long as the policeman did not see you riding off from a stop without pedaling, he cannot claim your bike is self propelled. Ebikes don't count, they come under a different set of statutes.

 

[refuge33]

If you can't outsmart them, just baffle them with too much info, is my motto. So if I ever get stopped by a Barney Fife type, well I just take out my reprinted and highlighted documents and give them a minute until they hand it back and say, "okay, well keep it safe out there okay buddy?"

Wichita Falls, Texas - Code of Ordinances Chapter 102 - TRAFFIC AND VEHICLES 1/3/2020

Bicycle means every device propelled by human power upon which any person may ride, having two tandem wheels.
Driver means every person who drives or is in actual physical control of a vehicle.
Motor vehicle means every vehicle which is self-propelled.
Motorcycle means every vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
MotorVehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
Sec. 94-15. - Motor-assisted scooters.
(a)Definition. As used in this section, the term "motor-assisted scooter" means a self-propelled device1)With at least two wheels in contact with the ground during operation;(2)With a braking system capable of stopping the device under typical operating conditions;(3)With a gas or electric motor not exceeding 40 cubic centimeters;(4)With a deck designed to allow a person to stand or sit while operating the device;(5)With the ability to be propelled by human power alone; and(6)That does not include a pocket bike or mini-motorbike.(b)Requirement for operation.(1)A motor-assisted scooter may be operated only on a street, highway or alley for which the posted speed limit is 35 miles per hour or less. The vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour only if the operator walks the vehicle across the street while observing all applicable pedestrian laws.(2)A person shall not operate a motor-assisted scooter on a street or highway during the hours the street or highway is a designated school zone.(3)A person operating or riding on a motor-assisted scooter on a street, highway or alley must wear protective headgear at all times.(5)A person operating a motor-assisted scooter on a street, highway or alley must do so following all state provisions applicable to the operation of a bicycle.(c)Adult supervision.(1)A motor-assisted scooter may not be operated on a street, highway or alley by a person younger than ten years of age.

(Code 1966, § 29-2; Code 2001, § 102-1)or vehicle means every vehicle which is self-propelled.
Sec. 102-256. - Riding on roadways and bicycle paths.
(a)"Bicycle path" means a public way, not part of a highway or street, that is designated by official signs or markings for use by persons riding bicycles except as otherwise provided.(b)"Bicycle lane" means a portion of a roadway that has been designated by signs and pavement markings for preferential or exclusive use by bicycles.(c)Whenever a bicycle path has been provided adjacent to a roadway, bicycle riders shall use such path.(d)Whenever a bicycle lane has been provided on a roadway, bicycle riders shall use such lane.(e)A person operating a bicycle shall not be expected or required to1)Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or(2)Ride without a reasonable safety margin on the right-hand side of the roadway.
(Code 1966, § 6-6(c); Code 2001, § 102-256; Ord. No. 23-2019, 6-18-2019)
(8) "Moped" means a motor vehicle that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground, that cannot attain a speed in one mile of more than 30 miles per hour, and the engine of which:
(A) cannot produce more than five-brake horsepower; and
(B) if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears.
(9) "Motorcycle" means a motor vehicle, other than a tractor or moped, that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground.
(10) Repealed by Acts 2019, 86th Leg., R.S., Ch. 882 (H.B. 3171), Sec. 3.01(3), eff. September 1, 2019.
(11) "Motor vehicle" means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. The term does not include an electric bicycle or an electric personal assistive mobility device, as defined by Section 551.201.
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE C. RULES OF THE ROAD
CHAPTER 541. DEFINITIONS
(2) "Bicycle" means a device that a person may ride and that:
(A) is capable of being ridden solely using human power; and
(B) has two tandem wheels at least one of which is more than 14 inches in diameter.

Sec. 94-16. - Pocket bike or mini-motorbike.
(a)As used in this section, the term "pocket bike" or "mini-motorbike" means a self-propelled vehicle that1)Is equipped with an electric motor or internal combustion engine having a piston displacement of less than 50 cubic centimeters;(2)Is designed to propel itself with not more than two wheels in contact with the ground;(3)Has a seat or saddle for the use of the operator;(4)Is not designed for use on a highway; and(5)Is ineligible for a certificate of title under by Texas Transportation Code ch. 501.(b)The term "pocket bike" or "mini-motorbike" does not include1)A moped or motorcycle;(2)An electric bicycle or motor-driven cycle, as defined by Texas Transportation Code § 541.201;(3)A motorized mobility device, as defined by Texas Transportation Code § 542.009;(4)An electric personal assistive mobility device, as defined by Texas Transportation Code § 551.201; or(5)A neighborhood electric vehicle, as defined by Texas Transportation Code § 551.301.(c)A pocket bike or mini-motorbike shall not be operated on any1)Highway, road, street or alley;(2)Path set aside for the exclusive operation of bicycles; or(3)Sidewalk.
(Code 2001, § 94-16; Ord. No. 92-2005, § 2, 11-15-2005)
ARTICLE VIII. - OPERATION OF VEHICLES NEAR VULNERABLE ROAD USERS

Sec. 102-260. - Vulnerable road users.
(a)Definition. In this section, "vulnerable road user" means1)A person lawfully operating or riding any of the following on a street or highway:a.A bicycle, tricycle, or other pedal-powered vehicles;b.A farm tractor or similar vehicle designed primarily for farm use;c.A skateboard, roller skates, or in-line skates;d.A pedestrian, including those persons actually engaged in work upon a highway, or in work upon utility facilities along a highway; ore.A person riding or leading an animal.(b)Protection of vulnerable road users.(knowingly throws or projects any object or substance at or against a vulnerable road us1)An operator of a motor vehicle commits an offense if, while passing a vulnerable road user on a street or highway, fails to:a.Vacate the lane closest to the vulnerable road user when driving on a highway with two or more lanes traveling in the direction of the vehicle; orb.Slow to a speed not to exceed:1.Twenty miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or2.Five miles per hour when the posted speed limit is less than 25 miles per hour.(2)An operator of a motor vehicle commits an offense if he does any of the above, punishable as a class C misdemeanor. .(3)It is a defense to prosecution under [subsection (1)] that, at the time of the offense, the operator of the motor vehicle was complying with a lawfully given order by a police officer.(c)A violation of this section is a class c misdemeanor punishable by a fine as set out in section 1-14 of this Code.
(Ord. No. 24-2019, § 1, 6-18-2019)

 

[GeorgeT]

Ok, this is going to be a long post about my experience the last two months using my motor bicycle as my primary transportation in College Station.

After nearly two months of daily riding, I was issued citations for non-valid inspection, registration, and insurance while riding in a bike lane on campus at Texas A&M University. The University Police department officer couldn't tell me what my bike would be classified as. He could only tell me that he knew it was illegal. There has been an explosion in motor-bicycle popularity in our college town and officers have a directive to seek out and cite the motor bicyclists in the area. This set me on a path of making my bike legal.

After many conversations with various officials at TxDOT, Texas DPS office in Waco (central DPS office), University Police Department, Brazos County Attorney's Office, and a lawyer...I have discovered that my motor bicycle is officially classified as a "moped" in the State of Texas. That means the citations i received are valid and will likely not be dismissed.

On to the legal definitions:

http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm
Texas Transportation Code (known herin as TTC)
541.201
(2) "Bicycle" means a device that a person may ride and
that is propelled by human power and has two tandem wheels at least
one of which is more than 14 inches in diameter.

(8) "Moped" means a motor-driven cycle that cannot
attain a speed in one mile of more than 30 miles per hour and the
engine of which:
(A) cannot produce more than two-brake
horsepower; and
(B) if an internal combustion engine, has a
piston displacement of 50 cubic centimeters or less and connects to
a power drive system that does not require the operator to shift
gears.
(9) "Motorcycle" means a motor vehicle, other than a
tractor, that is equipped with a rider's saddle and designed to have
when propelled not more than three wheels on the ground.
(10) "Motor-driven cycle" means a motorcycle equipped
with a motor that has an engine piston displacement of 250 cubic
centimeters or less. The term does not include an electric bicycle.

551.351. DEFINITION. In this subchapter,
"motor-assisted scooter" means a self-propelled device with:
(1) at least two wheels in contact with the ground
during operation;
(2) a braking system capable of stopping the device
under typical operating conditions;
(3) a gas or electric motor not exceeding 40 cubic
centimeters;
(4) a deck designed to allow a person to stand or sit
while operating the device; and
(5) the ability to be propelled by human power alone.

Added by Acts 2005, 79th Leg., Ch. 1242, Sec. 3, eff. June 18, 2005.

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I am no lawyer, so my interpretation of the above definitions can only be accepted as "opinion."

It's not hard to see how Texas State officials classify a motor-powered mountain bicycle as a moped. It IS a motor-driven cycle with a rider's saddle, a combustion engine smaller than 50cc (in my case), and a single-gear drive system attached to the engine. It is my experience that the motor bicycle does not achieve regular speeds of 30mph or more on flat ground -- no matter how much running space you have. I usually top out around 27 or 28 according to my Cateye computer and a few casual side-by-side automobile speedometer tests.

When I built the motor bicycle, I had TTC 551.351 in mind. It seemed to me that my motor bicycle met all the criteria of a "motor-assisted scooter." I was told by a Texas A&M University Police department sergeant and the Brazos County Attorney for transportation affairs, Spencer Giles, that the seat and/or pedals of a bicycle do not qualify as a "deck designed to allow a person to stand or sit while operating the device." While this interpretation of the law is questionable, that one piece of 551.351 is the only clause keeping gas-powered motor bicyclists from being registration, inspection, and insurance exempt in Texas.

That begs the question: What qualifies as a "deck?"

There are no specifications for size, shape, or location of a scooter "deck" in the TTC.

TxDot and the DPS told me (over the phone) that the stand-up "blade scooters" with gas engines are what that 551.351 definition describes. Basically a 2-wheel skateboard with handlebars, brakes, and a gas engine smaller than 40cc. I have seen these things zipping around campus without so much as a second look from passing University Police. That tells me the UPD officers are at least familiarized with the TTC enough to know that the death-machine blade-scooters are legal and unregistered motor-bicycles are not.

Fine. You win, Texas. How can I register my motor bicycle as a moped and get it inspected? Turns out, you can't. Texas will only register approved/certified mopeds, according to the TxDOT vehicle registration FAQ: http://www.txdot.gov/frequently_asked_questions/vtr.htm . I follow that rabbit hole in to wonderland and find the information required to make MY motor bicycle a TxDOT-approved moped. I would need to form a corporation, register as a "manufacturer" with the City of College Station (so they get their piece of the tax pie, too), document/designate a make and model for my bike, generate a VIN (VIN requirements set by TxDOT), submit an affidavit to the state swearing, under oath, that the make and model listed meets all the requirements of a "moped" in the State of Texas. Talk about a hassle.

This brings me to the insurance issue. Insurance is, obviously, required for registration and inspection. After another 10 or 12 phone calls I discovered that 99.9999999% of insurance companies will not write policies for mopeds of "unknown origin and reliability." Even your newly founded manufacturing corporation and TxDOT cerification is not enough to convince insurance companies to write a policy. You would need to find an independent insurance company/agent bold enough (if any exist) to write a policy for a homemade moped with unmarked chinese parts.

Long story short, legal DIY gas-engine-powered bicycles are a pipe dream in Texas. Riders seeking motor-assisted bicycle transportation are currently limited to electric bicycles. Researching the legislation on electric bicycles also left me frustrated and confused.

TTC 541.201
(24) "Electric bicycle" means a bicycle that:
(A) is designed to be propelled by an electric
motor, exclusively or in combination with the application of human
power;
(B) cannot attain a speed of more than 20 miles
per hour without the application of human power; and
(C) does not exceed a weight of 100 pounds.

Since I have become accustomed to riding with two-cycle power, top speed without human power is fairly important to me. Most people would agree that intermediate cyclists in decent physical condition can pedal a bicycle faster than 20mph for extended periods of time. It seems strange that the electric bicycle is limited to 20mph without human power while a 40cc gas-powered motor-assisted scooter is legal up to 35mph. That said, I'm sure there is a little wiggle-room in the rated, non-human-powered speed limit for an electric bicycle. Since electric bicycles are all legal at first glance, an officer would need to measure (with radar) the speed of the bicycle on flat ground for a reasonable distance without any human pedaling to have reason to cite a rider for an illegal electric bicycle. This could, potentially, be visually defeated by making sure you casually/deceptively pedal every few seconds. I think police around here would be, more or less, ignorant to electric bicycles simply because they are quieter and more bicycle-like. The exhaust noise of my two-cycle engine at full throttle is what got the the law enforcement's attention -- not the fact that i was zipping along at 28mph without pedaling.

I am left with a few different options:

1. Find out if it is possible for a clever lawyer to convince a (random) judge that the seat and/or pedals of a bicycle can reasonably be considered a "deck designed to allow a person to stand or sit while operating the device." A local judicial ruling could be enough to get the State to consider recognizing and regulating gas-engine-assisted bicycles as a new vehicle type (much like the electric bicycle). If I remember my government classes correctly, it is the judicial system's job to interpret the laws--not some dude at TxDOT or the DPS office...

2. Somehow design a vehicle that works like a motor-bicycle, but incorporates what the State considers a "deck," which would undeniably classify the vehicle as a "motor-assisted scooter" instead of a "moped." I am currently brainstorming ideas using a recumbent configuration. More to follow on that.

3. Build an electric bicycle capable of cruising at 28-30mph without pedaling. I have not researched electric bicycle design yet, but I worry about the weight, range, and maintenance of a battery bank. I was inspired by a forum member's idea to use a gas-engine as a generator. However, strapping a gas-engine generator totally blows the stealthiness of the electric drive train, thus attracting attention from law enforcement.

i am curently getting a dwi on my motorized bicycle in austin and it is normaly a pi can you help with any information thank you george tucker @nosmokeinspace@gmail.com