Texas Motorized Bicycle Laws

Texas Motorized Bicycle Laws -- Tickets

Cavity

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Oct 31, 2015
Messages
117
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
Yes, I'll help.
Don't do stupid things like dwi, and you won't get in trouble. Did that help?
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Last edited:

darwin

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May 26, 2008
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4,613
Above posts doesn't concern a MAB at all. It's DUI on a bicycle/vehicle and it happens all the time. It's a friggin stupid law but it's the law. If I were a cop I'd give the guy a ride home, a thumbs up for trying to do the right thing in not driving a 3000# car.
 

biknut

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Sep 21, 2010
Messages
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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

In Texas all motor vehicles are considered self propelled. As long as you always pedal away from a stop you can claim your bike is not self propelled, and therefore not a motor vehicle. That's your best defense, but if the cop saw you ride off from a stop like a motorcycle without pedaling, you'll probably lose in court.
 

Herman Klutz

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Dec 25, 2016
Messages
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In Texas all motor vehicles are considered self propelled. As long as you always pedal away from a stop you can claim your bike is not self propelled, and therefore not a motor vehicle. That's your best defense, but if the cop saw you ride off from a stop like a motorcycle without pedaling, you'll probably lose in court.
If intoxicated , he most likely will get a ticket for public intoxication. If on parole, a good chance to finish out the original charges. But I would bet they would stick him with operating a motor vehicle and he would lose in court.
 

Rustyruss

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Apr 7, 2020
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Have you looked into hinged pegs above the hub for the sprocket in lieu of a fixed platform Does it need to be an actual deck? Providing convenience of a sturdy stance with the option to pedal
 

trenee1209

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Sep 2, 2021
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I was about to buy a gas powered bicycle on Marketplace. I am glad I read all this 1st. Guess I will pass on it. They are so much fun though!
 

Sidewinder Jerry

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Mar 14, 2011
Messages
2,255
I've written about this in the past of which caused a great uproar. Yet, many in Texas don't want to believe it and use the self propelled argument only to still recieve tickets.

There's a Texas statute which states mopeds, motor driven cycles and motorcycles must be made by certified manufacturers. The certified manufacturers list is updated every 90 days. Bottom line is to fall into one of those 3 categories it can't be self built.

What you can legally build in Texas is this:

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

There's some Texas statutes that exempts this vehicle from having to be on the Texas certified manufacturers list.

So what all that means is it has to be capable of being kick or pedal propelled. And 40cc or less.

Since an 80cc China girl is actually 66cc with that same ratio a 49cc China girl should be barley over 40cc. There's also several 4 strokes under 40cc engines as well. Keep a copy of the Motor Assisted Scooter statute and the statute that exempts them from having to be on the Texas certified manufacturers list with you in case you're pulled over.
 

Frogslayer

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Joined
Jan 20, 2019
Messages
2,535
I've written about this in the past of which caused a great uproar. Yet, many in Texas don't want to believe it and use the self propelled argument only to still recieve tickets.

There's a Texas statute which states mopeds, motor driven cycles and motorcycles must be made by certified manufacturers. The certified manufacturers list is updated every 90 days. Bottom line is to fall into one of those 3 categories it can't be self built.

What you can legally build in Texas is this:

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

There's some Texas statutes that exempts this vehicle from having to be on the Texas certified manufacturers list.

So what all that means is it has to be capable of being kick or pedal propelled. And 40cc or less.

Since an 80cc China girl is actually 66cc with that same ratio a 49cc China girl should be barley over 40cc. There's also several 4 strokes under 40cc engines as well. Keep a copy of the Motor Assisted Scooter statute and the statute that exempts them from having to be on the Texas certified manufacturers list with you in case you're pulled over.
How are you supposed to have a deck and pedals at the same time? Who f***ing makes these laws up? These are details the damn government needs to not be involved in at all. As long as you can achieve the minimum speed, and don't exceed the speed limit on what ever road you're on it shouldn't matter how you get there.
 

Sidewinder Jerry

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Joined
Mar 14, 2011
Messages
2,255
How are you supposed to have a deck and pedals at the same time? Who f***ing makes these laws up? These are details the damn government needs to not be involved in at all. As long as you can achieve the minimum speed, and don't exceed the speed limit on what ever road you're on it shouldn't matter how you get there.
It's in the USA constitution that allows individual states to govern themselves.

Here you're getting caught up into the definition of a deck. Part 5 also says the ability to be propelled by human power alone. Therefore pedals would also serve as a deck.
 
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