the MB-Legal Past and Present?

sparky

Active Member
Local time
5:31 AM
Joined
Mar 19, 2008
Messages
1,347
Location
South Mississippi
Starting a new thread with a question that went unanswered in the MB-Legal Future thread...

My state is not MB-friendly due to the way a motor vehicle is defined as any vehicle with a motor, regardless of if it's electric or gas. I'd really be interested in how the "good" states' legislatures became aware of MBs.

Did someone ask a friend in their state's congress to write the law? Did a congressman just see an MBer riding and think, I should help that guy out? Did the congressmen in that state ride their own MBs? Did lots of citizens in one state push for the change? Did they just make it up before they even saw MBs?

Also, this is as good of a place as any to start a list of the states and their current laws. Federal laws have no place in this because the states' officers are the ones who you will encounter and will enforce the state's laws. It'd be sweet if you guys posted factual information about your specific state laws... definition of a MB and terms of riding a MB.

Thanks for the insight & input, all.
 

sparky

Active Member
Local time
5:31 AM
Joined
Mar 19, 2008
Messages
1,347
Location
South Mississippi
I'll go first...

MISSISSIPPI is not MB-friendly.

MS Code... Sec. 63-3-103. Vehicles. said:
(b) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. The term "motor vehicle" shall not include electric personal assistive mobility devices.

(c) "Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground but excluding a tractor.
 
Last edited by a moderator:

SimpleSimon

Active Member
Local time
5:31 AM
Joined
Apr 18, 2008
Messages
1,168
Location
Shreveport
Louisiana Laws in General, and specific exceptions

I’ll quote what I had previously posted:

I had to go to the DMV office today on another errand, and while I was there I asked for (and received) a copy of the pertinent legal restrictions here:
DEFINITIONS OF MOPEDS AND MOTORIZED BICYCLES

MOTOR DRIVEN CYCLE - R.S. 32:1(39) defines as every motorcycle, including every motor scooter, with a motor not to exceed five horsepower.

MOTORIZED BICYCLE - R.S. 32:1(41) defines as a pedal bicycle which may be propelled by human power or helper motor, or by both, with a motor rated no more than one and one-half brake horsepower, a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which produces a maximum design speed at no more than twenty-five miles per hour on a flat surface."

REGISTRATION OF A VEHICLE - R.S. 47:501 requires every owner of a motor vehicle, trailer, or semi-trailer, or any other vehicle intended to be operated upon the public highways in this state to register the vehicle before driving.

PROCEDURE FOR REGISTRATION AND TITLING

Mopeds and motorized bicycles shall be registered and titled upon presentation of the following:

1. Notarized certificate of origin or title

2. Bill of sale

3. Evidence of security interest must be filed by a UCC-1 or equivalent form or by filing of the security agreement.

4. Odometer statement

LICENSE REQUIRED

1. - A motorized bicycle shall only be operated upon the roadway of the highways of this state by a person fifteen years of age or older who possesses a valid driver's license with a motorcycle endorsement and shall not be operated upon sidewalks, interstate highways or impeded traffic flow.

2. No person may operate a moped or motorized bicycle without adhering to laws governing the operation of motorcycle including the wearing of approved eye protectors or a windshield and the wearing of a helmet.

NOTE: MOTORIZED BICYCLES SUCH AS POCKET BIKES AND SCOOTERS THAT DO NOT MEET THE REQUIREMENTS OF THIS POLICY SHALL NOT BE REGISTERED.



So, engine of 50 cc or less, bhp of 1.5 or less, automatic transmission, must be registered/titled, you must have a motorcycle endorsement on your driving license, wear a helmet and/or goggles or face shield.

The final note makes me ask - if my bike doesn't meet the requirements, do I have to meet the licensing? Reading the statutes in full does not demonstrate an affirmative duty to comply with the limitations - it implies that if you do, here is what must be met, but does not say you must comply.

Louisiana Statutes: http://www.legis.state.la.us/

Specific authority

R.S. 32:1(39)
R.S. 32 (41)
R.S. 32:198
R.S. 47:501

For myself, I have an out:
SUBPART G-1. ELECTRIC MOBILITY AIDS

Sec.206. Electric mobility aids

A. A person with a mobility impairment operating an electric mobility aid shall have the same rights as an able-bodied pedestrian to use streets, sidewalks, and walkways. In addition, an electric mobility aid may be operated on the following roadways during daylight hours only:

(1) A road or street where the posted speed limit is twenty-five miles per hour or less or where suitable sidewalks or bicycle paths are not available.

(2) A marked bicycle path or designated bicycle lane.

(3) Within any residential subdivision.

(4) Any street or roadway when necessary to cross or as a reasonable accommodation under the Americans with Disabilities Act, 42 U.S.C. 12131, et seq., because of physical barriers, such as a lack of curb cuts or sidewalks, to other means of access by persons using mobility aids.

B. An electric mobility aid shall not be considered a vehicle for purposes of defining "equipment" as referenced in Part V of Chapter 1 of this Title.

C. A valid driver's license shall not be prerequisite to operating an electric mobility aid.

D. Electric mobility aids shall not be required to register and be insured in accordance with R.S. 32:51.

E. As used in this Section, an "electric mobility aid" shall mean a mobility aid, usable indoors and designed for and used by individuals and which is prescribed by a physician for a medical condition that affects the user's ability to ambulate independently. To qualify as an electric mobility aid, a mobility aid must not be capable of exceeding a speed of twenty miles per hour on a paved surface when operating under its own power.

F. A parish, municipality or the Department of Transportation and Development may prohibit or regulate the operation of an electric mobility aid on any road, sidewalk, street, or bicycle path under its jurisdiction if the governing body of the parish, municipality, or the Department of Transportation and Development determines that such a prohibition or regulation is necessary and in the interest of safety.

Acts 2004, No. 451, Sec.1, eff. June 24, 2004.
My doctor has indicated a willingness to prescribe an “electric mobility aid” for me, and to indicate that in his opinion as the prescribing physicioan, my trike qualifies, once motorized.

Power delivered through the drive system to the road has to be electrically provided, but there is nothing which says where that electricity must be sourced from - whether a battery pack, or an onboard gas powered generator.
 
Last edited by a moderator:

Zev0

Member
Local time
5:31 AM
Joined
Jan 6, 2008
Messages
691
Location
Out There, floating
Arizona Law 28-2516

28-2516. Motorized electric or gas powered bicycles or tricycles; definition

A. Notwithstanding any other provision of this title:

1. A certificate of title is not required for a motorized electric or gas powered bicycle or tricycle.

2. Registration is not required for a motorized electric or gas powered bicycle or tricycle.

3. Vehicle license tax is not imposed on a motorized electric or gas powered bicycle or tricycle.

4. A motorized electric or gas powered bicycle or tricycle is exempt from the provisions of section 28-964 relating to required equipment on motorcycles and motor-driven cycles and from the provisions of title 49, chapter 3, article 5 relating to vehicle emissions inspections.

5. A driver license is not required to operate a motorized electric or gas powered bicycle or tricycle.

6. A motorized electric or gas powered bicycle or tricycle may use rights-of-way designated for the exclusive use of bicycles.

7. A motorized electric or gas powered bicycle or tricycle is not subject to chapter 9 of this title.

B. This section does not prohibit a local authority from adopting an ordinance that regulates or prohibits the operation of motorized electric or gas powered bicycles or tricycles, except that a local authority shall not adopt an ordinance that requires registration and licensing of motorized electric or gas powered bicycles or tricycles.

C. For the purposes of this section, "motorized electric or gas powered bicycle or tricycle" means a bicycle or tricycle that is equipped with a helper motor that has a maximum piston displacement of forty-eight cubic centimeters or less, that may also be self-propelled and that is operated at speeds of less than twenty miles per hour.
 
L

Large Filipino

Guest
Colorado Law:

Cop one: "Hey! Check out that big dude on that motored bike riding down the trails!"
Cop two: "Yea. He's pretty cool. HI!!"
Me: HI OFFICERS!!
 

sparky

Active Member
Local time
5:31 AM
Joined
Mar 19, 2008
Messages
1,347
Location
South Mississippi
Well... I think I found something better than asking us all to do work that's already been done.

I forgot about this site I'd seen awhile back, and it was recently dug up in a thread here.

http://moped2.org/mstates.htm
http://moped2.org/mlaws.htm

They both have different purposes, but you'll get the idea. This will be a good bit easier now to figure out which states aren't MB-friendly.
 

Zev0

Member
Local time
5:31 AM
Joined
Jan 6, 2008
Messages
691
Location
Out There, floating
Sparky, I don't know about the rest of the states, but Arizona has had a major change, allowing motorized bicycles and not calling them mopeds. I have posted the law in another thread. I can dig it up if you'd like.
 
Top