P
papa
Guest
Nothing in my previous post was personally directed at you or anyone else, so I'd appreciate the absents of personal attacks.As to your smart a** remark about "ignorance is no excuse for the law",...
Are you sure about that? In your own words (post #19), you assumed that there would be consideration for the "downhill" causing an unlawful increase in speed. Under the state codes, that's applicable and is worded as such, but the City's code has no such wording. You state:I and the others in the TPD harrassment thing had done what would be considered our due dilligence when we researched through DMV the requirements for operating a MB
"...Furthermore, I was coasting downhill to reach the 25 mph allegation and NOT under power although the motor was on."
Under 28-101: (State)
31. "Moped" means a bicycle that is equipped with a helper motor if the vehicle has a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of one and one-half or less and a maximum speed of twenty-five miles per hour or less on a flat surface with less than a one per cent grade.
Under 28-2516: (City)
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
Reads to me that ANYTIME the rider exceeds the 20 MPH restriction, for ANY reason whatsoever, then he/she risks serious consequences.
Not by a long shot. Far too many State and City employees know less about laws than your typical grade schooler. And even if they did know the codes, you risk receiving corrupt and misleading answers through inexact wording and potentially misleading interpretations. Nothing less than copies of the current statutes should be considered mandatory.When the department that issues the operators licenses clearly inform you that you do not need an operators license, well that should be pretty clear and convincing info.
According to Arizona Statutes, any vehicle can be seized or impounded for the following violations:
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/28/03511.htm&Title=28&DocType=ARS
And my take?...
I think the City of Tuscon tried to accommodate those individuals who, for whatever reason, lost their driving privileges and/or were unable to satisfy the State's insurance and registration requirements, to have access to motorized transportation. But in exchange, you MUST rigidly abide by the amended codes... or suffer the consequences.
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