TX law question please.

[p12texas]

Hello, I'm a noob on motorized bikes and I have been researching Texas law.
Well, low and behold I came up with very little.
One site had a link that stated the engine size could not exceed 50cc or it would be considered a "moped" Also top speed is limited to 25mph.
I do want to build a bike that is within the law but restrictions for "motorized bike" but don't have any clear answers regarding such.
For those who have dealt with this issue- can you offer any information and/or advice ?
Thanks

 

[darwin]

There's lots of info about Texas laws in different threads. Just search each page for Texas in the header or use the search feature. Seems in TX it's a huge gray area and depends on the cop pulling you over and their interpretation of the law, good luck.

 

[p12texas]

Thanks !

 

[Sidewinder Jerry]

Unless there has been some recent change to Texas laws, more than 40cc but under 50cc puts it in a moped category. Unfortunately, Texas laws don't allow self built mopeds. They have be on a certified manufacturers list which gets updated every 90 days. They do allow self built scooters which can be up to 40cc.

Now many Texas riders will argue if the build isn't self propelled and must be pedaled to start forward momentum on level ground then it's legal. However, you are throwing yourself at the mercy of your local judicial system to say yea or na on it's legal status. It'll depend on what judge you get that particular day as to what the ruling might be.

 

[Sidewinder Jerry]

Here's your Texas law

SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS


Sec. 551.351. DEFINITIONS. In this subchapter:
(1) "Motor-assisted scooter":
(A) means a self-propelled device with:
(i) at least two wheels in contact with the ground during operation;
(ii) a braking system capable of stopping the device under typical operating conditions;
(iii) a gas or electric motor not exceeding 40 cubic centimeters;
(iv) a deck designed to allow a person to stand or sit while operating the device; and
(v) the ability to be propelled by human power alone; and
(B) does not include a pocket bike or a minimotorbike.
(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.
Added by Acts 2005, 79th Leg., Ch. 1242 (H.B. 1596), Sec. 3, eff. June 18, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.015, eff. September 1, 2011.

Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. (a) A motor-assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The motor-assisted scooter 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.
(b) A county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
(c) The department may prohibit the operation of a motor-assisted scooter on a highway if it determines that the prohibition is necessary in the interest of safety.
(d) A person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk. Except as otherwise provided by this section, a provision of this title applicable to the operation of a bicycle applies to the operation of a motor-assisted scooter.
(e) A provision of this title applicable to a motor vehicle does not apply to a motor-assisted scooter.

 

[Bradley]

Here's your Texas law

SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS


Sec. 551.351. DEFINITIONS. In this subchapter:
(1) "Motor-assisted scooter":
(A) means a self-propelled device with:
(i) at least two wheels in contact with the ground during operation;
(ii) a braking system capable of stopping the device under typical operating conditions;
(iii) a gas or electric motor not exceeding 40 cubic centimeters;
(iv) a deck designed to allow a person to stand or sit while operating the device; and
(v) the ability to be propelled by human power alone; and
(B) does not include a pocket bike or a minimotorbike.
(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.
Added by Acts 2005, 79th Leg., Ch. 1242 (H.B. 1596), Sec. 3, eff. June 18, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.015, eff. September 1, 2011.

Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. (a) A motor-assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The motor-assisted scooter 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.
(b) A county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
(c) The department may prohibit the operation of a motor-assisted scooter on a highway if it determines that the prohibition is necessary in the interest of safety.
(d) A person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk. Except as otherwise provided by this section, a provision of this title applicable to the operation of a bicycle applies to the operation of a motor-assisted scooter.
(e) A provision of this title applicable to a motor vehicle does not apply to a motor-assisted scooter.

The bug in the soup is that a "county or municipality may prohibit operation on any street, sidewalk, or highway. The laws in our neighbor state of Oklahoma allow almost unrestricted use of a motor assisted bike (which can have up to 4 wheels and an engine up to 150 CC). No tag, license, registration, or insurance is required!

 

[Sidewinder Jerry]

The bug in the soup is that a "county or municipality may prohibit operation on any street, sidewalk, or highway. The laws in our neighbor state of Oklahoma allow almost unrestricted use of a mmotor-assistedbike (which can have up to 4 wheels and an engine up to 150 CC). no-tag license, registration, or insurance is required!

This is why we tell people to look up their local laws. Because they do vary from state to state in the USA. We also tell them when quoting laws to state the location at least and if known list the statute number.

 

[FrizzleFried]

At least around here if you're not doing anything stupid, the local police don't bother you.

 

[Sidewinder Jerry]

At least around here if you're not doing anything stupid, the local police don't bother you.

That's the case in most places; which is why I stress obeying the traffic laws. I also stress using Lane Control if the lane is less than 14 feet wide; so that you don't get side-swiped.

However, some states/cities are very strict in enforcing their guidelines regardless of how well you're obeying local traffic laws.

 

[Sidewinder Jerry]

At least around here if you're not doing anything stupid, the local police don't bother you.

Same here; I've never been pulled over while riding my bike for 12 years now