an interesting letter from a cop sent to me [California]
-------Original Message-------
From: Webb, Randy
Date: 06/13/08 12:08:03
To: oldbaronard@-------
Cc: Cea, Michael; Cleary, Thomas
Subject: License requirements for motorized bicycle
Dear Mr. B,
406 CVC (California Vehicle Code) provides the general definition of a
motorized bicycle. 24015 CVC says that a motorized bicycle must comply
with federal safety standards. 24016 CVC details more requirement for
safety standards, equipment, driver requirements and seller
requirements. It also points you to requirements in the Federal Code of
Regulations which you can find on the internet. As long as the
motorized bicycle complies with all of these requirements, then it can
be ridden by anyone over 16 years old without a driver license. The
rider would have to follow all of the rules that a bicyclist would. If
it does not comply with all of the requirements, including the federal
code of regulations, then it is classified as a motor driven cycle which
would require that the rider have a driver license with an M2 motorcycle
endorsement.
If you made the motorized bicycle, then you will have to look at all of
these codes, especially the federal codes, very carefully. If you
bought it from a dealer and it has the federal safety decals on it
verifying that it complies with the federal safety standards and you
haven't modified it, then you are pretty safe in assuming you can ride
it without a license. But, since you probably couldn't tell if the
decals are real or fake it is best to read all of the codes and see if
you are in compliance. Attached below are the California codes
mentioned above for reference.
Sgt. Randy Webb
406. (a) A "motorized bicycle" or "moped" is any two-wheeled or
three-wheeled device having fully operative pedals for propulsion by
human power, or having no pedals if powered solely by electrical
energy, and an automatic transmission and a motor which produces less
than 2 gross brake horsepower and is capable of propelling the
device at a maximum speed of not more than 30 miles per hour on level
ground.
(b) A "motorized bicycle" is also a device that has fully
operative pedals for propulsion by human power and has an electric
motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than
20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device
when human power is used to propel the motorized bicycle faster than
20 miles per hour.
(4) Every manufacturer of motorized bicycles, as defined in this
subdivision, shall provide a disclosure to buyers that advises buyers
that their existing insurance policies may not provide coverage for
these bicycles and that they should contact their insurance company
or insurance agent to determine if coverage is provided.
(c) The disclosure required under paragraph (4) of subdivision (b)
shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
(2) The disclosure shall include the following language in capital
letters:
"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS
INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS
PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."
24015. (a) Motorized bicycles shall comply with those federal motor
vehicle safety standards established under the National Traffic and
Motor Vehicle Safety Act of 1966 (15 U.S.C., Sec. 1381, et seq.)
which are applicable to a motor-driven cycle, as that term is defined
in such federal standards. Such standards include, but are not
limited to, provisions requiring a headlamp, taillamp, stoplamp, side
and rear reflex reflectors, and adequate brakes.
(b) In addition to equipment required in subdivision (a), all
motorized bicycles operated upon a highway shall be equipped with a
mirror as required in subdivision (a) of Section 26709, a horn as
required in Section 27000, and an adequate muffler as required in
subdivision (a) of Section 27150.
(c) Except as provided in subdivisions (a) and (b), none of the
provisions of this chapter relating to motorcycles and motor-driven
cycles, as defined in this code, shall apply to a motorized bicycle.
24016. (a) A motorized bicycle described in subdivision (b) of
Section 406 shall meet the following criteria:
(1) Comply with the equipment and manufacturing requirements for
bicycles adopted by the Consumer Product Safety Commission (16 C.F.R.
1512.1, et seq.) or the requirements adopted by the National Highway
Traffic Safety Administration (49 C.F.R. 571.1, et seq.) in
accordance with the National Traffic and Motor Vehicle Safety Act of
1966 (15 U.S.C. Sec. 1381, et seq.) for motor driven cycles.
(2) Operate in a manner so that the electric motor is disengaged
or ceases to function when the brakes are applied, or operate in a
manner such that the motor is engaged through a switch or mechanism
that, when released, will cause the electric motor to disengage or
cease to function.
(b) All of the following apply to a motorized bicycle described in
subdivision (b) of Section 406:
(1) No person shall operate a motorized bicycle unless the person
is wearing a properly fitted and fastened bicycle helmet that meets
the standards described in Section 21212.
(2) A person operating a motorized bicycle is subject to Sections
21200 and 21200.5.
(3) A person operating a motorized bicycle is not subject to the
provisions of this code relating to financial responsibility, driver'
s licenses, registration, and license plate requirements, and a
motorized bicycle is not a motor vehicle.
(4) A motorized bicycle shall only be operated by a person 16
years of age or older.
(5) Every manufacturer of a motorized bicycle shall certify that
it complies with the equipment and manufacturing requirements for
bicycles adopted by the Consumer Product Safety Commission (16 C.F.R.
1512.1, et seq.).
(c) No person shall tamper with or modify a motorized bicycle
described in subdivision (b) of Section 406 so as to increase the
speed capability of the bicycle.
From: Culver, Ken
Sent: Thursday, June 12, 2008 3:26 PM
To: 'Bob B'
Subject: RE: Question Please
Good Afternoon,
I'll ask someone in our Traffic Division to give you the current
information as we understand it.
Ken Culver, Webmaster
------------------------------------------------------------------------
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From: Bob B
Sent: Thursday, June 12, 2008 3:24 PM
To: Culver, Ken
Subject: Question Please
Hi
I contacted DMV and asked if I could ride a motorized
bicycle without a drivers license. The first person
said yes and the second DMV employee said no.
I am a little confused..
The horsepower is 1.6hp very small gas engine
I would appreciate an answer very much
Bob B