Oregon - No ebiking with suspended drivers license?

[REdiculous]

Springfield police say that, regardless of speed, it’s illegal for someone with a suspended license to power up and ride an electric-assisted bike.

“The bottom line is, he has a suspended license,” Massey said. “Driving is a privilege, not a right, and he lost that privilege.”

You do not have to have or carry a license, as long as you're eligible for a license you're allowed to ride an electric-bicycle in OR. The Springfield police need to learn to read and then work on reading comprehension.

 

[oatnet]

You do not have to have or carry a license, as long as you're eligible for a license you're allowed to ride an electric-bicycle in OR.

Wasn't the argument posed, that because his license was suspended, by definition he was Not eligible for a license, and hence not allowed to ebike?

-JD

 

[Lessss]

I suspect somewhere here "the second set of books" is at play.

Second set of books - Thomas James Ball http://fskrealityguide.blogspot.com/2011/06/thomas-james-ball-and-second-set-of.html

 

[REdiculous]

Wasn't the argument posed, that because his license was suspended, by definition he was Not eligible for a license, and hence not allowed to ebike?

That was the argument the cops used. The thing is, he had his license suspended some number of years ago (10?) and should be eligible by now - he just hasn't gone in and gotten it.

 

[sangesf]

For the case with one broken pedal... Is what they judged..
and you know why?? Because if both pedals were working then, they would have no case..

Here's the thing.. We still don't know the EXACT bike they are talking about..
With that information... It would all be known..

 

[Herrsprocket]

Quote taken from today's Eugene Register Guard:

“The bottom line is, he has a suspended license,” Massey said. “Driving is a privilege, not a right, and he lost that privilege.”

Massey was the citing officer. Note he said "has" not "had" a suspended license.

 

[REdiculous]

Massey was the citing officer. Note he said "has" not "had" a suspended license.

Your license can be considered suspended by the cops and you could still be eligible...

That happens with DUIs. A year and a day later your license is still considered suspended by the cops but you'd be eligible for a license. If you never bothered to get it back and just rode an ebike, the Springfield cops would have an issue with you because your license would most likely come up as suspended, even though the DMV would be glad to take your money and give you a license.

 

[Lock]

We still don't know the EXACT bike they are talking about..
With that information... It would all be known..

I'm not sure it matters...

...but The Register-Guard reported June 24:

Initially, police did not characterize McClain’s vehicle — which more closely resembles a moped with pedals than a 10-speed — as anything other than an electric bicycle.

I'll guess it was a scooter-style ebike. If McClain had been riding an open-frame pedal bike with motor added he likely would not have been stopped by the police in the first place...

That same June 24 report:

Telephone and e-mail messages to the California-based manufacturer, Electric Wheels, were not returned this week.

But I could find no California supplier named "Electric Wheels"...

Earlier in this thread someone posted this pic:

...but that's from the site electricwheelstore.com, and the contact info is for Electric Wheels LLC in Houston, TX, not California.

There WAS a seller Electric Wheels Inc in Salem OR, w/URL electricwheelsinc.com but that address (business?) appears to be dead now. Don't believe they were around long enough to be selling the China-made scooter-style bikes anyway... Wayback Machine shows pages with Zap product etc. and last crawled June 2009.

The Register-Guard said at first on June 8 the bike was an "EWheels-brand" which could also be Amazon seller EWheels:
http://www.amazon.com/gp/browse.html?ie=UTF8&marketplaceID=ATVPDKIKX0DER&me=A1Y31HCJ2WOJLN

Both Amazon seller EWheels and Electric Wheels LLC in TX show the same decal on their bikes ("E" separated from "wheels" by a diagonal lightning bolt-slash) so are probably the same company.

EWheels and Electric Wheels LLC sell both styles of ebikes.

Lock

 

[gogo]

Quote taken from today's Eugene Register Guard:

“The bottom line is, he has a suspended license,” Massey said. “Driving is a privilege, not a right, and he lost that privilege.”

Massey was the citing officer. Note he said "has" not "had" a suspended license.

I still say if he surrendered his suspended license it would be down to whether what he was riding meets the legal definition of "ebike" in OR. You don't need a license to drive a legal ebike in OR.

I think he likes arguing with authorities.

 

[REdiculous]

What would surrendering his license change? Nothing.

He's either eligible for a license or he's not.

The cops say his license is suspended so he's not allowed to ride an ebike, but that's not true if he can walk into the DMV and walk out with a valid license.

The city needs to prove that he's not eligible for a license. It doesn't matter one-lick if it's currently suspended...

Get your license suspended for 1 year. 1 year and a day later you're eligible for a license again. If you don't go get your license back your license is still considered suspended, but you can legally ride an electric-bicycle because you could walk into the DMV and walk out with a valid license.

 

[gogo]

The cops and perhaps the judges seem to be confused about the fact that you don't need a license to ride a bike/ebike. They are hung up on his "suspended license" as an issue. If he surrenders it there will be less confusion.

Whether he is eligible for a license seems irrelevant.

735-062-0135

Voluntary Surrender of Driving Privileges

A person may surrender all or part of the driving privileges granted to that person by the State of Oregon, through the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV).

(1) To surrender all or part of a person's driving privileges, that person must sign a DMV form and must surrender to DMV any license or permit issued for the driving privilege. DMV will allow the person to surrender all driving privileges, or part of the driving privileges granted to that person under any class of license, endorsement or driver permit.

(2) When driving privileges are surrendered, the driving privileges are immediately withdrawn and the person is no longer authorized to operate vehicles pursuant to those driving privileges. A person who surrenders all driving privileges may not exercise any driving privileges, except those granted by statute under ORS 807.020. A person who surrenders part of the person's driving privileges may exercise only those driving privileges retained. Operation of a vehicle on Oregon highways or premises open to the public without appropriate driving privileges is a violation of law under ORS 807.010.

(3) In accordance with OAR 735-062-0010, DMV may issue an identification card to a person who has surrendered all driving privileges.

(4) A person may surrender only part of the driving privileges granted by DMV by canceling any endorsements or driver permits granted to the person. The person must specify those driving privileges the person seeks to surrender. A person who surrenders an endorsement must pay the renewal or replacement license fee for issuance of a license that reflects the driving privileges the person retains.

(5) Surrender of driving privileges means the driving privileges are canceled as defined in ORS 801.175(2). When a voluntary surrender of driving privileges is accepted, DMV will cancel driving privileges without providing further notice or an opportunity for hearing to the person. The person's driving record will show that the driving privileges have been surrendered.

(6) A person who seeks to regain surrendered driving privileges must reapply for the privileges and establish eligibility and qualification as provided by law, including payment of all required fees.

Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 802.010(1)(c)
Hist.: DMV 1-2003, f. & cert. ef. 2-13-03; DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05; DMV 23-2005, f. & cert. ef. 11-18-05

807.020 Exemptions from requirement to have Oregon license or permit

(14) A person may operate an electric assisted bicycle without a driver license or driver permit if the person is 16 years of age or older.
(15) A person may operate a motor assisted scooter without a driver license or driver permit if the person is 16 years of age or older.

 

[Lessss]

This isn't about the law it's about POLICY Cops and judges don't follow the LAW until they are forced to, until then they operate under policy, it's much easier for a fascist regime to write a policy than it is to publicly pass a LAW.
example
Automatic arrest in cases of domestic abuse even if the victim does not want charges filed.
Automatic prosecution of all domestic violence cases regardless of co-operation of the witness.
Automatic requirement of therapy in all domestic violence cases that are plead out.
Automatic filing of charges against anyone convicted of a DUI driving any form of transportation even if it's an electric bike

Bureaucrats are terrified of using their own brain and going against policy.

Here the judge had an out with a broken pedal and took it, and refused to answer a simple question because it would require going up against a policy.

BTW Obama administration just recommended to dept of justice for automatic arrest in all rape claim cases regardless of status of evidence or alibi. Remember that employers can fire people just for being arrested (convictions not required).

 

[ptd]

Here the judge had an out with a broken pedal and took it,

a broken pedal is a fix it ticket, not a vehicle reclassification. and as i recall, the out he took, was an advertised claim to 23 mph. and california doesn't have DUI for bicycles. it's a CUI, vc 21202.5, no points on your dmv, and a $250 fine. and hr 727 forces states to treat ebikes that fit the federal descpription as bicycles, nothing else. not motor vehicles.

 

[REdiculous]

On the Oregon DMV site you'll find this (emphasis is not mine)...

Although a driver license is not required for motor-assisted scooters, electric assisted bicycles and personal mobility devices, riders must be at least 16 years old (ORS 807.020 and 814.512) and be eligible for driving privileges. It is also possible for a person whose driving privileges are suspended or revoked to be charged with operating any motorized vehicle while suspended/revoked - including a motor-assisted scooter - on public roads.

If you actually read ORS 807.020...

(13) A person may operate a bicycle that is not an electric assisted bicycle without any grant of driving privileges.
(14) A person may operate an electric assisted bicycle without a driver license or driver permit if the person is 16 years of age or older.

It looks to me like you need to be eligible for driving privileges but you don't actually need a license or permit.

Just sayin'....the DMV has it in bold.

 

[gogo]

The DMV is expressing an interpretation, not statute. we covered that earlier.
[edit]

On the Oregon DMV site you'll find this (emphasis is not mine)...

Although a driver license is not required for motor-assisted scooters, electric assisted bicycles and personal mobility devices, riders must be at least 16 years old (ORS 807.020 and 814.512) and be eligible for driving privileges. It is also possible for a person whose driving privileges are suspended or revoked to be charged with operating any motorized vehicle while suspended/revoked - including a motor-assisted scooter - on public roads.

If you actually read ORS 807.020...

(13) A person may operate a bicycle that is not an electric assisted bicycle without any grant of driving privileges.
(14) A person may operate an electric assisted bicycle without a driver license or driver permit if the person is 16 years of age or older.

It looks to me like you need to be eligible for driving privileges but you don't actually need a license or permit.

Just sayin'....the DMV has it in bold.

I guess that's what I was getting to. If he doesn't have a license, suspended or otherwise, how will the cops know if he's eligible or not? That's why the DMV interpretation makes no sense.

@lessss
I agree. Cops should be payed more to suffer their risks and to be smart enough to stick to the letter of the law and not start making chip up because they are on a power trip.

 

[scotticeberg]

I love this guy. Anyone willing to throw themselves into the gears of tyranny is all right with me.

 

[Lessss]

With electric bicyles not having the pedals unfortunately does make them motor vehicles. if he only had one of the two I agree it's a fix it.