Oregon - No ebiking with suspended drivers license?

Lock

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http://www.registerguard.com/web/up...n-springfield-bicycle-police-license.html.csp
The Register-Guard
http://www.registerguard.com/
Police, resident disagree on who can legally drive a motorized bicycle
By Jack Moran
The Register-Guard
Published: Sunday, Apr 10, 2011 06:33PM

SPRINGFIELD — If there’s one thing Paul McClain and the Springfield Police Department agree on, it’s this: A court will have to decide if McClain needs to get his driver’s license back before he may legally power up his electric bicycle and ride it along Springfield’s streets.

Since March 24, police have stopped and cited McClain five times for driving with a suspended license. In each instance, police told McClain that he can’t use the electric bicycle he recently purchased for $1,000 unless he first gets his driving privileges reinstated.

McClain — who said his license was suspended several years ago for driving a car without insurance — begs to differ. He contends that under state law, there’s no difference between riding a regular bicycle and one that’s powered by a motor that allows it to travel up to 20 mph.

Read more in Monday’s Register-Guard.

Copyright © 2011 — The Register-Guard, Eugene, Oregon, USA

Oregon Revised Statutes - 2009 Edition
http://www.leg.state.or.us/ors/home.htm
Title 59 Oregon Vehicle Code – Chs. 801-826

801.026 General exemptions; exceptions.
(6) Devices that are powered exclusively by human power are not subject to those provisions of the vehicle code that relate to vehicles. Notwithstanding this subsection, bicycles are generally subject to the vehicle code as provided under ORS 814.400.

801.150 “Bicycle.” “Bicycle” means a vehicle that:
(1) Is designed to be operated on the ground on wheels;
(2) Has a seat or saddle for use of the rider;
(3) Is designed to travel with not more than three wheels in contact with the ground;
(4) Is propelled exclusively by human power; and
(5) Has every wheel more than 14 inches in diameter or two tandem wheels either of which is more than 14 inches in diameter. [1983 c.338 §22]

801.258 “Electric assisted bicycle.” “Electric assisted bicycle” means a vehicle that:
(1) Is designed to be operated on the ground on wheels;
(2) Has a seat or saddle for use of the rider;
(3) Is designed to travel with not more than three wheels in contact with the ground;
(4) Has both fully operative pedals for human propulsion and an electric motor; and
(5) Is equipped with an electric motor that:
(a) Has a power output of not more than 1,000 watts; and
(b) Is incapable of propelling the vehicle at a speed of greater than 20 miles per hour on level ground. [1997 c.400 §2; 1999 c.59 §233]

801.255 “Driving privilege.” “Driving privilege” means the grant of authority by a jurisdiction to a person that allows that person to drive a vehicle on highways within that jurisdiction. Driving privileges grant authority to a person not to a vehicle. The driving privilege includes any such grant of authority whether or not documents are issued as evidence of the authority. In this state, driving privileges may be granted under:
(1) A license as defined under ORS 801.207 and 801.245.
(2) Driver permits as described in ORS 801.250.
(3) The driving privileges established under ORS 807.020.
(4) Any endorsement of a license or driver permit or limitations on a license or driver permit that allows a person to operate a motor vehicle. [1983 c.338 §42; 1989 c.636 §8; 2003 c.14 §458]

801.360 “Motor vehicle.” “Motor vehicle” means a vehicle that is self-propelled or designed for self-propulsion. [1983 c.338 §62]

801.590 “Vehicle.” “Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. “Vehicle” does not include a manufactured structure. [1983 c.338 §109; 2003 c.655 §94]

803.305 Exemptions from general registration requirements.
(2) Bicycles are exempt from registration.

807.020 Exemptions from requirement to have Oregon license or permit.
(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.


Chapter 809 — Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment
http://www.leg.state.or.us/ors/809.html

809.415 Suspensions for conduct involving judgments, financial responsibility, dishonesty.
(2)(a) The department shall suspend the driving privileges of a person who falsely certifies the existence of a motor vehicle liability insurance policy or the existence of some other means of satisfying financial responsibility requirements or of a person who, after certifying the existence of a motor vehicle liability insurance policy or other means of satisfying the requirements, allows the policy to lapse or be canceled or otherwise fails to remain in compliance with financial responsibility requirements.


Chapter 814 — Pedestrians; Passengers; Livestock; Motorized Wheelchairs; Vehicles With Fewer Than Four Wheels
http://www.leg.state.or.us/ors/814.html

BICYCLES
814.400 Application of vehicle laws to bicycles.
(1) Every person riding a bicycle upon a public way is subject to the provisions applicable to and has the same rights and duties as the driver of any other vehicle concerning operating on highways, vehicle equipment and abandoned vehicles, except:
(a) Those provisions which by their very nature can have no application.
(b) When otherwise specifically provided under the vehicle code.
(2) Subject to the provisions of subsection (1) of this section:
(a) A bicycle is a vehicle for purposes of the vehicle code; and
(b) When the term “vehicle” is used the term shall be deemed to be applicable to bicycles.
(3) The provisions of the vehicle code relating to the operation of bicycles do not relieve a bicyclist or motorist from the duty to exercise due care. [1983 c.338 §697; 1985 c.16 §335]

814.405 Status of electric assisted bicycle. An electric assisted bicycle shall be considered a bicycle, rather than a motor vehicle, for purposes of the Oregon Vehicle Code, except when otherwise specifically provided by statute. [1997 c.400 §4]

----------------------------------------------------------------------------------------
Anything else relevant from Title 59 or elsewhere in Oregon Statutes? Police right? Or wrong?

LocK
 
Since the reason his licence was suspended involved non-insurance, I say because ebikes don't require insurance problem solved. If his licence had been suspended for DUI, he would still be at risk of being a danger on the highways and I could see not letting him operate any vehicle on the roads. The judge will rule in his favor and order a public flogging of the officers for hassling a citizen without due cause.
 
The following from a FAQ section is a little confusing. The paragraph starts with an inclusion of electric assisted bicycles, but only mentions motor-assisted scooter in the last sentence. This looks like it excludes the electric assisted bicycles and mobility devices on purpose. ORS 814.405 specifically classifies the electric assist bicycle as a bicycle, and ORS 815.410 specifically prohibits an electric assist bicycle from being operated on sidewalks, the only Oregon statute I have ever found that differentiates an electric assist bicycle from a bicycle.

http://www.oregon.gov/ODOT/DMV/vehicle/pocketbike_factsheet.shtml

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.

814.405: Status of electric assisted bicycle.

An electric assisted bicycle shall be considered a bicycle, rather than a motor vehicle, for purposes of the Oregon Vehicle Code, except when otherwise specifically provided by statute.

814.410: Unsafe operation of bicycle on sidewalk; penalty.

(1) A person commits the offense of unsafe operation of a bicycle on a sidewalk if the person does any of the following
.
.
.
(e) Operates an electric assisted bicycle on a sidewalk.
 
Fffuuuuu......
Didn't think this would happen in Oregon... one of the most eco friendly states... if not THE most eco friendly state...

Thank you for the post, Lock. This really hits home.

In many areas places here in Oregon, there are no bike lanes, and long stretches of sidewalk. I bet you he got caught on a very long sidewalk. I don't know about Springfield but it doesn't surprise me.

So what you are you supposed to do? get forced to take public transport? ( which is often crappy... )
 
Rassy said:
The following from a FAQ section is a little confusing.

I'm always suspicious of those FAQs... that State etc staff can get carried away with their own interpretations. So I look for the "real deal" in the source law... Just to quote the full bit from that FAQ:
Are scooters, mopeds, electric assisted bicycles and personal mobility devices legal on Oregon public roads?
Some of these vehicles are legal in some situations if they meet the specific definitions and restrictions in Oregon law. Also, riders must be at least 16 years old and not have driving privileges suspended or revoked.

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.

...but when I look at the Oregon statutes this seems more like somebuddies *interpretation* of things...

There may be prior cases where Oregon courts have already interpreted things this way. Like many places, the laws about suspending permits and licenses are written as a CLUB to bash folks for many things that are unrelated to vehicle ownership or operation. Possession of illegal substances, etc...

LocK
 
Starting to get the same thing here in N.B. Cops saying people with DUI not allowed to drive ebikes. they don't care if they don't win in court they are arresting them forcing them to go through hiring a lawyer etc.. as a form of harassment.
 
I agree with what you just said above Lock. I have always figured that Oregon Law and the FAQ above were basicaly the same, but what a court decides certainly would carry the most weight. I plan to follow this Springfield case and see if they make an interpretation of these statutes.

Thanks,
 
If his license was suspended "years ago" shouldn't he be able to get it reinstated by now? The cops stopped him 5 times in 17 days?...Crazy.
 
Just re-reading this stuff...

Oregon law makes a distinction between having a permit or license and having "driving privileges":
801.255 “Driving privilege.” “Driving privilege” means the grant of authority by a jurisdiction to a person that allows that person to drive a vehicle on highways within that jurisdiction. Driving privileges grant authority to a person not to a vehicle. The driving privilege includes any such grant of authority whether or not documents are issued as evidence of the authority.

And they even state that ya don't need "grant of driving privileges" to ride a pedal bicycle:
807.020 Exemptions from requirement to have Oregon license or permit.
(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.

I think the implication here is that other than pedal-only bikes, all other vehicles are granted driving privilege" even though electric assists don't need a license or permit...

So if the courts had revoked etc his "driving privileges" this may actually extend to ALL vehicles other than pedal-only bikes...

LICENSES, ENDORSEMENTS AND PERMITS

807.060 Eligibility. The Department of Transportation may not grant driving privileges to a person under a license if the person is not eligible under this section. The following are not eligible for a license:
(13) A person during a period when the person’s driving privileges are suspended in this state.

But I think I've found a "work-around" for the guy :D

807.120 Restrictions generally.
(1) The Department of Transportation may place restrictions on driving privileges granted a person if the department determines that there is good cause to restrict the driving privileges of the person in order to insure the safe operation of a motor vehicle by the person.

(2) Restrictions placed on a license by the department under this section shall be suitable to the driving ability of the person whose driving privileges are restricted. The restrictions may include:
(a) Restrictions on the type of motor vehicle the person may operate;
(b) Requirements for special mechanical control devices on motor vehicles operated by the person; or
(c) Any other restrictions the department determines appropriate to insure the safe operation of a motor vehicle by the person.
(3) The department shall place a restriction on the commercial driver license of a person who performs the skill demonstration required under ORS 807.070 for issuance of a commercial license in a vehicle that is not equipped with air brakes. A restriction imposed under this subsection prohibits the person from operating commercial motor vehicles equipped with air brakes.
(4) The department may impose restrictions under this section by setting forth the restrictions on the regular license form or by issuing a special form for licenses with restrictions.
(5) The department shall place restrictions on driving privileges under this section when ordered by a court under ORS 809.210 or 809.270. Any restriction imposed under this subsection shall be made a part of the person’s driving record and shall remain in effect until the court notifies the department in writing that the restrictions are removed.
(6) The department may impose restrictions under this section on driving privileges that are restored after having been suspended or revoked. The restrictions imposed under this subsection may include any restrictions that have been recommended by a convicting magistrate.
(7) The use of the term “restrictions” in this section includes any restrictions, conditions or requirements.
(8) Violation of any restrictions placed on driving privileges under this section is punishable as provided under ORS 807.010. [1983 c.338 §307; 1985 c.16 §128; 1989 c.636 §23]

So EVen though a license is not required to operate an ebike in Oregon, he could apply for a drivers license and ask them to restrict it to ebikes only...

Lock
 
I live in Eugene which is right next to Springfield and all I can say is it's an interesting town.

I've heard many in Eugene refer to Springfield as Springtucky.

not that that's important.

all I know from living here is don't lock your bike up anywhere unless you won't miss it cause it may be gone.

sorry, off topic just trying to point out every town is different and Springfield IMO is very different. It's a small town with lots of methheads and a huge logging plant (paper mill?) in town and...

I have a feeling this guy may be a dick on an ebike

but I may be wrong, I usually am :D
 
Can he surrender his suspended driver's licence?

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
 
mud2005 said:
I have a feeling this guy may be a dick on an ebike
http://www.kval.com/news/local/91270424.html
the cops shoulda ;locked him up....hes a thug....Pot is the least of his vices the guy deals drugs and runs a escort service....aka pimp.... he lived next door to my girl and pretty much made life hell for everyone......he got off?THAT SUCKS
:shock: :evil: :x
lock
 
First thing comes to my mind is does the guys bike look like a bike or look like a scooter. It could be that one again. And it could be just who he is, and his past with the local cops is the real issue.

I'll never forget the night the entire Las Cruces police force turned out just to finally see me in cuffs. Made their day, and everybody had to see it.
 
Good point Dogman, it's not so much about the letter of the law, but how the cops see you.

By now, the cops in my neighbourhood all know that my bike is electric, they know that it has power far above legal limits, yet let me ride freely. I think they just don't see me as a threat, cause I ride safely on the streets and use the power mainly offroad in the mountain. They didn't even bother me with the helmet law (mandatory here for E-bikes), while they enforce it with E-scooters.
 
I've talked with bicycle patrol cops in town, telling em this is what you want. All that other stuff was back in the 70's so they weren't born then. Nothing from them like they mind my ebikes. No interest either. Pedalers, what can you say?
 
http://www.registerguard.com/web/ne...clain-bicycle-license-electric-court.html.csp
Electric bicycle owner makes case to a judge
He is fighting citations for riding the motorized bike without a license; he says a license isn’t necessary
By Jack Moran

The Register-Guard

Published: (Wednesday, Jun 8, 2011 05:01AM) Today
--------------------------------------------------------------------------------

SPRINGFIELD — A Springfield man argued vigorously in court on Tuesday that city police officers improperly cited him five times earlier this year for operating an electric-­assisted bicycle while his driver’s license was suspended.

Paul McClain, 41, represented himself during an hourlong trial in Springfield Municipal Court. He previously pleaded not guilty to charges of driving with a suspended license.

McClain — whose driving privileges were revoked more than a decade ago after he was caught driving a car without insurance — contends that state law treats his EWheels-brand electric bike just as it does any bicycle that does not have a motor.

Since a person doesn’t need a license to ride a regular bicycle, McClain says he doesn’t need one to ride his electric-assisted bike.

“My bike is a bike,” McClain said in court.

Police, meanwhile, say that because McClain’s license is suspended, it is illegal for him to ride the bicycle after turning on its motor.

“He is not eligible to be driving it on the streets,” officer Brian Gay said.

A state Driver and Motor Vehicles spokesman said earlier this year that McClain’s case highlights a “legal gray area” that needs to be decided by a judge.

During the trial, a defiant McClain repeatedly accused officers of providing untruthful testimony, and often interrupted them as they spoke.

McClain has a long history of run-ins with Springfield police.

Municipal Court Judge James Strickland remained patient with McClain throughout Tuesday’s proceedings, but finally called for order in the courtroom after McClain angrily accused one of the officers of holding a grudge against him from a previous encounter.

“I have let you ramble, and I have let you shout, but now I’m taking control,” Strickland said firmly. “I don’t want to hold you in contempt (of court).”

Strickland said he will announce a ruling in the case after a separate trial for McClain is held on June 17 in Central Lane Justice Court. That case involves a ticket that a Lane County sheriff’s deputy issued to McClain in April after seeing him ride the electric bicycle without a license.

Oregon law states that an “electric-assisted bicycle shall be considered a bicycle, rather than a motor vehicle ... except when otherwise specifically provided by statute.”

But the law also defines a motor vehicle as anything that is “self-propelled or designed for self-propulsion.”

According to DMV, a person cannot use an electric-assisted bicycle unless they are at least 16 years old and eligible for a driver’s license.
 
Lock, thanks for posting the update. Where do you find all this info? I look forward to the results of the court case, since this issue has been raised a number of times. I would guess this guy will get off if the suspension was a long time ago and he just hasn't applied for a new license, because that would mean he is eligible to obtain a license. This gives the judge a chance to make a decision on this case without having to make the broader decision concerning riding an ebike while suspended.
 
dogman said:
First thing comes to my mind is does the guys bike look like a bike or look like a scooter. It could be that one again. And it could be just who he is, and his past with the local cops is the real issue.

I'll never forget the night the entire Las Cruces police force turned out just to finally see me in cuffs. Made their day, and everybody had to see it.
Sadly, the overall caliber of police has diminished in the last 50 years. Yet we do nothing about it. They came for my neighbor and I did nothing. Then they came for me..... Every single one of the cops that issued him a ticket should be fired if the bike was legal. And I don't care what the bike looked like. And if I were him, I'd file a multi-million dollar law suit against the city.
 
wesnewell said:
..... Every single one of the cops that issued him a ticket should be fired if the bike was legal. And I don't care what the bike looked like. And if I were him, I'd file a multi-million dollar law suit against the city.

You don’t fire someone for making a mistake. If you can show negligence or more likely harassment that’s a different story.

Personally I think this guy is a little belligerent and doing harm to the ebike community by his shouting in court. He is going to give ebikers a bad name. I’m no lawyer but it looks like the law says he must be eligible for a license in order to ride an ebike. The key part is eligibility not possession of one. Though I am not sure if having a license that was revoked makes him ineligible. I’m very interested in how this turns out.
 
I fire someone for making a mistake and not correcting it. And I don't care what the character of the person is. Everyone should be treated equally under the law. And I don't blame him for shouting. He was provoked. I'd shout, scream and call them all a bunch of stupid mf's too. And I don't doubt one bit that the cops lied on the stand. It happens every day. All that should matter in this case is if the bike is legal. NOTHING else. Not his past, Not his prior convictions. Not if he called the cops a bunch of low life sob's. Nothing else.
 
"But the law also defines a motor vehicle as anything that is “self-propelled or designed for self-propulsion.”

A lawyer should be able to convince the court that his client is permitted to use a PAS only ebike and the court could agree that a PAS ebike meets the spirit of the law as designed to assist human propulsion, not self-propulsion of the bicycle. A lawyer can help with setting up a plea with the prosecutor, helping to reduce the sentencing to next to nothing.

Once the ground work is established that PAS ebikes do not require a license, tag or insurance then he should lobby for public support to get TAG ebikes included. Disrespecting the court will not help his case or any future ebike case in that town.
 
wesnewell said:
All that should matter in this case is if the bike is legal.

As far as I can tell the prosecution isn't arguing that his bike is illegal. So whether it’s legal or not doesn’t matter at all. They are saying that he is not eligible for a license and therefor can't operate a motorized vehicle. Since the law makes a point of differentiating whether or not someone is eligible for a license then his past DOES matter. I'm pretty sure if he never had a license or had one in good standing, etc. Then it would be straight forward. But he has a suspended license which falls into the "gray area". On the one hand I hope he wins, as it will possibly set a good precedent for future cases.

On the other hand I wish it was someone a little more cool headed that was on trial, not some loud mouth that screams at people rather than argue his point. In the court room you are not going to do yourself any favors by being the loudest.

And for what it's worth I suspect you are right the cops probably lied on the stand, but if I was a betting man, so did he.
 
I guess I can see how this could be ruled either way, but I'm pretty sure that whatever way the ruling goes it can easily be applied to regular bicycles too. The only place the laws mentioned appear to differ on bikes and ebikes is that you have to be 16 to operate the ebike variety. So if the judge rules against the ebiker, cops will be able to arrest anyone with suspended driving privileges riding a regular bike too.
 
His license was suspended 10 years ago. A license suspension does not make you ineligible for a license forever. He could get one if he wanted too.
 
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