moped classification

Jay64

100 kW
Joined
Nov 16, 2007
Messages
1,640
Location
St. Petersburg, Florida
So I have heard you guys talking about having to register your bike as a moped if it goes over 20 mph. What do you have to do to reg as a moped?
 
Depends on your state...

I prefer to keep as much bicycle appearance as possible, to use sidewalks, paths, etc. (regardless of my top speed 8) )
 
Here's what "jerryt" on motored bikes says for CA, your state will vary of course. Hope quoting his reply here isn't inappropriate, I think its great stuff so I'll do it-

http://www.motoredbikes.com/showthread.php?t=4809&highlight=california

1. THIS IS WHAT WE”RE TALKING ABOUT

California Vehicle Code Division 3 - Registration of Vehicles and Certificates of Title

2. THIS SAYS A MOTORIZED BIKE IS EXEMPT FROM REGISTRATION

Chapter 1. Original and Renewal Registration; Issuance of Certificates of Title
Article 1. Vehicles Subject to Registration

Motorized Bicycles 4020.
A motorized bicycle operated upon a highway is exempt from registration. Added Ch. 987, Stats. 1975. Effective January 1, 1976.

3. THIS SAYS THAT ALTHOUGH YOU’RE EXEMPT FROM REGISTRATION, YOU STILL HAVE TO HAVE A LICENSE PLATE

Chapter 1. Original and Renewal Registration; Issuance of Certificates of Title
Article 8.1. Motorized Bicycles

License Plate Required 5037.
(a) No motorized bicycle first sold on or after July 1, 1981, shall be moved or operated upon a highway unless the owner first makes application for a license plate and, when received, attaches it to the motorized bicycle as provided in this article.
(b) Motorized bicycles first sold prior to July 1, 1981, shall not be moved or operated upon a highway after January 1, 1982, unless the owner makes application for a license plate and, when received, attaches it to the motorized bicycle as provided in this article.
(c) Any motorized bicycle currently licensed pursuant to Division 16.7 (commencing with Section 39000) on July 1, 1981, may be operated upon a highway until July 1, 1982.
Added Ch. 1070, Stats. 1980. Effective January 1, 1981


4. THIS SAYS THAT ALTHOUGH YOU’RE EXEMPT FROM REGISTRATION, THE STATE STILL WANTS YOUR MONEY

Chapter 1. Original and Renewal Registration; Issuance of Certificates of Title
Article 8.1. Motorized Bicycles

Service Fee 5036.
A service fee of fifteen dollars ($15) shall be paid for the issuance or transfer of a special license plate for motorized bicycles, as defined in Section 406. Publicly-owned motorized bicycles are exempt from the fee.
Amended Sec. 7, Ch. 719, Stats. 2003. Effective January 1, 2004.

EDIT: THIS IS A ONE TIME FEE

5. THIS SAYS THEY WANT MORE MONEY SIMPLY BECAUSE ANOTHER YEAR HAS GONE BY AND IF THEY WRITE IT UP LIKE THIS THEY WON”T FORGET NEXT YEAR

Publisher's Note - Fees described in this section are subject to change pursuant to Section 1678 Fee Adjustment: Consumer Price Index
(a) Between January 1, 2004, and December 31, 2004, inclusive, the fee amounts set forth in Section 488.385 of the Code of Civil Procedure, Section 10902 of the Revenue and Taxation Code, and Sections 4604, 5014, 5036, 6700.25, 9102.5, 9250.8, 9250.13, 9252, 9254, 9258, 9261, 9265, 9702, 11515, 11515.2, 12814.5, 14900, 14900.1, 14901, 14902, 38121, 38225.4, 38225.5, 38232, 38255, 38260, and 38265 shall be the base fee amounts charged by the department.
(b) On January 1, 2005, and every January 1 thereafter, the department shall adjust the fees imposed under the sections listed in subdivision (a) by increasing each fee in an amount equal the increase in the California Consumer Price Index for the prior year, as calculated by the Department of Finance, with amounts equal to or greater than fifty cents ($0.50) rounded to the next highest whole dollar.
Added Sec. 3, Ch. 719, Stats. 2003. Effective January 1, 2004.

EDIT: 2007 amount = $17


6. THIS IS THE LITTLE PLATE THEY GIVE YOU SO THEY KNOW WHO YOU ARE AND GET MORE MONEY IF YOU DON”T HAVE ONE

Moped

The little plate pic won't print

This permanent plate is mandatory on motorized bicycles. For an application click here.
Statutory Authority: VC §§406, 5030


7. AND THIS TELLS YOU THAT YOU BETTER HAVE PEDALS, CANNOT HAVE MORE THAN 2 HORSES (that’s Gross my boy) OR 1000 WATTS AND BE INCAPABLE OF MORE THAN 30 MPH (with no regard given to weight) (20 MPH if electric) AND NO STATE REQUIRED INSURANCE

California Vehicle Code Division 1- Words and Phrases Defined

Motorized Bicycle
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."
Amended Sec. 1, Ch. 804, Stats. 1995. Effective January 1, 1996. Supersedes Sec. 2, Ch. 342.

EDIT: To add drivers license requirements

How to apply for a motorcycle or moped driver license if you are over 18

There are two classes of motorcycle licenses, Class M1 and Class M2.
• With a Class M1, you can operate any 2-wheel motorcycle and any motorized vehicle in Class M2. (Also good for motorized scooter – stand on or seated)
• With a Class M2, you can only operate any motorized bicycle or moped or any bicycle with an attached motor. (Also good for motorized scooter – stand on or seated)

To apply for a motorcycle PERMIT for Class M1 or M2, you will need to:
• Complete application form DL 44 (An original DL 44 form must be submitted)
• Give a thumb print
• Have your picture taken
• Pay the application fee
• Pass a vision exam
• Pass a traffic laws and signs test. You have three chances to pass the test.
.
After completing the requirements, you will be issued an instruction permit to allow you to practice driving a motorcycle. You may not drive at night, on the freeway, or have any passengers with you.

To apply for your motorcycle LICENSE for Class M1 or M2, you must do the following:
• If you are under 21, you must complete a motorcycle rider training course given by the California Highway Patrol (CHP) and provide a certificate of Completion of Motorcycle Training (DL 389) to DMV to be issued your license. You will not be required to take the motorcycle driving test at DMV if you currently have a California Drivers License.
• If you are over 21, you may either choose to complete the course by CHP and provide the certificate OR take the driving test. You have three chances to pass the test.

If you've read this far I hope it clears it up
 
I am not 100% sure a license is needed in California. According to the DMV code, it sure looks like it. I have heard of peace officers citing and even impounding gas engine bicycles, golf carts, etc. on the street.

So as a precaution, I licensed mine. It costs a one time fee of $18, good for the life of the bike, and can be transferred to the next owner for free.

I have never had a problem with being pulled over, and I ride it 1-3 times a day. On one hand, the license might draw more attention from an officer who would probably not suspect a thing if the license were not there. On the other hand, I think other motorists cut me a little more slack when they see the license. I also think it looks really cool 8)

I am even taking the added step of getting a moped classification (called M2 in California) added to my driver's license.

If I want to be a 406A vehicle (up to 30 mph), I think I need to wear a dot helmet and get some lights and mirrors, which is the next step.

Finally, there is an official electric motorcycle category for speeds up to 45 mph. You just need more mirrors, lights, etc., and you are not supposed to ride like a bicycle in the bike lane, but you cannot get on the freeway, either. Mopeds can operate like bikes in the bike lane.
 
Under California law, no motorized vehicle that goes over 20 mph (including mopeds and 49cc scooters) is allowed to be in bike lane. Only human-powered vehicles or electric bikes that go less than 20 mph. But then even regular bicycles aren't legally allowed to go on sidewalks, yet the overwhelming majority here do just that, and they obviously don't get in trouble. So I ride in the bike lane if there is one since it's a hell of a lot safer, but I slow down to almost a bicycle speed when overtaking a cyclist.

But this isn't the UK -- police here likely will not care much. My e-bike has no mirrors or signal lights and a cop saw me going almost 40 mph in a 25-mph residential area once, and he just rolled his window down alongside me when I was at a red light and told me to keep my speed down. That said, I do plan on getting mirrors and signal lights because it would make me much safer.
 
That is a little fuzzy, too. The motorcycle handbook sums it up like this (I edited it down):

"There are two definitions of motorized bicycle (moped). A motorized bicycle is:
• A two- or three-wheeled device, capable of no more than 30 mph on level ground, and equipped with an electric motor, with or without pedals for human propulsion. (VC §406[a])
• A vehicle with pedals and an electric motor (not more than 1,000 watts) which cannot be driven at speeds of more than 20 mph on level ground even if assisted by human power. The motor must stop when the brakes are applied or the starter switch is released (VC §406).

You may ride a moped in a bicycle lane at a reasonable speed. Be careful of bicyclists using the lane."

Sounds like 30 mph in the bike lane with an electric motor.
 
Eeep! CGP, slow down!

Anyways, what parts do you have on your bike, as they relate to making your bike better at handling the speed?
Disc brakes with 6" rotors, RockShox 5" suspension fork, thick and wide tires, suspension seat post...etc?
 
In Europe a moped that is electrically powered can have up to a 4kW motor, with the maximum speed limited to 45km/h. Many countries here have very loose regulation with regard to licensing, registration and taxation of mopeds. Here in the UK we are stuck with the need for registration, road tax, insurance and either a normal car driving licence or a motorcycle licence.

Jeremy
 
I know this thread is on mopeds, but the information above is a little confusing and doesn't seem to make a clear distinction between the low power electric bikes and the mopeds.

http://en.wikipedia.org/wiki/Electric_bicycle_laws#California

This site contains a summary that references the California regulations:

California

Electric Bicycles are defined by the California Vehicle Code [24][25][26]. In Summary, Electric Bicycles are basically, by law, to be operated like conventional bicycles in California. There are several exceptions to this. A person must be at least 12 years old, and anyone riding an electric bicycle must wear a bicycle helmet. The e-bikes must have an electric motor that has a power output less than 1,000 watts, is incapable of propelling the device at a speed of more than 20 miles per hour on level ground, 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, operates in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operates 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.

Driver's licenses, registration, insurance and license plate requirements do not apply. A motorized bicycle is not a motor vehicle. A motorized bicycle shall only be operated by a person 12 years of age or older. Drinking and driving laws apply. Additional laws or ordinances may apply to the use of electric bicycles by each city or county.

Anyway, I carry a copy of the above when I take my ebike to California for rides.
 
Thanks for all the input guys. Let me try to clarify the reason of my question. I actually want to get a moped reg. I have some dirt bikes that have all the lights and everything, but they were not originally sold as street bikes, so florida says that I can not reg them for the street. However, if a bicycle that was never registered to ride on the street can be modified to moped status, then I am thinking that when I put an electric motor in my dirt bike I can back door it in the same way that a bicycle would become a moped. I just would like to be able to ride them around my neighborhood and such without having to be totally worried that a cop will give me a ticket just for riding it, even if I am riding within the speed limit and everything. I realize that most of the posts were trying to help me avoid having to pay the extra fees and do the registration on a bicycle, and I appreciate that. But I would like to know what steps are taken when you have a bicycle of the 30mph range and do reg it as a moped. Where do you take it, what type of paperwork do you need? etc.
 
Jay64: Think "Custom Chopper".

The dirtbike is just a collection of parts, as far as you are concerned.

Have a written bill of sale for the dirtbike as "parts", and a written bill of sale for the electric motor.

Build it. Then get it titled as an electric-motored "custom chopper".

Each state has different regs for handling hand-built motorcycles and mopeds, talk to local bike builders for advice.
 
Yeah, it was brought up a while ago about doing the custom chopper thing, maybe you were the one that mentioned it to me. (Sorry, I've had head injuries, so my memory is a little vague.) But I want to avoid some of the hassles of a full blown motorcycle if a moped is easier. I was just talking to someone yesterday who imports exotic sportbikes that are not originally sold in the US. Apparently he has some different ways of getting things passed through. He was pretty friendly, but that was when he was thinking that I might be buying a $7000 motorcycle from him. He might not be so open if I am not buying the bike from him.
 
CGameProgrammer said:
Under California law, no motorized vehicle that goes over 20 mph (including mopeds and 49cc scooters) is allowed to be in bike lane. Only human-powered vehicles or electric bikes that go less than 20 mph. But then even regular bicycles aren't legally allowed to go on sidewalks, yet the overwhelming majority here do just that, and they obviously don't get in trouble. So I ride in the bike lane if there is one since it's a hell of a lot safer, but I slow down to almost a bicycle speed when overtaking a cyclist..

Please help me here..do you have something? .. I have looked for months to find a statute that says bicycles or ebikes are illegal on California side walks. Found nothing as recent as March of this year. I have asked police in San Diego, La Jolla and Oceanside, and they said it was OK except for all bikes in shopping areas and ebikes in that one high traffic section by the Pacific Beach Roller coaster.

I am presuming bikes and ebikes ARE legal on california sidewalks unless a City has passed a law for itself.

thanks
d
 
deardancer3 said:
and they said it was OK except for all bikes in shopping areas and ebikes in that one high traffic section by the Pacific Beach Roller coaster.

Doesn't the federal law state that ebikes that meet their requirements can go ANY place that a bicycle can? Isn't that law supposed to supercede all other laws in that area? How can they say that only ebikes aren't allowed in that one high traffic section?
 
Jay64 said:
Doesn't the federal law state that ebikes that meet their requirements can go ANY place that a bicycle can? Isn't that law supposed to supercede all other laws in that area? How can they say that only ebikes aren't allowed in that one high traffic section?

There really isn't a "Federal Ebike law" (no matter what 'safe' says). There is a CPSC consumer regulation regarding the sales of electric bikes that permits selling bikes with electric motors, but not declaring them "motor-vehicles". So, Walmart and Target do not need to be licensed as MV sellers, since bicycles are used on public roadways.

State and local laws control roadways, everywhere in the US.
 
Jay64 said:
Thanks for all the input guys. Let me try to clarify the reason of my question. I actually want to get a moped reg. I have some dirt bikes that have all the lights and everything, but they were not originally sold as street bikes, so florida says that I can not reg them for the street. However, if a bicycle that was never registered to ride on the street can be modified to moped status, then I am thinking that when I put an electric motor in my dirt bike I can back door it in the same way that a bicycle would become a moped. I just would like to be able to ride them around my neighborhood and such without having to be totally worried that a cop will give me a ticket just for riding it, even if I am riding within the speed limit and everything. I realize that most of the posts were trying to help me avoid having to pay the extra fees and do the registration on a bicycle, and I appreciate that. But I would like to know what steps are taken when you have a bicycle of the 30mph range and do reg it as a moped. Where do you take it, what type of paperwork do you need? etc.

In Florida, it'll have to have functioning pedals to register as a moped.
 
pedals on a moped? So what is a vehicle like a razz registered as?
 
In many states, they aren't ... people just ride illegally.

http://moped2.org/mstates.htm

http://moped2.org/txt/florida_moped_laws.htm
 
Back
Top