Illegal bike confiscation possibilities by police not up to date on newer laws

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Talon

10 W
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SE Michigan
I had an idiot up at Starbucks call the police on me yesterday. When the 2 Michigan police officers arrived, he ran out in the parking lot to greet them and tell them that my electric bike is illegal to be driven on the sidewalk because it does not have "pedals" on it and that and that I should get a ticket for it. The two local police officers, one being a Sergeant came up to me and told me that my URB-E electric bike is illegal to drive on the streets and sidewalks and how am I supposed to get it home? I told him that I would walk it home that is only 2 blocks away. He then told me that if he saw me riding it, he would confiscate the bike. Here is the problem....... The state laws on electric bikes have really loosend up in Michigan in January 2018 and was signed by the Governor of Michigan. Instead of arguing with him, I just kept my mouth shut to not cause a scene and disrespecting the Sergeant and just walked the bike 1 block away, then rode it the rest of the way home in my city subdivision. The Sergeant was totally incorrect about the newer law that went in effect 1 1/2 years ago 😵 I have driven my URB-E daily for the last 2 1/2 years in the same downtown city with never a single problem from local law enforcement and have even talked to the same police department while sitting on my electric bike in the same city. The problem is that the Sergeant is not up to the newer state of Michigan law's on electric bikes and eventually I will be running into him again in the near future. I went and researched Michigan laws and I am 100% correct that my bike is in fact legal to drive on the roads, shoulders, and sidewalks. My URB-E is a Class 2 electric bike. I went and printed out the newer law from the internet and keep a copy in my pocket when I ride. Any other advice and suggestions from anyone here on this forum would be greatly appreciated. I don't want to have my electric bike confiscated for NO illegal reason because the Sergeant is not up to date on the newer laws about electric bikes in my state of Michigan 😩
 
Well, Michigan seems to have laws encompassing electric skateboards and low-speed vehicles, so not having a seat/pedals just makes it not a "bicycle" but probably a low-speed vehicle so they can still ride the URB-E.

http://www.legislature.mi.gov/(S(lgeqp0ikmremtznmncknumyk))/mileg.aspx?page=getobject&objectname=mcl-257-660&query=on&highlight=skateboard%20AND%20low-speed%20AND%20vehicle

To the OP, the best thing to do is keep a printout of a copy or two of the law right from there with you, with relevant parts highlighted so you can whip it out if necessary.

Honestly the laws seem pretty reasonable. And to try and confiscate your little URB-E is pretty funny. You can go around legally on a 25 mile an hour skateboard for fricks sake.

Edit I was wrong about the sidewalk bit says you can if you yield to peds.
 
Yep, carry the law with you is the only thing you can do. And if confiscated, bring it to show the judge, who also has no way to keep up with every single constantly changing law.

Unbelievable the cops responded to that call in less than 2-3 hours. You must live in a real nice town to get that kind of policing. In many places, a traffic cop is way too busy investigating the blood on the street to bother with a call like that, till much later.


FWIW, in a lot of places that urb-e would be illegal. But why did the guy call? What did you do? What did that guy see? By this I am meaning also, did he see a punk with leather vest and purple hair, or did he see a harmless old fart.


Just saying, there was a time when my hair length got me every ticket they could hand out, as well as some good civilian beatings. soon as I was 18, I started packing a gun, and at least did not get beat anymore. Few less tickets too, with the shotgun on the rack in the window of my truck.
 
Talon said:
I just kept my mouth shut to not cause a scene and disrespecting the Sergeant
Eh. Respect to all people should be the default, but he sounds like a government street thug. No need to respect someone who starts off your interaction disrespecting you(assuming you were polite and merely explained yourself). You're in the right. You shouldn't have to go around afraid of extortionists taking your property and demanding money from you. Especially when you're even following the rules they decided you should follow. I say just keep riding your bike.
 
dogman dan said:
Unbelievable the cops responded to that call in less than 2-3 hours.
Seriously. I've called the cops on people getting into fist fights a several times(bartender for years) and a guy actively stealing a bike once. I don't think they've ever shown in less than 15 minutes, if at all. One of their favorite hangouts was a parking lot literally a few blocks away from one bar I worked at and they couldn't manage less than 15 minutes...

On the other hand, I think that's the perfect call to respond to for most cops. Easy money, no work involved. Nothing beats ticketing regular folks who will simply comply with whatever you say and pay up with no hassle.
 
People who ride weird scooter/motorcycle looking things have been having legal trouble trying to convince the law that it's a bicycle since the start of this forum, maybe earlier..

Usually the person loses against the court unless they are not well prepared.

I suggest chosing a vehicle that fits into the category of something that's not typically electric and benefit from ignorance.
IE... bike... skateboard.. etc.
 
My reading of the Michigan law has me believing that scooter cannot be an ebike since it has no pedals. So either you ride in limbo land or try to be legal.

If you have a valid drivers licence, you might go down to your DMV and ask about registering it as a moped. No title is required in your state. Google says it's $15 for three years, ``but they will hit you for a 6% tax on the scooter if you didn't pay sales tax. Good grief, that scooter cost $1999?

https://www.michigan.gov/documents/sos/SOS_Moped_App_R-2L_220299_7.pdf
 
Talon said:
The problem is that the Sergeant is not up to the newer state of Michigan law's on electric bikes and eventually I will be running into him again in the near future. I went and researched Michigan laws and I am 100% correct that my bike is in fact legal to drive on the roads, shoulders, and sidewalks. My URB-E is a Class 2 electric bike.

From Michigan.gov:

Motorcycle means every motor vehicle having a saddle
or seat for the use of the rider and designed to travel on
not more than 3 wheels in contact with the ground but
excluding a tractor. MCL 257.31.

Moped means a 2- or 3-wheeled vehicle to which is
equipped with a motor that does not exceed 100 cubic
centimeters piston displacement, cannot propel the vehicle
at a speed greater than 30 miles per hour on a level surface,
and its power drive system does not require the operator to
shift gears. MCL 257.32b.

Autocycle means an enclosed motorcycle that is equipped
with safety belts, rollbar, windshield wipers, steering wheel,
and equipment otherwise required on a motorcycle, and
which has not more than 3 wheels in contact with the
roadway at any one time. MCL 257.25a

From HB 4782:

Sec. 13e. “Electric bicycle” means a device upon which an individual may ride that satisfies all of the following:
(a) The device is equipped with all of the following:
(i) A seat or saddle for use by the rider.
(ii) Fully operable pedals for human propulsion.
(iii) An electric motor of not greater than 750 watts.

From HB 4783:

(g) “Motorcycle” means a vehicle that has a saddle or seat for the use of the rider, is designed to travel on not more
than 3 wheels in contact with the ground, and is equipped with a motor that exceeds 50 cubic centimeters piston
displacement.

“Motor vehicle” means a vehicle, including a trailer, that is operated or designed for operation on a public highway
by power other than muscular power and has more than 2 wheels. Motor vehicle does not include any of the following:
(i) A motorcycle.
(ii) A moped.
(iii) A farm tractor or other implement of husbandry that is not subject to the registration requirements of the
Michigan vehicle code under section 216 of the Michigan vehicle code, 1949 PA 300, MCL 257.216.
(iv) An ORV.
(v) A golf cart.
(vi) A power-driven mobility device.
(vii) A commercial quadricycle.
(viii) An electric bicycle

So your bike is not an electric bicycle, and you could make the argument that is not a motorcycle (motor does not exceed 50cc.)
You could argue that it is a moped, since the definition of moped doesn't include pedals in Michigan. That gets you out of the insurance requirement, but you still need registration and license.
 
Agreed. The best legal match is moped. But I'm betting mopeds are not allowed on sidewalks or in bike lanes.
Your Urb-E seems more like an electric scooter to me, but it doesn't meet that Michigan definition either since it has a seat and no floor board for standing.

https://sinasdramis.com/michigan-personal-injury-attorney/electric-scooter-laws
 
Freedom comes with pedals, and using them. No matter it is fake pedaling and you ride fast. A spinning crank is enough to make the psychological illusion.
 
You may be legally in the clear, but this is a practical matter where common sense prevails.

Since you can't deal with the situation you created, follow MadRhino's EXCELLENT advice and add fake pedals.

If you want to deal with this at the cop-encounter level you can print out the relevant statutory language. They may or may not respect your printout (or phone screen).

It's best not to argue the law with cops. It gets you on their radar and they hate having their authority challenged. Find out a way to stay below the radar and you will have better results.
 
flat tire said:
It's best not to argue the law with cops. It gets you on their radar and they hate having their authority challenged. Find out a way to stay below the radar and you will have better results.

It's bad enough when you are right. But when you are wrong the odds of it getting really bad go up. And the OP appears to be wrong on this. He doesn't have a bicycle, much less a Class 2 bicycle. His wheel size alone disqualifies his URB-E.
 
flat tire said:
It's best not to argue the law with cops. It gets you on their radar and they hate having their authority challenged. Find out a way to stay below the radar and you will have better results.
Especially when you are on the wrong side of the law. It is, after all, a cop's job to enforce the law; telling him he is wrong/stupid when in fact he's right will not tend to convince him to go easy on you.

Agree on staying below the radar. An ebike with pedals is a good way to do that. An ebike that doesn't _look_ like an ebike is an even better way. A frame with a GMAC and a hidden/disguised battery is going to be almost transparent to everyone, cops included.
 
WOW....this thread exploded while I was gone. I am the OP. The Urb-E is sold as a Class 2 ebike. Keep in mind that I have owned and driven my Urb-E Pro-GT almost everyday for 2 1/2 years now in the very same city. I also drive it all Winter unless it is colder than 20 degrees F. I can guarantee you that each cop in the department has seen me at least 25+ times over the last 2 1/2 years and I have never been stopped or questioned about the Urb-E. I have the only one in the entire city so I am easy to spot. The Sergeant that talked to me treated me like I was some type of idiot for zero reason. I am 60 years old and do not wear leathers, tattoo's or purple hair. I was very polite to both officers and the whole encounter lasted about 5 minutes.The Sergeant had to "stick his chest out" in front of the idiot that called police on me is what I think. I am not gonna stick on fake pedals to fool the law enforcement. I live in good city with very little crime so the police tend to get bored and pick on things that are not important. From the time the idiot called until the officers arrived it was around 5 or 6 minutes. What a waste of my tax payer money :roll: I have been driving my Urb-E around town the last 3 days with a copy of the recent ebike laws in case that I get harassed again in my pocket. I don't have a valid drivers license, so the Urb-E has been a godsend for me to get around town. Today I was driving from the park to my Starbucks and there is a 4 lane "Yield to Pedestrians" sign in the middle of the road. I stopped and waited for the traffic to stop, and our black unmarked Ford Explorer police vehicle approached and stopped at the walkway and waited to me to drive my Urb-E to cross the road..... :shock: I figured that I might lose the Urb-E right there. The police waited for me to cross and just continued on his way past me :D We only have 1 unmarked police vehicle in the city and the Sergeant or Commander is the only officer that drives the black unmarked Explorer. All other police vehicles are white Explorers. I felt much better as I was excepted in the city as I always have since February 1st of 2017 when I first took delivery of my Urb-E. I will continue to drive daily with the newer laws in my pocket and hopefully I won't get hassled by a showboating Sergeant again :D
 
Well, good luck... but i think the manufacturer of your scooter lied to you, and it's just gonna be problems for you as time goes on.
Velomobile riders have this problem because they are rare on the road and go fast without license plates.

I have been seen going crazy speeds on many a bicycle by a gazillion cops, but i was always pedaling. Every bike i have had has had a chainring large enough to support me applying power to the ground ( one bike had a 63T! ) at the top speed the bike was capable of. The speed i stop pedaling at is 45mph, as it makes more sense to lay my chest on the handlebars from a power consumption perspective.

The only time i ever was confronted by law enforcement was the ONE TIME i rode a bike without a chain and both pedals pointed down. The officer cracked a joke about me being lance armstrong and drove off. I was doing 35 in a 35.
 
There is a good chance that the cop was just appeasing the person who called to make sure they were appearing to do something about their concerns. Still worrying, but the attitudes towards the bike would be a bit different if they are just driving past rather than responding to someone who called them.

The law not keeping up with technology is a real shame when it comes to small EVs.
 
Talon said:
WOW....this thread exploded while I was gone. I am the OP. The Urb-E is sold as a Class 2 ebike.
Looks like they sold you a bill of goods. It's not actually a class 2 ebike, at least not in Michigan.
. . . I figured that I might lose the Urb-E right there. . . .
You still might; it's not a legal ebike in Michigan. I agree that the law is dumb and that enforcement of it shouldn't be a high priority. But if you get caught, you may lose the bike - and you will be in the wrong. If that does happen, I'd go back to the place that sold you the bike and demand they make it right. They shouldn't be able to get away with lying to you.
 
I just searched to see what the Urb-e looks like. I have seen a similar folder called A-bike, that has a functional crank.

In most places I know, a bike that has no functional pedals would not qualify as bicycle nor ebike. It is a scooter IMO, but most regions of North America will let you ride it without a drivers license or registration. Nevertheless, I believe the A-bike version that has a crank is more likely to be accepted by the police as a legal ebike.

I believe very few regions would allow them to ride on sidewalks. Yet they are not the kind to speed, and they should look pretty inoffensive to anyone. I wonder why someone called the police on you because of it.
 
Still wondering what made that guy call the cops. Especially if you are also a harmless old fart like me.

Yes, easy work for a cop. Lots of places though, anything less than a bar fight gets priority 10. So the cops go work the murder, the baby that got shaken, etc.


They can sell the Urb-E as a coffeemaker, but it won't make it a coffeemaker. No pedals, its NOT an ebike. Take that law to court, likely you lose. You do need to stay off the sidewalks, if only bikes are allowed. Just when arriving at someplace though, where some jerk might call it in, and you'd still be there.


Sounds like except for one particular cop, you are ok. We had a cop like that in town when I was young. He targeted teens. Loved to give tickets for speeding in school zones to bicycles. Really loved to chase down a guy riding a dirt bike on the street.


I would not worry too much, that cop is not out to find you I think. And mostly, he will be busy writing tickets to the guys who rear end somebody at the light.
 
And even with pedals, they have a 14" wheel size rule in Michigan. In Arizona they require 16" wheels for a thing to be a bicycle.
Silly? Sure. But if it comes down to an enforcement issue the actual silly laws will matter.

I think it is nice that most of the cops take a "no harm - no foul ... let people be" attitude. But all it takes is for one of them to choose not to do so. Time to lobby the legislature I guess.
 
I had to look it up too.

URB-E.jpg

Here in CA, this would be considered a class 2 bike even though it doesn't have pedals.

I saw the jerk that called the cops on me, I would follow him to the parking lot and get a picture of the license plate on his car and later file a complaint about something.
 
fechter said:
I had to look it up too.

URB-E.jpg

Here in CA, this would be considered a class 2 bike even though it doesn't have pedals.
No. I don't believe you are correct. It still has to have pedals that work.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1096

SECTION 1. Section 312.5 is added to the Vehicle Code, to read:
312.5. (a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.
(1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.
(b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.
(c) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.
 
URBAN626 is the company that designed and makes the URB-E in Pasadena, CA. They are legal as a Class 2 ebike in CA.
 
Talon said:
URBAN626 is the company that designed and makes the URB-E in Pasadena, CA. They are legal as a Class 2 ebike in CA.

Well, I quoted the law above and it is pretty clear that to be an e-bike you must have functional pedals. Has there been an update to the law or precedent court decisions?
 
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