Kansas Law: Ebike is not a "Motorized bicycle"

[Nehmo]

The Kansas City metropolitan area spans the Kansas-Missouri border, and there are numerous legal peculiarities * caused by this multi-jurisdictional layout. Many things are legal in the Kansas part of the city - but not in the Missouri part & visa-versa.
Regarding ebikes (or generally, motorized bicycles), I believe in Missouri, anything less than 3 horsepower is legally not motorized, and I wanted to understand the definition in Kansas, so I looked it up. The law is oddly written.


8-1439a. "Motorized bicycle" defined.
"Motorized bicycle" means every device having two tandem wheels or three wheels which may be propelled by either human power or helper motor, or by both, and which has:
(a) A motor which produces not more than 3.5 brake horsepower;
(b) a cylinder capacity of not more than 130 cubic centimeters;
(c) an automatic transmission; and
(d) the capability of a maximum design speed of no more than 30 miles per hour except a low power cycle.

The third line states, “and which has:”. This means to be a Motorized bicycle, the device must have _every_one_ of the following characteristics. The construction of the statute doesn’t mean that a Motorized bicycle can have one of those characteristics. Thus, if a ebike does not have an automatic transmission, it is not considered a motorized bicycle. If it does not have a “cylinder”, it is not legally considered a motorized bicycle. In other words, ebikes are legally not motorized bicycles in Kansas. They are just bicycles.
Where this leads I’m not sure, but it seems a number of statutes don’t apply to ebikes.

*(An interesting side story: A relatively new and functioning Quick Trip convenience store that sat on property that straddled the state line was recently demolished and then rebuilt 50 feet (15 meters) east of its former location because liquor selling laws are more liberal in Missouri.)

 

[Sunder]

Be careful with that interpretation. Because some states use a definition of vehicle as anything with wheels - then exclude certain types of vehicles. For example, let's say we made a rule that says:

1. Any conveyance, without regard to the source of power, is a vehicle. All vehicles must be registered.

2. With respect to rule 1, any vehicle of two wheels which is powered solely by human effort is not considered a vehicle.

3. With respect to rule 1, a vehicle having "two tandem wheels or three wheels which may be propelled by either human power or helper motor, or by both, and which has:
(a) A motor which produces not more than 3.5 brake horsepower;
(b) a cylinder capacity of not more than 130 cubic centimeters;
(c) an automatic transmission; and
(d) the capability of a maximum design speed of no more than 30 miles per hour except a low power cycle."

Is a motorised bicycle, and is also exempt from rule one.

So... If you don't have an automatic transmission - you don't fall back into the bicycle definition (because you're not solely human powered), you actually fall back into a normal vehicle definition and you need to be registered.

I could be totally wrong, but lawyers have their own way of doing things. Don't just assume that because you don't meet the definition of a motorised bicycle, it means you are a bicycle. You could be an unregistered vehicle in the eyes of the law.

 

[Dauntless]

Sorry, but I'm having a hard time experiencing the sheer terror you were going for. I tried. Actually I might guess they'll have a hard time moving a little electric bike beyod bike from this.

 

[dkw12002]

This is the golden age of e-bikes. At some point in time, states are going to want to call all e-bikes either mopeds or motorcycles, same as they do with gas engines. Why? state revenue from tax and registration fees. Oh, and the insurance industry is powerful and getting even moreso. They can put whatever money they wish into changing motor vehicle laws to include e-bikes as something that requires liability insurance. We are getting a free ride...for now, but only because there are so few of us. Actually, the Feds have no vested interest in regulating e-bikes.

 

[Lock]

The third line states, “and which has:”. This means to be a Motorized bicycle, the device must have _every_one_ of the following characteristics. The construction of the statute doesn’t mean that a Motorized bicycle can have one of those characteristics. Thus, if a ebike does not have an automatic transmission, it is not considered a motorized bicycle. If it does not have a “cylinder”, it is not legally considered a motorized bicycle. In other words, ebikes are legally not motorized bicycles in Kansas. They are just bicycles.

No, they are "just" motorcycles:
http://kslegislature.org/li/b2011_1..._article/008_001_0026_section/008_001_0026_k/

8-126. Definitions. The following words and phrases when used in this act shall have the meanings respectively ascribed to them herein:
(a) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting electric personal assistive mobility devices or devices moved by human power or used exclusively upon stationary rails or tracks.

(b) "Motor vehicle" means every vehicle, other than a motorized bicycle or a motorized wheelchair, which is self-propelled.

(d) "Motorcycle" means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term "tractor" as herein defined.

Amazing to think there could be such a significant typo(?) in the definition for "Motorized bicycle"... surely not the intent of the law.

 

[dogman dan]

The real question is do the cops care? My bet is that the cops will ignore whether your motorized bike has a gas or electric motor, and whether it has a transmission, provided you just behave. Fortunately you don't require a vin number and a tag.

Stop at the stops, ride the right direction, keep it under 30 mph. Unless you are known to the cops, and made enemies, I bet they don't care one bit. They have better things to do than check mopeds for a transmission.

If the cops hate you already, then you will get it for something else anyway.

It does say you can have 3.5 hp though. 8) So get a slow winding motor so 3000w doesn't exceed 30 mph.

 

[dumbass]

It could be simply the wrong law is being interpited. In Illinois we have a law for motorized bikes (gas motors) and for ebikes. Totally different laws and requirements.

Bob

 

[John in CR]

Nehmo,
You have a pretty liberal definition, so as long as "motorized bicycles" don't have some heavy restrictions or difficult registration requirements, then don't buck the definition in the spirit of the law. Why are you trying to be just a bicycle? Here mine are motorized bicycles, which are treated identical to regular bicycles except that I can legally be on the highways that have minimum speed requirements and bicycles are prohibited. The girls at the toll booths do freak out though and always tell me to go around the right side of the toll plaza and avoid paying a toll. The highway is so nice and well kept, and is the almost the only road with a proper shoulder, that I gladly pay the toll. Cyclists from around the metropolitan area hang their bikes on their car racks (blasphemous in my view) to come ride the highway shoulders near my house regardless of the prohibition and without transit police hassle (as it should be since they harm no one). Of course they never stop to pay the toll.

I interpreted your law differently:

It has a cylinder capacity of 0, which is less than 130cc

It has an automatic transmission of just 1 speed, with no clutch or multiple gears unlike it's counterpart, a manual transmission.

I believe my interpretation is within the spirit and letter of the law.

John