Electric Bikes - I want to start a petition in my area to legalize E bikes-how should i go about this?

Bikeforums.net is a forum about nothing but bikes. Our community can help you find information about hard-to-find and localized information like bicycle tours, specialties like where in your area to have your recumbent bike serviced, or what are the best bicycle tires and seats for the activities you use your bike for.
cheesepuff12
08-07-08, 07:49 PM
the title says it all. I'm in Plainfield IL and i want to ride my bike to work instead of my car due to gas, the problem is that its illegal to ride them here. Its like, i have to go to work to get money to get gas so that i can drive to work :twitchy:. and i think its unfair that they keep this way of transportation illegal for us :mad:. how should i go about doing a petition?:troll:
you could start a webpage.
I suggest you write to your city.
Mopeds (gas) were banned in Elgin, Ill until recently (?) until someone wrote to the city and was able to get the ban lifted.
Read the thread at a moped forum
http://www.mopedriders.org/viewtopic.php?t=9778&highlight=ban
If that fails write to your newspaper
cheesepuff12
08-07-08, 09:43 PM
this is a start. any more ideas? i will try them all provided that they are a good idea.
cheesepuff12
08-07-08, 10:42 PM
OK, so here is a rough draft of what I am going to send to the city - please, i know there are some grammaical errors on it, that's why its not the final copy. Tell me what you guys think.
I, and many others in the community, want to lift the ban on Bicycles with electrical assist. As you may know, in the last few years gas has gone up in price to where there is a major economical benefit from electric bikes. With many citizens spending more of their income on filling their gas tanks, we see it fitting for a new, more affordable way of transportation. Scientist scramble to create more fuel efficient cars, other resort to public transportation. The answer we've all been looking for in this city is right under our noses.
Coincidentally, we have been found a way, but by law it so happens to be an "illegal" way of getting around. I ask you, does the city think it is fair to keep a very simple and environmentally friendly way of getting around restricted from even people who, sadly, go to work to get money for gas just so they can get to work? Is it not time the city realized the need for such vehicles as an electric bicycle to get around? Other cities have. They saw that gas was a problem and they then allowed E-bikes (electric bicycles) to help fix the problem. You see, the advantage to having an electric motor to help you move around is that one can travel distances of 20, 30, even 50 miles on a single charge of a battery for just penny's per mile and less harm to the environment.
One question that bothers me is that other cities have seen the need for bikes like this, why haven't we? Why is this very cheap and efficient way of getting around still illegal? Why are we not realizing the potential of these bikes and there ability for relief at the pump? Other places have wised up and lifted the ban on these bicycles because they are a simple solution to what we have been trying to archive - a safe, cheap what to get around. I ask you, what are the harm of letting these bikes become a legal way of getting around? What bad things does the city think they will do? What is preventing this type of vehicle from being used legally when clearly this now can be seen as a feasible way of getting around?
Now more than ever, there is a need for vehicles such as this and I think the city knows it, and if they didn't, they do now. We the people want to see a day where we no longer have to deal with traffic, when instead a ride on a bike through the park is an option. And where using a battery prevails over using a gasoline engine. Where there is a need for change, there will be a solution, and the people of this city don't want that solution to be banned any more. We see the road as the past and the bike trail as the future. Where the price at the pump is something we needn't care about any more. Where the city realized the solution and answered the cry of help that we called out for, and made this city a step ahead of the rest. We need this city to be that city.
Obi-Wan zenabI
08-07-08, 10:51 PM
Paragraphing helps.... people don't really read stuff, they just skim it. Package it for easier consumption and it's more likely to gain traction in Bureaucracyland.
Solar.110mb
08-07-08, 11:38 PM
I am surprised they are illegal there. Leave it up to government to stick their nose in our business and tell us what we can or cannot do. They suck, damn tyrants. I hope you didn't find out the hard way by getting a ticket? I hope you get ebikes legalized, I find them so enjoyable and they are nearly free transportation.
cheesepuff12
08-07-08, 11:43 PM
Well, i dont have one...yet. before I was guna buy one, i called the police department and asked about the rules and laws on E-bikes. right away they said they were illegal. no acceptations what so ever. this made me mad cuz i had just purchased a LiFePO4 24v 20Ah battery for $455. if writing to the city dont work im guna make a petition and advertise the petition in the local news papers.
JinbaIttai
08-07-08, 11:59 PM
Write a local politician that could introduce it as a bill, to legalize motorized bikes. Whether or not it is true or accurate, fighting global warming is a popular new trend in politics and any bill that appears to combat it surely will make the politician look good.
juggleaddict
08-08-08, 12:03 AM
Wouldn't E bikes be SAFER??? because they can keep up with traffic even after your first 10 or 15 miles :P
and 2.) would anybody really enforce this law? Before this sounds silly, i know for a fact that if they were illegal where i live, that nobody would ever say anything about it if you had one.
cheesepuff12
08-08-08, 12:09 AM
very true. I'll use any edge i can. and yes juggle, that true for here as well, but i dont wana risk getting pulled over...
Heres my take
1. I'm assuming the state of Illinois allows e-bikes.
2. Make sure the state law allows local ordinances to ban e-bikes (some state say cities can't ban them)
3. I think your letter should not mention e-bikes in conjunction with bike trails. Just concentrate on getting the e-bike ban lifted.
4. Your letter is too long; Some remarks in your letter are almost condecending; recommend you change those.
edit: The Elgin, Ill city saved face by explaining they overlooked mopeds since their law was written with e-scooters and pocket bikes in mind. So give your city a chance avoid embarassment.
5. Research and find out more about the ban lifted in Elgin, Ill for mopeds. Refer to that in your letter.
6. Is this letter addressed to a person representing your district?
JinbaIttai
08-08-08, 12:33 AM
I could see it enforced because of neighbors annoyed by roving bands of kids flying by on e-bikes. Or perhaps pissed off trail riders that somehow figure out you are motorized. I bet riding at 20 mph+ down a city sidewalk would do it too...
cheesepuff12
08-08-08, 12:46 AM
ok.
crackerdog
08-08-08, 01:11 AM
I serve on our local non-motorized transportation advisory board. First, I would check to see if it is illegal. Cops don't know the laws very well. Look up the code online or at your library or city hall. Might be that electric bikes are OK but engines aren't.
Next, your letter needs some editing. I find it works well to be positive and not condemning. It may well be that the law was written for another reason and they didn't forsee electric bikes back then. Now is a good time to update the law. Give them the 'federal standards' which show that others have thought this through and have come up with simple rules. Federally, ebikes under a certain wattage motor and with speed limiting are considered bicycles. Is there a nearby city that does allow ebikes? How is their ordinace written. Give your city a copy of that ordinance. I agree, don't mention trails. We don't allow ebikes on trails or multi-use trails. They can be used in bike lanes. I use an ebike for hauling trailers with my construction tools and materials which I could not do here with our steep hills. Mention that electric motors are quiet. Good luck and fight the good fight.
cheesepuff12
08-08-08, 10:02 AM
I called the police department and asked for the laws on the bikes. I dont know if any near by cities allow them. and thanks guys for your help. what else can i do to legalize e bikes?
A few thoughts...
1) Spellcheck, including grammar and punctuation. Don't just do an automatic spellcheck, have someone read it over and correct it.
2) Take out the personal address format. Take out the "as you may know" and "I ask you" stuff; it's too melodramatic. Politicians want straightforward facts with minimum wording. Emotional appeals might be scoffed at. Write it as if it were a business letter.
3) Find some statistics on e-bikes in cities that do allow them. Are they involved in as many accidents per capita as regular bikes, motor scooters, skateboards/rollerblades, or motorcycles? Are they involved in as many crimes, such as trespassing, unsafe stunt riding in unauthorized places, or street racing? Someone mentioned gangs of hooligans on e-bikes, and the mental image made me giggle. Around here the e-bikes are used by serious commuters who can't climb the hills and need motor assist. Our young hooligans are on boards and BMX bikes, and the grownup hooligans have motorcycles and tricked-out Honda Civics.
cheesepuff12
08-08-08, 01:03 PM
*UPDATE*
OK guys, I sent the e-mail and here is the response they gave me
----------------------------------------------------------------------------------------------
Dear Mr. BLANK
I have forward you request to the proper department for discussion.
Thank you for contacting the Village and please feel free to contacting us if you have any further questions or concerns.
Village of Plainfield
The Ill. vehicle code is difficult to understand but I believe an e-bike is in the same category as a "motorized pedalcycle". If so, it has to be registered and licensed by the state in which case the city prolly can't prevent you from riding.
I would call or see the Dept of Motor Vehicles to verify.
crackerdog
08-08-08, 09:22 PM
According to the Plainfield IL municipal code, if you register it as a moped, you can drive it on the streets. Only motorized vehicles that can't be licensed are illegal. Segway riders don't like the law either. Get together with them too.
Solar.110mb
08-08-08, 10:52 PM
How about this= Buy or build your eBike and print yourself a copy of this US Federal law that supercedes any and all state laws that are more stringent than federal laws. Show this to the police if they pull you over, show it to the judge if they ticket you.
http://veloteq.com/pdf-files/pl07-319_act.pdf
How about this= Buy or build your eBike and print yourself a copy of this US Federal law that supercedes any and all state laws that are more stringent than federal laws. Show this to the police if they pull you over, show it to the judge if they ticket you.
http://veloteq.com/pdf-files/pl07-319_act.pdf
Fed doesn't regulate states regarding operation and licensing vehicles including electric bikes. This Fed law deals with safety.
Solar.110mb
08-08-08, 11:10 PM
Fed doesn't regulate states regarding operation and licensing vehicles including electric bikes. This Fed law deals with safety.
Isn't the purpose of this law to reclassify an eBike as a Bicycle rather than a motor vehicle? If it is classified as a Bicycle, then States/Cities would have to treat all Bicycle's the same whether eBike or regular bike. If you require a license on an eBike then the same would be required for a regular bike?
maddyfish
08-08-08, 11:59 PM
According to the Plainfield IL municipal code, if you register it as a moped, you can drive it on the streets. Only motorized vehicles that can't be licensed are illegal. .
If this is true this seems reasonable. Just register it, and put a plate on it.
swensen
08-09-08, 09:39 AM
Fed doesn't regulate states regarding operation and licensing vehicles including electric bikes. This Fed law deals with safety.
I suggest reading more carefully, Federal law ALWAYS has supremacy over State law, only the fact that the Federal govt. has chosen not to regulate most aspects of motor vehicle law allows state regulation. In the case of the ebike rules the federal regulation specifically states that it is intended to supersede any more stringent state or local regulation. In this case your ordinance won't stand in court but you may have to appeal it upward at considerable expense if the local judge doesn't happen to agree with you.
I suggest reading more carefully, Federal law ALWAYS has supremacy over State law
I should have been more specific. You are correct that this is a regulation which of course, has the same effect as a law.
Indeed, it is part of the Consumer Product Safety Act and regulates sales definitions and nothing about when, where or how an electric bike can be operated.
The CPSC language specifically states (regarding sales), that the fed act supersedes, except where the local law is more stringent.
cheesepuff12
08-09-08, 01:41 PM
well its good to see this thread is really taking off :D so far, no other responses have been given to me. I'll keep everyone posted when there is one.
trekker pete
08-09-08, 06:46 PM
I suggest reading more carefully, Federal law ALWAYS has supremacy over State law, only the fact that the Federal govt. has chosen not to regulate most aspects of motor vehicle law allows state regulation. In the case of the ebike rules the federal regulation specifically states that it is intended to supersede any more stringent state or local regulation. In this case your ordinance won't stand in court but you may have to appeal it upward at considerable expense if the local judge doesn't happen to agree with you.
Here's the problem with your logic. Fed law does over rule local laws, but, it does not restrict local laws from going further as is the case here.
Personally, I think the feds stick their noses in wayyyyyyy to many places it doesn't belong.
As for your letter, I will echo what others have said. Lose the padding. Get to the point quickly. A few paragraphs will do.
crackerdog
08-10-08, 10:47 AM
I would find out when the ordinance was passed. I would then find out if the same people are sitting on the council or if they are different. If different, I would find one that is a bicyclist or an environmentalist and talk to them about your next step. Don't send letters until you get the real dirt on the local politics, if you REALLY want to change things. Don't offend anyone, even the people who offend you, you will lose more than you gain in politics. When I go to my city hall, I always act politely and assume the people there will help me. I always thank them for their time even if they seem not to care. Next time I come in, they are even nicer and more helpful. This will take time and effort on your part, most likely a year or two.
cheesepuff12
08-10-08, 11:16 AM
a year or 2? thats a bit of a long wait...
Doug5150
08-10-08, 03:05 PM
The Ill. vehicle code is difficult to understand but I believe an e-bike is in the same category as a "motorized pedalcycle". If so, it has to be registered and licensed by the state in which case the city prolly can't prevent you from riding.
I would call or see the Dept of Motor Vehicles to verify.
This is not correct.
Under the IL motor vehicle code, a bicycle cannot be registered as a motor vehicle at all.
To register it, you would need to have either a certificate of origin (with a new vehicle) or an existing title to transfer, and to get a title issued it needs to have a VIN#. Bicycles have serial numbers but not federal-format 17-digit VIN#s (like what cars have), and there is no provision under IL law to grant them.
Also we note: in the IL motor vehicle code, the term "motor vehicle" is a specific technical term, referring ONLY to vehicles which bear a federal-format 17-digit VIN#. It does not apply to anything you put a motor on.
Under current Illinois state law, the technical definition of "bicycle" does not prohibit engines--so a bicycle with an engine that falls under the moped size limits is still considered a bicycle, is still operated the same as a bicycle, and doesn't require any licensing, registration or insurance.
Just because state law allows them, this does not mean that towns can have their own ordinances prohibiting motorized bicycles.
----
The most important thing to do FIRST when considering any motorized bicycle is to check with whatever department registers cars in your area, to see if bicycles with engines are legal to use on public roads. When you ask, you need to EXPLAIN TO THEM that you have "a bicycle that you put an engine on", do not say "moped" or "motorized bicycle" because those can have different legal meanings.
And (at least in the US) everywhere is different with respect to motorized bicycle laws, do not assume that one place does it "pretty much" like the others!!!
~
Doug5150
08-10-08, 03:10 PM
a year or 2? thats a bit of a long wait...
I assume this is a local / town ordinance that prohibits them?
----
If so, you might ask what the original reason was for the ordinance.
With a lot of communities I know the reason was that state law doesn't set any lower age limit on motorized bikes, and towns wanted to keep small children from riding them dangerously. Could you live with a 16-yr-old minimum operator age requirement?
~
Thanks Doug for pointing out that an e-bike can't be registered and falls in the same category as a regular bike. Similar to California.
If so, you might ask what the original reason was for the ordinanceMaybe this city is trying to place an e-bike is the same category as an e-scooter which Illinois outlawed (or tried) a few years back.
cheesepuff12
08-11-08, 03:39 PM
cool. if i am ever going to need to tell the city this in my defense, I cant just say someone on the internet told me. where can i find all this info you guys gave me on a legit and official legal documentation?
toyfountain
08-11-08, 11:11 PM
With letters to the politicians, I would join actual positive examples of other jurisdictions regulations for ebikes. If they are anything like my boss they would prefer to have solutions included with a stated problem. It saves them from having to work and think too hard if they intend to help.
Doug5150
08-11-08, 11:28 PM
cool. if i am ever going to need to tell the city this in my defense, I cant just say someone on the internet told me. where can i find all this info you guys gave me on a legit and official legal documentation?
Who told you motorized bicycles are not legal?
I could not find any documentation of this in the Plainfield IL municipal code:
http://www.municode.com/resources/gateway.asp?pid=10742&sid=13
Chapter 5 article 1 section 5-3 says they're adopting state motor vehicle code, unless amended otherwise.
Chapter 5 article 1 section 5-12, "Motorized vehicles which cannot be licensed", says that-
"Motorized play vehicle. Each and every device that, together with its operator, passenger or load, is propelled in whole or in part by means other than human motive power, and that is capable of being operated upon any highway, road, street, parking lot, sidewalk or other property within the village, including but not limited to electric personal assistive mobility devices as defined in 625 ILCS 5/117.7 and any and all devices known as or referred to as motorized scooters, motorized skateboards, go-karts, mini-bikes, which are propelled by any type of motor or engine whatsoever and include a platform or other space on which an operator or passenger may ride, but excluding motorized wheelchairs as defined in 625 ILCS 5/148.3, and vehicles for which certificates of title and registration plates or stickers have been issued by the State of Illinois pursuant to the provisions of the Illinois Vehicle Code, 625 ILCS 5/1-100 et. seq. ..."
That section doesn't say anything about bicycles, which are already street-legal according to IL Motor Vehicle Code, and don't require title or registration.
And the IL Motor Vehicle Code does not prohibit motorized bicycles.
~
crackerdog
08-12-08, 10:15 AM
Doug5150, you may be right. I find no definition of the phrase Motorized Play Vehicle. My bike is certainly no 'play' vehicle. It is more fun than using my truck but I use it for work almost exclusively. This was enacted in 1988 at about the time those dreadful, loud, unlicensed small motorbikes were running around. They were quickly made illegal almost everywhere. They were designed only for 'play' and I suspect this is where this ordinance got started. However, I did a google for your village and found the Segway crowd also bemoaning this ordinance. Personally, I would get an electric bike that doesn't go over 20mph (easy if you install an Cycle Analyst) and doesn't have more than 750 watt motor (how they would ever check that I don't know).
Solar.110mb
08-12-08, 11:55 AM
If you are still worried, you can buy one of these low profile ebikes. Jeeze, I can't even see the motor on this one. Is it in a tiny rear hub or in the sprocket somehow. Batteries are tucked away out of sight also.
A bit expensive but how would they ever know this is an ebike?
http://www.walmart.com/catalog/product.do?product_id=5983261
cheesepuff12
08-12-08, 01:08 PM
I called the police department and they said it was illegal.
I called the police department and they said it was illegal.
They just enforce the law, They don't determine if you are guilty or not.
just because a Cop says its illegal doesn't mean a thing until a judge rules that it is.
If you are interested in fighting for the legality of this you should be prepared to run into some resistance...which might include being hassled or ticketed by the police. Then you get your "Day in Court" as they say and you'll plead not-guilty and have a trial and you can the Cop can both hear what the Judge has to say.
cheesepuff12
08-12-08, 04:04 PM
i really dont feel like being pulled over...
Solar.110mb
08-12-08, 07:08 PM
Do you really think a police would pull this thing over?
http://www.walmart.com/catalog/product.do?product_id=5983261
Doug5150
08-12-08, 07:31 PM
I called the police department and they said it was illegal.
It's very possible they aren't clear on the subject, and are just assuming that a motorized bicycle is classed the same as rideable non-bicycle toys like pocket bikes (and they aren't).
What I'd advise you do is this:
1) email the DMV website and ask if a bicycle with a motor is legal to ride on public roads.
2) attach that email, and forward it to the police dept's general info email address, noting that you asked them and were informed that it was not legal, but the Sec of State says it is.
3) go riding. If you get stopped, refer to the email that you received from the DMV, and that you forwarded to the local police dept.
-----
I am in IL too, and I take mine out about once a week or so.
It's built to look like an antique motorcycle, the engine is plainly visible.
http://www.norcom2000.com/users/dcimper/assorted/inanities/recumbent/moto_bike_page/episode021/popeye_chester.jpg
I've passed more police cars than I remember, I haven't ever been stopped once and I don't just stay in my own neighborhood, either.
The longest trip I did was ~72 miles one-way. The most-recent trip was 40 miles one-way.
In Illinois, it's legal.
~
cheesepuff12
08-12-08, 08:15 PM
cool. is there a web site i can go to so i can e mail them?
mrlassiter
08-14-08, 07:14 AM
cool. is there a web site i can go to so i can e mail them?
Frnakly, just a little search will turn up all you need in the way of municipal codes... I didn't want to do all the work, so I didn't check but there is most likely a link or two for addresses on this site for contacts for the city council, et. al.
http://www.plainfield-il.org/departments/planning.php
mrlassiter
Motorized vehicles which cannot be licensed
Each and every device that, together with its operator, passenger or load, is propelled in whole or in part by means other than human motive power, and that is capable of being operated upon any highway, road, street, parking lot, sidewalk or other property within the village, including but not limited to ...
How does this not apply to bicycles with motors on them?
mrlassiter
08-14-08, 12:48 PM
Motorized vehicles which cannot be licensed
Each and every device that, together with its operator, passenger or load, is propelled in whole or in part by means other than human motive power, and that is capable of being operated upon any highway, road, street, parking lot, sidewalk or other property within the village, including but not limited to ...
How does this not apply to bicycles with motors on them?
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+1&ActID=1815&ChapAct=625%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=49&ChapterName=VEHICLES&SectionID=59126&SeqStart=100000&SeqEnd=29300000&ActName=Illinois+Vehicle+Code%2E
Illinois State Vehicle code definitions:
(625 ILCS 5/1‑217) (from Ch. 95 1/2, par. 1‑217)
Sec. 1‑217. Vehicle. Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under Section 3‑101(d) of this Code, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.
For the purposes of this Code, unless otherwise prescribed, a device shall be considered to be a vehicle until such time it either comes within the definition of a junk vehicle, as defined under this Code, or a junking certificate is issued for it.
For this Code, vehicles are divided into 2 divisions:
First Division: Those motor vehicles which are designed for the carrying of not more than 10 persons.
Second Division: Those vehicles which are designed for carrying more than 10 persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses.
(Source: P.A. 92‑812, eff. 8‑21‑02.)
(625 ILCS 5/1‑106) (from Ch. 95 1/2, par. 1‑106)
Sec. 1‑106. Bicycle. Every device propelled by human power upon which any person may ride, having two tandem wheels except scooters and similar devices.
(Source: P.A. 85‑951.)
(625 ILCS 5/1‑145.001) (from Ch. 95 1/2, par. 1‑148)
Sec. 1‑145.001. Motor driven cycle. Every motorcycle and every motor scooter with less than 150 cubic centimeter piston displacement including motorized pedalcycles.
(Source: P.A. 90‑89, eff. 1‑1‑98.)
(625 ILCS 5/1‑148.2) (from Ch. 95 1/2, par. 1‑148.2)
Sec. 1‑148.2. Motorized Pedalcycle. A motorized pedalcycle is a motor‑driven cycle whose speed attainable in one mile is 30 mph or less, which is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears.
(Source: P.A. 83‑820.)
(625 ILCS 5/3‑805) (from Ch. 95 1/2, par. 3‑805)
Sec. 3‑805. Electric vehicles. The owner of a motor vehicle of the first division propelled by an electric engine and not utilizing motor fuel, may register such vehicle for a fee not to exceed $35 for a 2‑year registration period. The Secretary may, in his discretion, prescribe that electric vehicle registration plates be issued for an indefinite term, such term to correspond to the term of registration plates issued generally, as provided in Section 3‑414.1. In no event may the registration fee for electric vehicles exceed $18 per registration year.
(Source: P.A. 91‑37, eff. 7‑1‑99.)
(625 ILCS 5/3‑806) (from Ch. 95 1/2, par. 3‑806)
Sec. 3‑806. Registration Fees; Motor Vehicles of the First Division. Every owner of any other motor vehicle of the first division, except as provided in Sections 3‑804, 3‑805, 3‑806.3, and 3‑808, and every second division vehicle weighing 8,000 pounds or less, shall pay the Secretary of State an annual registration fee at the following rates:
SCHEDULE OF REGISTRATION FEES
REQUIRED BY LAW
Beginning with the 1986 registration year
Reduced Fee
Annual On and After
Fee June 15
Motor vehicles of the first
division other than
Motorcycles, Motor Driven
Cycles and Pedalcycles $48 $24
Reduced Fee
September 16
to March 31
Motorcycles, Motor Driven
Cycles and Pedalcycles 30 15
SCHEDULE OF REGISTRATION FEES
REQUIRED BY LAW
Beginning with the 2001 registration year
Reduced Fee
Annual On and After
Fee June 15
Motor vehicles of the first
division other than
Motorcycles, Motor Driven
Cycles and Pedalcycles $78 $39
Reduced Fee
September 16
to March 31
Motorcycles, Motor Driven
Cycles and Pedalcycles 38 19
(Source: P.A. 91‑37, eff. 7‑1‑99.)
Plainfeild adopts ILVC:
http://www.municode.com/resources/gateway.asp?pid=10742&sid=13
Sec. 5-3. State law adopted.
(a) The provisions of The Illinois Vehicle Code are hereby adopted in full, as provided on the effective date of this Code of Ordinances, and as such vehicle code may be subsequently amended. Said provisions shall be incorporated in this section.
(b) The definitions provided in The Illinois Vehicle Code shall apply to this chapter.
State law references: Authority for above section, Ill. Rev. Stat. Ch. 95 1/2, § 20-204; The Illinois Vehicle Code, Ill. Rev. Stat. Ch. 95 1/2, § 1-100 et seq.
Plainfield addresses an issues with "motorized vehicles which cannot be licensed" and inserts a definition lacking from Illinois State Vehicle code:
Sec. 5-12. Motorized vehicles which cannot be licensed.
(a) [Regulatory authority. ] The Village of Plainfield desires to regulate certain motorized vehicles upon certain public areas and private areas open to the public within the village in the exercise of its regulatory authority; and
(1) Various motorized vehicles are being operated upon the public and private streets, sidewalks, public rights-of-way and upon public and private property in the village; and
(2) Many of these vehicles are not intended for use upon that property, and the continued operation of certain motorized vehicles upon that property is a threat to the welfare and safety of the residents of the village; and
(3) Many operators of those vehicles do not possess an Illinois driver's license or operator's permit, as they are persons under sixteen (16) years of age.
(b) Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is mandatory and not merely directory.
Motorized play vehicle. Each and every device that, together with its operator, passenger or load, is propelled in whole or in part by means other than human motive power, and that is capable of being operated upon any highway, road, street, parking lot, sidewalk or other property within the village, including but not limited to electric personal assistive mobility devices as defined in 625 ILCS 5/117.7 and any and all devices known as or referred to as motorized scooters, motorized skateboards, go-karts, mini-bikes, which are propelled by any type of motor or engine whatsoever and include a platform or other space on which an operator or passenger may ride, but excluding motorized wheelchairs as defined in 625 ILCS 5/148.3, and vehicles for which certificates of title and registration plates or stickers have been issued by the State of Illinois pursuant to the provisions of the Illinois Vehicle Code, 625 ILCS 5/1-100 et. seq.
Plainfield cites prohibition against aforesaid "motorized vehicles which cannot be licensed" :
(c) Prohibition. It shall be unlawful to operate a motor vehicle which cannot be licensed on or upon the parkway, street, highway, sidewalks, or public places of the village.
(1) It shall be unlawful for any person to operate, ride, use or otherwise control any motorized play vehicle over across or upon any public road, highway, street, sidewalk, bicycle path, parking lot or other public property within the village, except as may be directed by any sworn law enforcement officer of the village or except as may be necessary or required by any employee of the village duly engaged in the performance of official village business or duties.
(2) It shall be unlawful for any person to operate, ride, use or otherwise control any motorized play vehicle over across or upon any private road, highway, street, sidewalk, bicycle path, parking lot or other private property within the village, unless the owner of such private property shall consent thereto.
.......SO:
Plainfield Municipal codes do not prohibit "motor-driven pedalcycles", Illinois State Vehicle Code allows for registration of motor-driven pedalcycles" at the quoted rates in the statute,
...now...
(625 ILCS 5/3‑101) (from Ch. 95 1/2, par. 3‑101)
Sec. 3‑101. Certificate of title required.
(b) Every owner of a motorcycle or motor driven cycle purchased new on and after January 1, 1980 shall make application to the Secretary of State for a certificate of title. However, if such cycle is not properly manufactured or equipped for general highway use pursuant to the provisions of this Act, it shall not be eligible for license registration, but shall be issued a distinctive certificate of title except as provided in Sections 3‑102 and 3‑110 of this Act.
^This may be the culprit, and may be stopping you
(625 ILCS 5/3‑102) (from Ch. 95 1/2, par. 3‑102)
Sec. 3‑102. Exclusions.
No certificate of title need be obtained for:
1. A vehicle owned by the State of Illinois; or a vehicle owned by the United States unless it is registered in this State;
2. A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration, provided a dealer reassignment area is still available on the manufacturer's certificate of origin or the Illinois title; or a vehicle used by a manufacturer solely for testing;
3. A vehicle owned by a non‑resident of this State and not required by law to be registered in this State;
4. A motor vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another State;
5. A vehicle moved solely by animal power;
6. An implement of husbandry;
7. Special mobile equipment;
8. An apportionable trailer or an apportionable semitrailer registered in the State prior to April 1, 1998.
(Source: P.A. 91‑441, eff. 1‑1‑00.)
(625 ILCS 5/3‑103) (from Ch. 95 1/2, par. 3‑103)
Sec. 3‑103. Optional certificate of title.
The owner of an implement of husbandry or special mobile equipment may apply for and obtain a certificate of title on it. All of the provisions of this chapter, except part (e) of Section 3‑104, are applicable to a certificate of title so issued, except that a person who receives a transfer of an interest in the vehicle without knowledge of the certificate of title is not prejudiced by reason of the existence of the certificate, and the perfection of a security interest under this act is not effective until the lienholder has complied with the provisions of applicable law which otherwise relate to the perfection of security interests in personal property.
An application for an optional certificate of title must be accompanied by either an exemption determination from the Department of Revenue showing that no tax imposed under the "Use Tax Act" or the "Retailers' Occupation Tax Act" is owed by anyone with respect to that vehicle or by a receipt from the Department of Revenue showing that any tax so imposed has been paid. No optional certificate of title shall be issued in the absence of such a receipt or exemption determination.
If the proof of payment or of nonliability is, after the issuance of the optional certificate of title, found to be invalid, the Secretary of State shall revoke the optional certificate of title and require that it be returned to him.
(Source: P. A. 78‑1165.)
(625 ILCS 5/3‑402) (from Ch. 95 1/2, par. 3‑402)
Sec. 3‑402. Vehicles subject to registration; exceptions.
A. Exemptions and Policy. Every motor vehicle, trailer, semitrailer and pole trailer when driven or moved upon a highway shall be subject to the registration and certificate of title provisions of this Chapter except:
(3) Any special mobile equipment as herein defined; (I'm guessing you provide the information here... i.e. self manufactured motor-driven pedalcycle with an electric motor of XXX watts power.... Hell, get creative...)
(625 ILCS 5/3‑405) (from Ch. 95 1/2, par. 3‑405)
Sec. 3‑405. Application for registration.
(a) Every owner of a vehicle subject to registration under this Code shall make application to the Secretary of State for the registration of such vehicle upon the appropriate form or forms furnished by the Secretary. Every such application shall bear the signature of the owner written with pen and ink and contain:
1. The name, domicile address, as defined in Section
1‑115.5 of this Code, (except as otherwise provided in this paragraph 1) and mail address of the owner or business address of the owner if a firm, association or corporation. If the mailing address is a post office box number, the address listed on the driver license record may be used to verify residence. A police officer, a deputy sheriff, an elected sheriff, a law enforcement officer for the Department of State Police, or a fire investigator may elect to furnish the address of the headquarters of the governmental entity or police district where he or she works instead of his or her domicile address, in which case that address shall be deemed to be his or her domicile address for all purposes under this Chapter 3. The spouse and children of a person who may elect under this paragraph 1 to furnish the address of the headquarters of the government entity or police district where the person works instead of the person's domicile address may, if they reside with that person, also elect to furnish the address of the headquarters of the government entity or police district where the person works as their domicile address, in which case that address shall be deemed to be their domicile address for all purposes under this Chapter 3. In this paragraph 1: (A) "police officer" has the meaning ascribed to "policeman" in Section 10‑3‑1 of the Illinois Municipal Code; (B) "deputy sheriff" means a deputy sheriff appointed under Section 3‑6008 of the Counties Code; (C) "elected sheriff" means a sheriff commissioned pursuant to Section 3‑6001 of the Counties Code; and (D) "fire investigator" means a person classified as a peace officer under the Peace Officer Fire Investigation Act.
2. A description of the vehicle, including such
information as is required in an application for a certificate of title, determined under such standard rating as may be prescribed by the Secretary.
3. Information relating to the insurance policy for
the motor vehicle, including the name of the insurer which issued the policy, the policy number, and the expiration date of the policy.
4. Such further information as may reasonably be
required by the Secretary to enable him to determine whether the vehicle is lawfully entitled to registration and the owner entitled to a certificate of title.
5. An affirmation by the applicant that all
information set forth is true and correct. If the application is for the registration of a motor vehicle, the applicant also shall affirm that the motor vehicle is insured as required by this Code, that such insurance will be maintained throughout the period for which the motor vehicle shall be registered, and that neither the owner, nor any person operating the motor vehicle with the owner's permission, shall operate the motor vehicle unless the required insurance is in effect. If the person signing the affirmation is not the sole owner of the vehicle, such person shall be deemed to have affirmed on behalf of all the owners of the vehicle. If the person signing the affirmation is not an owner of the vehicle, such person shall be deemed to have affirmed on behalf of the owner or owners of the vehicle. The lack of signature on the application shall not in any manner exempt the owner or owners from any provisions, requirements or penalties of this Code.
Hope this helps....
mrlassiter
cheesepuff12
08-14-08, 01:05 PM
great find!
mrlassiter
08-14-08, 01:59 PM
A few I overlooked...
(625 ILCS 5/1‑191) (from Ch. 95 1/2, par. 1‑191)
Sec. 1‑191. Special mobile equipment. Every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: street sweepers, ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls and scrapers, power shovels and drag lines, and self‑propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
(Source: P.A. 85‑951.)
^^^May or may not leave out motorized pedalcycles
(625 ILCS 5/1‑192) (from Ch. 95 1/2, par. 1‑192)
Sec. 1‑192. Specially constructed vehicle. Every vehicle of a type required to be registered hereunder that: (a) has been materially altered from its original construction by the removal, addition or substitution of essential parts; or (b) was not originally constructed under a distinctive name by a generally recognized manufacturer of vehicles.
(Source: P.A. 85‑951.)
(625 ILCS 5/1‑117.7)
Sec. 1‑117.7. Electric personal assistive mobility device. A self‑balancing 2 non‑tandem wheeled device designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.
(Source: P.A. 92‑868, eff. 6‑1‑03.)
(625 ILCS 5/1‑204.3)
Sec. 1‑204.3. Tandem axles. Any 2 or more single axles whose centers are more than 40 inches and not more than 96 inches apart, measured to the nearest inch between extreme axles in the series, except as provided in Section 15‑111 for special hauling vehicles.
(Source: P.A. 90‑89, eff. 1‑1‑98.)
^^HaHa better measure your bike's axles....
(625 ILCS 5/1‑142) (from Ch. 95 1/2, par. 1‑142)
Sec. 1‑142. Manufacturer.
Every person engaged in the business of manufacturing and assembling vehicles or reconstructed vehicles, or engine and driveline components for vehicles.
(Source: P. A. 76‑1798.)
(625 ILCS 5/1‑182.8)
Sec. 1‑182.8. Second stage manufacturer or converter. A person who prior to the retail sale of a motor vehicle, assembles, installs or affixes a body, cab, or special equipment to a chassis, or who adds, subtracts from, or modifies a previously assembled or manufactured motor vehicle.
(Source: P.A. 90‑89, eff. 1‑1‑98.)
Might even try this...
(625 ILCS 5/3‑627)
Sec. 3‑627. Environmental License Plate.
(a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary of State, may issue special registration plates designated to be environmental license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motor vehicles of the second division weighing not more than 8,000 pounds, and, as of January 1, 1996, recreational vehicles as defined by Section 1‑169 of this Code. Plates issued under this Section shall expire according to the multi‑year procedure established by Section 3‑414.1 of this Code.
(b) The design and color of the plates shall be wholly within the discretion of the Secretary of State. Appropriate documentation, as determined by the Secretary, shall accompany the application. As of January 1, 1996, the Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3‑405.1 of this Code.
(c) An applicant shall be charged a $40 fee for original issuance in addition to the appropriate registration fee, if applicable. Of this fee, $25 shall be deposited into the State Parks Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary of State to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the State Parks Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.
(Source: P.A. 88‑333; 88‑670, eff. 12‑2‑94; 89‑282, eff. 8‑10‑95.)
cheesepuff12
08-14-08, 04:48 PM
hmm...