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  1. #26
    Senior Member chas58's Avatar
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    I doubt that a claim that federal law trumps state law is going to hold any water. Federal law works fine if the feds are after you (think marijuana laws), but the state and local laws are going to be what local police are going to enforce. Just look at what is happening with ebikes in NYC.

    To the original question, no one is going to hassle you if you are not riding above 20mph, and are not pissing people off. A small 250-500watt hub motor below 20mph is fairly inconspicouls and isn't going to bother anyone under normal circumstances (assuming you are not intoxicated - then all bets are off).


    Technically for federal law, the bike should not go more than 20mph on its own, but can go faster with pedal assist. That way the "specialized turbo" (or my bike which has similar specs) can be legal even though a good rider can do mid to upper 20's on it.

  2. #27
    Senior Member Northwestrider's Avatar
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    Im just curious, how far is your commute ?

  3. #28
    coprolite fietsbob's Avatar
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    Generically,

    Electric assist, it stops adding power right after you stop turning the pedals , is more likely still a 'bicycle'.

    than if the motor runs whether you are pedaling or not, that can make it a Motor Vehicle.

  4. #29
    Senior Member
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    Keep in mind that whether an electric-assist bicycle must have a license and whether the operator of an electric-assist bicycle must have a license are separate issues. My understanding is that the State of Oklahoma currently requires a driver license to operate an electric-assist bicycle on a public street/highway/etc.

    -HANK RYAN-
    Norman, Oklahoma USA
    DISCLOSURE: I have an ownership interest in an independent bike shop that is an authorized dealer for Raleigh, Dahon, Tern & Brompton.

  5. #30
    Junior Member jasonplett's Avatar
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    We are going to see more and more municipalities forced to make determinations on what, who, and how ebikes a are to be operated. In y location try ebike falls in the moped category. Most of us, excepting the high power hobbyists are just rolling to work at low speed and don't pose much of a nuisance unfortunately laws are written for those on the edge of common sense. I empathize with your plight, but like an earlier poster mentioned I wouldn't risk it, get a regular bike, or find a more stealthy rig.

  6. #31
    Daily Rider Robert C's Avatar
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    Quote Originally Posted by HGR3inOK View Post
    Keep in mind that whether an electric-assist bicycle must have a license and whether the operator of an electric-assist bicycle must have a license are separate issues. My understanding is that the State of Oklahoma currently requires a driver license to operate an electric-assist bicycle on a public street/highway/etc.

    -HANK RYAN-
    Norman, Oklahoma USA
    Same in Utah:
    A driver’s license is required to ride motorized
    bicycle; however a motorcycle endorsement is not.

    There are two types of motorized bicycles, defined
    in Utah’s Traffic Code section 41-6a.
    1.
    Moped
    – A motor-driven cycle having pedals to
    permit propulsion by human power and a motor
    which produces not more than two brake
    horsepower. The motor is not capable of
    propelling the cycle at a speed in excess of 30 MPH
    on level ground. If an internal combustion engine
    is used, the displacement may not exceed 50 cubic
    centimeters and the moped must have a power
    drive system that functions directly or
    automatically without clutching or shifting by the
    rider after the drive system is engaged.
    2.
    Electric assisted bicycle
    – A moped with an
    electric motor with a power output of not more than
    1,000 watts and is not capable of propelling the
    device at a speed of more than 20 MPH on level
    ground, or increasing the speed of the device when
    human power is used.

    from here

    What it comes down to is that you need to check your local laws. You have a DUI so I am going to treat as a given that you already have an attorney. Find as much information as you can, including code numbers, then take that information to your attorney and ask.
    Last edited by Robert C; 07-09-14 at 08:07 AM.
    As a nation we still continue to enjoy a literally unprecedented prosperity; and it is probable that only reckless speculation and disregard of legitimate business methods on the part of the business world can materially mar this prosperity. Theodore Roosevelt, Sixth Annual Message, December 3, 1906

  7. #32
    Senior Member
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    The sellers in Florida claim they are legal for those with DUI license suspensions. It's a big sales point. Whether or not it's actually true, I don't know.

    If you think you might get stopped, I wouldn't risk it. But if you're in a place where the cops aren't likely to look twice at you, I'd ride it during the day obeying all the laws and not worry too much about it.

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