Saturday, December 14, 2013

How do i prevent officers from unlawfully stopping me on a scooter?

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dan


I was riding an electric scooter on the side of the road like a bicycle(not in traffic). An officer gave me a ticket for operating an unregistered motor vehicle. Although New Jersey law dictates that it is classified as a moped, which must be registered and insured, under federal law any two or 3 wheeled vehicle under 1hp and has a top speed of less than 20mph and functioning pedals, it's actually considered an "electronically assisted bicycle" and is regulated with the same laws as regular bicycles, not as a motor vehicle. This federal law also specifically states that this law supersedes any state law which regulates such vehicles more stringently. (see link below) I plead not guilty and when I brought this to the judges attention he dropped the ticked. The problem is, since getting the ticket thrown out, I was stopped again and given the same ticket. I tried to explain the situation to the officer, but he wasn't having it. How do I go about insuring that I can ride my legal scooter without being harassed by misinformed police officers?


http://www.gpo.gov/fdsys/pkg/PLAW-107publ319/pdf/PLAW-107publ319.pdf

PS if you choose to answer please answer the question asked. Do not respond and say "scooters are illegal to ride on the road" or something like that. It has already been confirmed that the scooter is legal to ride on the road by a judge, the question is how to display this fact to officers who may think it is justified to stop and ticket someone riding one
@igotaprank thank you for your input. A copy of the file i attached actually came with the scooter in a nice laminated page. The officer the first time refused to even read it, and became extremely angry when i began to read it aloud and told me to shut up and cooperate or hed impound the scooter. The second time i actually didnt have it with me (because i had taken it out of the scooters compartment to bring to court), but if the first cop wrote the ticket even with the info present i dont see why another wouldnt. Or even the same cop again, as i live in a very small town (the station is only 2 blocks from my house)

@Joey please leave me alone you are extremely rude and unhelpful you are actually almost the entire reason i included the Post Script. You are not even intelligent enough to comprehend that a judge has already confirmed it is legal and the question is not whether or not it is legal but how to prove to an officer it is legal. In addition you are the type of person who reso
@Prussia if you dont have anything constructive or helpful theres no need to answer
@Steven I dont see how a perfectly legal activity is looking for trouble, nor do i see how citing a section from an act of congress that pertains to the situation at hand to a police officer could be considered "mouthing off"

When i joined this site i thought it was here so people could help each other out by answering each others questions, not to make useless nonsense comments.
^^Richard, sorry



Answer
carry around a printed copy of the law thats the only thing i can think of

What are the electric scooter laws in California?




Al Francis


I'm unable to get a licence so the best I can really do is get a scooter. I'd like to at least get around town easier without relying on public transportation. I've done a little bit of research in which people say its possible to ride a scooter that clocks out at a speed of 20 mph and no more without a licence. The kind of scooter i'm talking about looks like a gas powered scooter but is actually just an electric assisted bike. there's so many places on the internet to look but I just want to hear someone from California to confirm what I can ride. I'd greatly appreciate your help`
the type of scooter i'm looking at is electric and does not require gas. it has slip on pedals and has no exhaust.



Answer
http://www.chp.ca.gov/html/motors.html is useless -- does not cover the new electrical scooters. Not to mention that the CHP sometimes ignores the law. It you want to be legal, read the law from the Legislature: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=veh

A CVC 407.5 "motorized scooter" is a stand-on vehicle, such as a Razor or Go-Ped. Such is legal on the streets, requires a driver's license of some sort. See CVC 21220-21235.

You want something that looks like a motor-scooter, that looks like a Vespa. That will be a CVC 406 "motorized bicycle" or "moped." If electric powered it can do 20 mph if it can also be pedaled, or if no pedals it can do 30 mph. To be legal on the streets you need to have a Class M2 motorcycle driver's license.

You say you cannot get a license? You are up sh*t creek -- there is *NO* motorized vehicle you can legally ride without a driver's license. Why not? Under age or what? If 18-20 years of age you can take the CMSP class, go to the DMV and pass the written and eye tests and walk out with a motorcycle permit. If 21, don't even need the CMSP class.

Otherwise, about all you can do is get a pedal bicycle. Legally. You can buy a bicycle wheel with a motor in the hub and a battery in your panniers and ride in stealth mode, illegally.




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Title Post: How do i prevent officers from unlawfully stopping me on a scooter?
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