"Motor assisted scooter" Texas Legal Info

AssistedBikes Wed Dec 17, 2008 10:07 am

Legal information

Texas Transportation Code Subchapter D

551.301. Definitions.

In this subchapter:

1. "Neighborhood electric vehicle" means a vehicle subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
2. "Motor assisted scooter" means a self-propelled device with:
1. at least two wheels in contact with the ground during operation;
2. a braking system capable of stopping the device under typical operating conditions;
3. a gas or electric motor not exceeding 40 cubic centimeters;*see below
4. a deck designed to allow a person to stand or sit while operating the device; and
5. the ability to be propelled by human power alone.

551.302. Operation on Roadway.

1. A neighborhood electric vehicle or motor assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.
2. A person may operate a motor assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk. Except as otherwise provided by this section, a provision of this title applicable to the operation of a bicycle applies to the operation of a motor assisted scooter.
3. A county or municipality may prohibit the operation of a neighborhood electric vehicle or motor assisted scooter on any street or highway if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
4. The department may prohibit the operation of a neighborhood electric vehicle or motor assisted scooter on a highway if it determines that the prohibition is necessary in the interest of safety.
5. A provision of this title applicable to a motor vehicle does not apply to a motor assisted scooter.

*Not all of the bikes / bike kits we sell are under 40cc
Please see the bicycle saftey page

AssistedBikes Wed Dec 17, 2008 10:08 am

AssistedBikes wrote:Legal information

Texas Transportation Code Subchapter D

551.301. Definitions.

In this subchapter:

1. "Neighborhood electric vehicle" means a vehicle subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
2. "Motor assisted scooter" means a self-propelled device with:
1. at least two wheels in contact with the ground during operation;
2. a braking system capable of stopping the device under typical operating conditions;
3. a gas or electric motor not exceeding 40 cubic centimeters;*see below
4. a deck designed to allow a person to stand or sit while operating the device; and
5. the ability to be propelled by human power alone.

551.302. Operation on Roadway.

1. A neighborhood electric vehicle or motor assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.
2. A person may operate a motor assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk. Except as otherwise provided by this section, a provision of this title applicable to the operation of a bicycle applies to the operation of a motor assisted scooter.
3. A county or municipality may prohibit the operation of a neighborhood electric vehicle or motor assisted scooter on any street or highway if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
4. The department may prohibit the operation of a neighborhood electric vehicle or motor assisted scooter on a highway if it determines that the prohibition is necessary in the interest of safety.
5. A provision of this title applicable to a motor vehicle does not apply to a motor assisted scooter.

*Not all of the bikes / bike kits we sell are under 40cc
Please see the bicycle saftey page

carpware Mon May 18, 2009 10:33 am

A question.

For and Electric assisted bike, what size motor counts as <40CCs?

Thanks.....

djdiggla Mon Mar 21, 2011 2:58 pm

You know I've read everything I can on this. Thought about it. Convinced myself of one thing then another. I've come to the final conclusion that there is no state law that defines MBs... which IMO fall somewhere between eBikes and pedal-assisted scooters. Not being defined does not make it illegal and in fact it would be up to the DA to convince a jury that what you have isn't a bike. Moreover, since it is not defined by state law it falls to Federal law which states it's a bike if it's under 50cc.

That said, mine looks pretty stealth and I am almost always pedaling to both go faster, limit wear and make it look like a normal bike. Better to stay below the radar. I kill it when I see the 5-O. Cops job isn't to interpret the law but to hand out tickets and let a court interpret it.

(This is obviously my educated opinion and pertains to my specific bike which is 49cc and not self powered -- meaning pedaled then pop the clutch to start and doesn't idle but kills when throttle is released).

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Re: "Motor assisted scooter" Texas Legal Info