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Law question for classic mopeds!

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SpannerMonkey
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PostPosted: 21:44 - 06 Apr 2011    Post subject: Law question for classic mopeds! Reply with quote

Been meaning to ask this for ages, I get mixed responses and the police just shrug their shoulders as usual and say it's nothing to do with them

Firstly... Am I entitled to ride on bicycle paths in pedal mode?

If the first is allowed... Do I need my helmet and such seeing as the road law would no longer apply as far as I understand

Lastly, and this is a longshot, am I allowed to ride in bicycle lanes with the engine ON. I ask this as I see motorized bicycles on them and they are legally allowed there. Does this mean I am?
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tvchimp
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PostPosted: 21:50 - 06 Apr 2011    Post subject: Reply with quote

Helmet will be required at all times AFAIK, regardless if you're in pedal mode or not. I know a guy who got pulled by the police pushing his bike along a road (ran out of fuel) not wearing his helmet, they gave him a £30 fine..

No to riding in cycle paths, unless it's for motorcycles too (same goes for bus lanes I'd imagine). You're not a bicycle.

You're not riding a motorised bicycle. You're riding a moped. That's how I'd imagine the police seeing it. You pay road tax (well, you should, unless you're tax exempt?) where-as bicycles don't. Although they should. Mangey fuckers.
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garyd
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PostPosted: 21:51 - 06 Apr 2011    Post subject: Reply with quote

Nay,Nay n thrice nay Thumbs Down i remember getting pulled by old bill in 1976 and for a laugh they made me show them how it was possible to pedal my Puch Grand Prix moped !!!!!!! it wasnt and i fell off on a busy high street Embarassed
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weasley
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PostPosted: 21:52 - 06 Apr 2011    Post subject: Reply with quote

Have you tried riding it in pedal mode? I had a Honda Camino with pedals, but although it was physically possible to ride with pedals, it was not ergonomically set up for pedalling and was basically impossible to propel any more than a few yards.

https://www.users.globalnet.co.uk/~pattle/nacc/gallery/ph015002.jpg

Using nothing more than common sense and intuition, I'm going to say:

No.

N/A.

No.
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colin1
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PostPosted: 21:52 - 06 Apr 2011    Post subject: Reply with quote

tvchimp wrote:
Helmet will be required at all times AFAIK, regardless if you're in pedal mode or not. I know a guy who got pulled by the police pushing his bike along a road (ran out of fuel) not wearing his helmet, they gave him a £30 fine..


Utter bastrds, for anyone in doubt as to the true nature of some police, I'll remember that one.
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SpannerMonkey
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PostPosted: 21:53 - 06 Apr 2011    Post subject: Reply with quote

Oh, Well I've been pedalling about on cycle lanes anyway without a helmet... I need to read the highway code... >.>
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SpannerMonkey
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PostPosted: 21:55 - 06 Apr 2011    Post subject: Reply with quote

weasley wrote:
Have you tried riding it in pedal mode?

Yes, It's pretty easy on the PC50... I can even ride it up fairly steep hills. it genuinely is easy Smile
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SpannerMonkey
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PostPosted: 22:05 - 06 Apr 2011    Post subject: Reply with quote

Just been reading into the highway code a lil online, and it seems bicycle lanes are for pedal cycles Brick Wall
FUCKING SPECIFY!
I have pedals... and 2 wheels...Does that make me a pedal cycle?!

And for those that say no... What is your reference for this?
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Nixon
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PostPosted: 23:08 - 06 Apr 2011    Post subject: Reply with quote

Pedal cycles are fitted with electric motors, and fit a strict criteria set by the DoT.

Quote:
Pedal cycles covered by EAPC regulations

The EAPC regulations are in place for certain bicycles, tandem bicycles and tricycles that have pedals and an electric motor that provides assistance to the vehicle.
The following requirements must apply:

the electric motor must not be able to propel the pedal cycle when it’s travelling more than 15 miles per hour

the maximum authorised mass of the pedal cycle, including battery but without rider, isn’t heavier than 40 kilograms (kg) for bicycle and 60kg for tandem bicycles and tricycles

the maximum power output of the motor isn’t higher than 200 watts for bicycles and 250 watts for tandem bicycle and tricycles

the bicycle must have a plate showing the manufacturer, the nominal voltage of the battery, and the power output of the motor

If the pedal cycle meets these requirements it won’t need to be registered, taxed or insured and you won’t need a driving licence. You’ll need to be over 14 years old to be able to ride an EAPC.


Clicky for DVLA's definition of a pedal cycle

Anything that exceeds the DoT's definition of a "Pedal Cycle" is clasified as a Moped or Motorcycle, and needs tax, insurance, ect and follows the rules set by the Road Traffic Act.
.... sorry .... Thumbs Up
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tvchimp
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PostPosted: 23:13 - 06 Apr 2011    Post subject: Reply with quote

spannermonkey91 wrote:
Just been reading into the highway code a lil online, and it seems bicycle lanes are for pedal cycles Brick Wall
FUCKING SPECIFY!
I have pedals... and 2 wheels...Does that make me a pedal cycle?!

And for those that say no... What is your reference for this?



No.

Your MOT certificate states 'bicycle' (or at least mine does). BUT You ask Mr.Plod, he'll refuse the matter and put a fine in your hand when you're going down the cycle lane (Svengalie did this on a youtube video clicky. I asked this when I did my CBT, my instructor laughed and said it should be ok as it states bicycle on the cert....ahwell) Normally, I only use the last 15metres or so of cycle lanes when it comes to junctions/lights, and I know I'm not gonna have a wannabe Mika Hakkinen in their corsa trying to race me off the line...
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stinkwheel
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PostPosted: 23:44 - 06 Apr 2011    Post subject: Reply with quote

Long and short of it. The police don't know much about them.

A copper who is uncertain about his position doesn't like to be shown up as such. So if they stop you for soemthing like that, you say "Yes officer, this moped was manufactured before 1976 and can be moved by pedals and as such is exempt from many of the laws governing morotcycles.".

This statement is true. It's totally irrelevant to helmet laws or the use of said vehicle on cycle lanes (that's all a bit vague, but I think they'd be very hard pushed to make anything stick if you are genuinely pedalling it) but the copper will at most be aware that older mopeds with pedals have some odd regulations which apply to them and will be extremely thin on the details. As such, he will back down and send you on your way so he doesn't turn out looking like a dick.

You may however get a (fairly reasonable) tug if they suspect you've nicked it.

If you come over all appologetic, he'll write you a ticket.

One thing it does mean is you have carte-blanch to make it go as fast as you want. If it's pre '76 and can be moved by pedals, the 30mph speed restriction does not apply. No matter how fast it can go, if it's under 50cc and can be moved by pedals, it is officially a moped.

As I recall, there is a huge amount of leeway on MOT tests too but the inspectors possibly don't know. I remember mine failing an MOT for bald tyres When I challenged this and the guy looked up the book, it turned out the legal minimum for that bike (a 1968 PC50) was "visible tread".

Another tack with oddball/classic bikes is to respond to the initial police question of "What do you call that then? or "What do you think you're doing?", by launching into a monologue describing everything about the vehicle in monotonous and exacting detail. Keep at it until you see their eyes glaze over and they'll send you on your way. Mate of mine has doen that for years riding a BSA B40 trials bike with a straight through pipe, no lights and reg. number tip-exed onto the rear mudguard round town. Never had a ticket yet.
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Teflon-Mike
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PostPosted: 02:59 - 07 Apr 2011    Post subject: Reply with quote

spannermonkey91 wrote:
Just been reading into the highway code a lil online, and it seems bicycle lanes are for pedal cycles Brick Wall
FUCKING SPECIFY!
I have pedals... and 2 wheels...Does that make me a pedal cycle?!

And for those that say no... What is your reference for this?


he Highway code is nothing more than a guide of road 'etiquete' it provides some legal information, but it has no legal standing in its own right, and does NOT provide explicit interpretation or defanition of many laws.

What you need to be reading is the Road Traffic Act.

Bottom line on that one is that if you have a number plate and log book, that decalres the 'vehicle' a 'motor vehicle', demanding a log book and number plate, then the rules for 'motor-vehicles' apply regardless of whether you are pedaling or motoring.

Flipping that on its head, in 1986, I had a rather nice chat with an angry coppa, who had watched me riding about a bit of waste land on my Cota.... this was in the days before the RTA applied to all 'publically accessible areas'......

He'd waited to see what I did when I finished riding and got the bike back home, expecting to be able to 'nab me' when I ride up the pavement or onto the road.

I didn't.... I didn't stop riding until I ran out of petrol!

But 'clocking' him hiding serupticiousely up the road, I slipped teh chain and put it in my pocket before pushing the bike up the pavement.

He darted out of his driveay hiding place when he saw me start moving the bike up the pavement, then realizing teh engine wasn't running kurb crawled along side me making silly comments, like, "Now how you going to get that back across the road?" Expecting to be able to get me as soon as tyre tuched tarmac.

He tried.... but when he stopped me, I pointed out to him it wasn't a 'motor vehicle'... it had no number plate.....

He argues it had 'means of mechanical propulsion, and pointed out he'd been watching me ride it for twenty minutes.....

I told him that was then.... NOW its an 'agricultural impliment'..... with no chain to drive the back wheel, it was not capable of mechanical propulsion. Without registration number it was not 'declared' a motorvehicle..... and asked him poltely if he'd get out of teh way, so I could push my 'wheel barrow' across the road!

He got all snotty and wanted to search me for the drive chain.....

I told him to call my mum, because he couldn't search me without 'due cause' or a responsible adult present......

He bludgered off......

Spent three years trying to catch me that b'st'd!

Nearly did once.......

ANYWAY... you have a number plate, so rules as per a motorbike, as far as your concerned, and Road Traffic Act.... copy of it on HMSO web site.
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27cows
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PostPosted: 06:50 - 07 Apr 2011    Post subject: Reply with quote

As stated, it's a motorcycle and you have to ride in the same way you would anything else. Only electric assisted bicycles count as proper cycles and can be ridden in the lanes etc.

On the up side, you can have a black and silver number place (if you haven't already got one) Laughing
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pinkyfloyd
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PostPosted: 07:51 - 07 Apr 2011    Post subject: Reply with quote

tvchimp wrote:
I know a guy who got pulled by the police pushing his bike along a road (ran out of fuel) not wearing his helmet, they gave him a £30 fine..


Thats disgusting. According to the law you have to wear a helmet whilst riding a motorcycle. Fair enough the law is the law. Now according to the police their definition of riding a motorcycle is sitting on the bike with the engine running. Thus told to me by a police cuntstubble.

With the engine not running it cannot be classed as riding it appears so your friend was shafted and I would have contested it.
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Rogerborg
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PostPosted: 09:43 - 07 Apr 2011    Post subject: Reply with quote

tvchimp wrote:
I know a guy who got pulled by the police pushing his bike along a road (ran out of fuel) not wearing his helmet, they took a £30 bribe in return for not prosecuting him


Edited For Accuracy. The police can't (yet) issue "fines".

If you ever get a Penalty Charge Notice for anything so utterly ridiculous, tell them that you'll be delighted to see them in court, and watch the CPS quietly forget about it.

Oh, by the way:

The Department for Transport wrote:


If a copper told me my bike has 2 wheels, I'd count them to be sure he'd got it right.
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stinkwheel
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PostPosted: 10:51 - 07 Apr 2011    Post subject: Reply with quote

Indeed. Chapter and verse:

Motor Cycles (Protective helmets) Regulations 1998. SI: 1998, #1807 wrote:

4.—(1) Save as provided in paragraph (2), every person driving or riding (otherwise than in a side-car) on a motor bicycle when on a road shall wear protective headgear.

(2) Nothing in paragraph (1) shall apply to any person driving or riding on a motor bicycle if—

(a)it is a mowing machine; or

(b)it is for the time being propelled by a person on foot.

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