How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask D. WINOGO ESQ. Your Own Question

D. WINOGO ESQ.
D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4714
Experience:  10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
18858452
Type Your Legal Question Here...
D. WINOGO ESQ. is online now
A new question is answered every 9 seconds

Do you need a drivers license to ride an electric bicycle

Customer Question

Do you need a driver's license to ride an electric bicycle in MA?
Submitted: 5 years ago.
Category: Legal
Expert:  D. WINOGO ESQ. replied 5 years ago.
Customer

 

Depends what type of electric bicycle you are dealing with.

 

Public Law 107-319

107th Congress

An Act

To amend the Consumer Product Safety Act to provide that low-speed electric

bicycles are consumer products subject to such Act.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. CONSUMER PRODUCT SAFETY ACT.

The Consumer Product Safety Act (15 U.S.C. 2051 et seq.)

is amended by adding at the end the following:

‘‘LOW-SPEED ELECTRIC BICYCLES

‘‘SEC. 38. (a) Notwithstanding any other provision of law, lowspeed

electric bicycles are consumer products within the meaning

of section 3(a)(1) and shall be subject to the Commission regulations

published at section 1500.18(a)(12) and part 1512 of title 16, Code

of Federal Regulations.

‘‘(b) For the purpose of this section, the term ‘low-speed electric

bicycle' means a two- or three-wheeled vehicle with fully operable

pedals and an electric motor of less than 750 watts (1 h.p.), whose

maximum speed on a paved level surface, when powered solely

by such a motor while ridden by an operator who weighs 170

pounds, is less than 20 mph.

‘‘(c) To further protect the safety of consumers who ride lowspeed

electric bicycles, the Commission may promulgate new or

amended requirements applicable to such vehicles as necessary

and appropriate.

‘‘(d) This section shall supersede any State law or requirement

with respect to low-speed electric bicycles to the extent that such

State law or requirement is more stringent than the Federal law

or requirements referred to in subsection (a).''.

SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.

For purposes of motor vehicle safety standards issued and

enforced pursuant to chapter 301 of title 49, United States Code,

49 USC 30102

note.

15 USC 2085.

Dec. 4, 2002

[H.R. 727]

VerDate 11-MAY-2000 23:31 Dec 10, 2002 Jkt 019139 PO 00319 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL319.107 apps27 PsN: PUBL319

PUBLIC LAW 107-319-DEC. 4, 2002 116 STAT. 2777

LEGISLATIVE HISTORY-H.R. 727:

HOUSE REPORTS: No. 107-5 (Comm. on Energy and Commerce).

CONGRESSIONAL RECORD:

Vol. 147 (2001): Mar. 6, considered and passed House.

Vol. 148 (2002): Nov. 18, considered and passed Senate.

a low-speed electric bicycle (as defined in section 38(b) of the Consumer

Product Safety Act) shall not be considered a motor vehicle

as defined by section 30102(6) of title 49, United States Code.

Approved December 4, 2002.

 

As long as the electric bicycles conform with the specifications for electric bicycles in U.S. Public Law 107-319 (which is the above stated law) they may be operated in Massachusetts anywhere a bicycle may be operated. The rider does not need a license or learner's permit to operate one.

 

Hope this helps.

Customer: replied 5 years ago.
Is it possible to view the Orleans MA court decision?
Expert:  D. WINOGO ESQ. replied 5 years ago.

HelloCustomer

 

I need to apologize as I misinterpreted the federal statute governing the design and usage of eletric or motorized bicycles. According to federal statute 15 U.S.C. 2051 et. seq. According to the language of that statute, the federal law is to supercede any more stringent state law. In Massachusetts, the law provides that the operation of a motorized bicycle requires a driver's license of learner's permit. Thus, I thought incorrectly that the Massachusetts law would be superceded. However, I did not take into account the fact that the applicable federal statute really does not deal with the operation of a motorized bicycle on public thoroughfares, and this is only dealt with by the relevant state laws governing vehicular operation upon public roadways.

 

Accordingly, in Massachusetts, a motorized bicycle is considered a pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, with a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission, and which is capable of a maximum speed of no more than thirty miles per hour. Mopeds fall into the category of "motorized bicycles" (with or without pedals) and are therefore regulated by the Registrar of Motor Vehicles.

 

Thus, you would need a license for your electric bicycle.

 

Sorry for any misdirection and inconvenienc. Hope this clarifies the issues.

Customer: replied 5 years ago.
Are you positive as I heard there was a decision in Orleans District Court negating the need for a license?
Expert:  D. WINOGO ESQ. replied 5 years ago.
If it is something that literally came down the pike within the last couple of months, I am not familiar with it. Would you happen to know the name of any of the named parties?
Customer: replied 5 years ago.
I think it was fairly recent but don't know the names
Expert:  D. WINOGO ESQ. replied 5 years ago.
Customer

 

If the source from whom you heard about this case was correct, then it must be very recent. Otherwise, the RMV would or should be aware of it so I suggest you contact them.

 

That being stated, since I have been unable to specifically clarify/answer your question, I am opting out, so that hopefully, another expert with knowledge about that case comes aboard to assist you.

 

Good luck and happy biking!

Customer: replied 5 years ago.
Thank you for your efforts.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
D. WINOGO ESQ.
D. WINOGO ESQ.
4492 Satisfied Customers
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator