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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112764
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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ON A ELECTRIC BIKE I GOT 3 TICKETS NO INSURANCE DO I LOOSE

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ON A ELECTRIC BIKE I GOT 3 TICKETS NO INSURANCE DO I LOOSE MY DRIVER LICIENCE OR IS IT MANDATORY CARLESS DRIVING NO REGISTRATION I WAS ON THE WRONG SIDE OF THE STREET NEEED ASSWER ASAP JOHN
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Does your bike have an engine greater than a 1.5-horsepower or is it capable of attaining a speed in excess of 25 mph?
I am sorry you did not get an email, it appears the site may have been having technical issues.

Under NJ law, unless the bike is over 1.5HP or goes over 25 MPH it is not required to have a registration or insurance and the officers in NJ go overboard and write these tickets all of the time. You are now forced to go to court and plead not guilty and the court will have to dismiss the ticket registration and insurance ticket because the NJ law does not require what you were written a citation for.

As far as the careless driving, as it occurred on what the law considers a bicycle, no drivers license is required for using this bicycle and as such DMV should not issue points or suspend for the careless driving of a bicycle. Actually in most of these bicycle cases the court will dismiss even the careless driving tickets as they see it is officers exceeding their authority and writing the tickets contrary to the laws.

See: NJ 39:4-14.10

1. a. As used in this act, "electric personal assistive mobility device" means a self-balancing non-tandem two wheeled device designed to transport one person which uses an electric propulsion system with average power of 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while operated by a person weighing 170 pounds is less than 20 miles per hour. The device shall not be considered a motorized wheelchair, motorized bicycle, motorcycle, motorized scooter, motorized skateboard, vehicle or motor vehicle.

b. An electric personal assistive mobility device may be operated on the public highways, sidewalks and bicycle paths of the State. Every person operating such a device shall be granted all of the rights and be subject to all of the duties applicable to the driver of a bicycle by chapter four of Title 39 of the Revised Statutes except as to those provisions thereof which by their nature can have no application. An electric personal assistive mobility device shall be subject to the safety and equipment requirements applicable to the bicycle provisions of chapter 4 of Title 39 of the Revised Statutes, except as to those provisions thereof which by their nature can have no application.

c. The operator of an electric personal assistive mobility device shall not be required to obtain a driver's license therefor or to register the device. The operator shall not be required to furnish proof of having liability insurance for the device or other proof of financial responsibility.

d. The governing body of any municipality may, by ordinance, regulate the operation of electric personal assistive mobility devices upon the roadways and public properties under municipal jurisdiction. The State or the governing body of any county or municipality may prohibit or regulate their operation on any public highway under its jurisdiction.

e. Notwithstanding the other provisions of this section, an operator of an electric personal assistive mobility device shall:

(1) wear a helmet while operating that device; and

(2) be 16 years of age or older, except for an operator with a mobility-related disability.

 

 


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