12/30/2013

 

SPECIALTY TEAMS AND UNITS
 
Traffic Team
 

Moped and Scooter Laws

 
 

 

801.255 “Driving privilege.” “Driving privilege” means the grant of authority by a jurisdiction to a person that allows that person to drive a vehicle on highways within that jurisdiction. Driving privileges grant authority to a person not to a vehicle. The driving privilege includes any such grant of authority whether or not documents are issued as evidence of the authority. In this state, driving privileges may be granted under:

(1) A license as defined under ORS 801.207 and 801.245.

(2) Driver permits as described in ORS 801.250.

(3) The driving privileges established under ORS 807.020.

(4) Any endorsement of a license or driver permit or limitations on a license or driver permit that allows a person to operate a motor vehicle. [1983 c.338 §42; 1989 c.636 §8; 2003 c.14 §458]

801.360 “Motor vehicle.” “Motor vehicle” means a vehicle that is self-propelled or designed for self-propulsion. [1983 c.338 §62]

Note: If the operator’s privilege to drive is suspended or they are not otherwise eligible to obtain a drivers license, they can not legally operate ANY motor vehicle on premises open to the public. A motor assisted scooter is a motor vehicle although it is not required to be registered or insured under Oregon Law.  

A driver’s license is not required to operate a motor assisted scooter but eligibility for grant of authority is required.

801.258 “Electric assisted bicycle.” “Electric assisted bicycle” means a vehicle that:

(1) Is designed to be operated on the ground on wheels;

(2) Has a seat or saddle for use of the rider;

(3) Is designed to travel with not more than three wheels in contact with the ground;

(4) Has both fully operative pedals for human propulsion and an electric motor; and

(5) Is equipped with an electric motor that:

(a) Has a power output of not more than 1,000 watts; and

(b) Is incapable of propelling the vehicle at a speed of greater than 20 miles per hour on level ground. [1997 c.400 §2; 1999 c.59 §233]

Note: An Electric Assisted bicycle is a Motor Vehicle

 

801.259 “Electric personal assistive mobility device.” “Electric personal assistive mobility device” means a device that:

(1) Is self-balancing on two nontandem wheels;

(2) Is designed to transport one person in a standing position;

(3) Has an electric propulsion system; and

(4) Has a maximum speed of 15 miles per hour. [2003 c.341 §2]

Note: An Electric personal assistive mobility device is a motor vehicle

 

801.345 “Moped.” “Moped” means a vehicle, including any bicycle equipped with a power source, other than an electric assisted bicycle as defined in ORS 801.258 or a motor assisted scooter as defined in ORS 801.348, that complies with all of the following:

(1) It is designed to be operated on the ground upon wheels.

(2) It has a seat or saddle for use of the rider.

(3) It is designed to travel with not more than three wheels in contact with the ground.

(4) It is equipped with an independent power source that:

(a) Is capable of propelling the vehicle, unassisted, at a speed of not more than 30 miles per hour on a level road surface; and

(b) If the power source is a combustion engine, has a piston or rotor displacement of 35.01 to 50 cubic centimeters regardless of the number of chambers in the power source.

(5) It is equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the system is engaged. [1983 c.338 §59; 1985 c.16 §19; 1997 c.400 §5; 2001 c.749 §25]

Note: A Moped is a motor vehicle and requires a Drivers License, Registration and Insurance to operate on public roads.  

 

801.348 “Motor assisted scooter.” “Motor assisted scooter” means a vehicle that:

(1) Is designed to be operated on the ground with not more than three wheels;

(2) Has handlebars and a foot support or seat for the operator’s use;

(3) Can be propelled by motor or human propulsion; and

(4) Is equipped with a power source that is incapable of propelling the vehicle at a speed of greater than 24 miles per hour on level ground and:

(a) If the power source is a combustion engine, has a piston or rotor displacement of 35 cubic centimeters or less regardless of the number of chambers in the power source; or

(b) If the power source is electric, has a power output of not more than 1,000 watts. [2001 c.749 §2]

Note: A Motor Assisted Scooter is a motor vehicle.

 

Note on items not included in descriptions above:  

Most “Mini- Motorcycles” or “Pocket Bikes” do not fit into the same category as motor-assisted scooters.

If they have a combustion engine over 35 cc’s and travel faster than 24 miles per hour they should be considered a moped or a motorcycle (which must be titled, registered and insured to operate on Oregon roads). These vehicles are not manufactured to operate on the roads and are not equipped to meet US DOT safety standards. Manufacturers of the vehicles do not provide Manufacturer’s certificate of origin or standardized 17 digit vin’s.

Unless proof is provided to show these vehicles meet the US DOT equipment and safety standards, they cannot be titled and registered and should not be operated on roads or highways. These are off-road use only vehicles.  

801.365 “Motorcycle.” “Motorcycle” means any self-propelled vehicle other than a moped or farm tractor that:

(1) Has a seat or saddle for use of the rider;

(2) Is designed to be operated on the ground upon wheels; and

(3) Is designed to travel with not more than three wheels in contact with the ground. [1983 c.338 §63]

Violations of Law Related to Use of Electric Assisted Bicycles, Mopeds, Motor Assisted Scooters, Electric personal assistive mobility device:

MOPEDS AND MOTORCYCLES

814.200 Unlawful operation of motorcycle or moped; penalty

814.210 Operation of moped on sidewalk or bicycle trail; penalty

814.220 Motorcyclist clinging to another vehicle; penalty

814.230 Moped operator or rider clinging to other vehicle; penalty

814.240 Motorcycle or moped unlawful passing; penalty

814.250 Moped or motorcycle operating more than two abreast; penalty

814.260 Failure of moped operator to wear motorcycle helmet; penalty

814.269 Failure of motorcycle operator to wear motorcycle helmet; penalty

814.275 Failure of motorcycle passenger to wear motorcycle helmet; penalty

814.280 Endangering motorcycle passenger; penalty

814.290 Exemptions from motorcycle helmet requirements

814.310 Illegal alteration of moped; penalty

814.320 Failure to display lighted headlights; exceptions; penalty

814.325 Carrying passenger on motorcycle; penalty

814.330 Carrying passenger on moped; penalty

814.340 Riding as passenger on moped; penalty

BICYCLES

814.400 Application of vehicle laws to bicycles

814.405 Status of electric assisted bicycle

814.410 Unsafe operation of bicycle on sidewalk; penalty

814.420 Failure to use bicycle lane or path; exceptions; penalty

814.430 Improper use of lanes; exceptions; penalty

814.440 Failure to signal turn; exceptions; penalty

814.450 Unlawful load on bicycle; penalty

814.460 Unlawful passengers on bicycle; penalty

814.470 Failure to use bicycle seat; penalty

814.480 Nonmotorized vehicle clinging to another vehicle; penalty

814.484 Meaning of “bicycle” and “operating or riding on a highway”

814.485 Failure to wear protective headgear; penalty

814.486 Endangering bicycle operator or passenger; penalty

814.487 Exemptions from protective headgear requirements

814.488 Citations; exemption from requirement to pay fine

814.489 Use of evidence of lack of protective headgear on bicyclist

MOTORIZED WHEELCHAIRS

814.500 Rights and duties of person riding motorized wheelchair on bicycle lane or path

MOTOR ASSISTED SCOOTERS

814.510 Application of vehicle laws to motor assisted scooters

814.512 Unlawful operation of motor assisted scooter; penalty

814.514 Failure of operator of motor assisted scooter to use bicycle lane or path; exception; penalty

814.516 Prohibition on operation of motor assisted scooters in state parks

814.518 Improper operation of motor assisted scooter on highway; exceptions; penalty

814.520 Improper operation of motor assisted scooter in lane; exceptions; penalty

814.522 Failure to signal; exception; penalty

814.524 Unsafe operation of motor assisted scooter on sidewalk; penalty

814.526 Unsafe operation of motor assisted scooter on bicycle path or lane; penalty

814.528 Operation of motor assisted scooter in crosswalk; exception; penalty

814.530 Carrying passenger on motor assisted scooter; penalty

814.532 Operating motor assisted scooter with unlawful load; penalty

814.534 Failure of motor assisted scooter operator to wear protective headgear; exception; penalty

814.536 Endangering motor assisted scooter operator; penalty

ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES

814.550 Application of vehicle laws to electric personal assistive mobility device

814.552 Unsafe operation of electric personal assistive mobility device; penalty

814.554 Local government and state agency regulation of operation of electric personal assistive mobility devices

 
     
 
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