Oregon man cited for driving electric...

Oregon man cited for driving electric bike without license

There are 96 comments on the WHDH story from Jun 9, 2011, titled Oregon man cited for driving electric bike without license. In it, WHDH reports that:

When Paul McClain had his driver's license suspended for driving a car without insurance, the 41-year-old Oregon man started riding an electric bicycle instead.

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“Feel The Rainbow!!!”

Since: Mar 09

Looneyville, TX

#95 Jun 10, 2011
He's only being singled out because he's black. The Oregon police already violated his rights before, which is why they offered him over $7,000 to settle out of court because the police was trying to charge him with some trumped up charges over some medical marijuana. If I was him, I wouldn't settle for another $7,000.$70,000 maybe!!

“....VETS”

Since: Jan 08

WELCOME HOME

#96 Jun 11, 2011
well have you all got the state of Oregon correct and running the way YOU want it to.

“Feel The Rainbow!!!”

Since: Mar 09

Looneyville, TX

#97 Jun 11, 2011
Yeah right! Run Oregon, run!
bailout my duck

Schaumburg, IL

#98 Jun 11, 2011
gestapo goes after lil fish takes bribes from big fish
Oregon Is Despicable

Beaverton, OR

#99 Jun 12, 2011
Here in Vegas wrote:
Pretty soon we will need a license to breath. After all breathing produces a greenhouse gas.
Frickin worthless POS human debris liberals.
Here you go again ranting and raving at the wind.
Oregon Is Despicable

Beaverton, OR

#100 Jun 12, 2011
Vance1 wrote:
You couldnt pay me enough to live in a liberal state
Where is that fire anyway?
Oregon Is Despicable

Beaverton, OR

#101 Jun 12, 2011
Oh yeah, Oregon is not a LIBERAL state. It is as thuggish and backward (think deliverance) as they come considering it is on the West Coast.
The Monkey

Hampton, VA

#102 Jun 12, 2011
Here in Vegas wrote:
Pretty soon we will need a license to breath. After all breathing produces a greenhouse gas.
Frickin worthless POS human debris liberals.
You sound like a victim.
Anyone who gets fkd over by 'the liberals'(pookie pookie) is an easy mark.
Felipe Sarmiento

Helsinki, Finland

#103 Jun 15, 2011
This does not make sense e-bikes are bicycles I think they have made a big mistake.
http://www.mozelin.com

“Purple girl in a purple world”

Since: Apr 08

Plum, Purplonia

#104 Jun 15, 2011
Felipe Sarmiento wrote:
This does not make sense e-bikes are bicycles I think they have made a big mistake.
http://www.mozelin.com
In most US states, motorized bikes with small motors/engines are still considered bicycles. Smaller scooters also need to license in many states. In my state, some refer to them as "liquor stickers" or "liquor cycles" because so many people who lost their drivers' license to drunk driving use them.

“I been hangin' on every word.”

Since: Sep 10

Location hidden

#105 Jun 15, 2011
Purple Gurl wrote:
<quoted text>
In most US states, motorized bikes with small motors/engines are still considered bicycles. Smaller scooters also need to license in many states. In my state, some refer to them as "liquor stickers" or "liquor cycles" because so many people who lost their drivers' license to drunk driving use them.
If we outlaw those then we need to go pull those darned kids off the street and arrest them for riding their Power Wheels. I'm not kidding either; I see no difference between a motorized electric small car and a motorized bicycle. The function is the same.

“Purple girl in a purple world”

Since: Apr 08

Plum, Purplonia

#106 Jun 15, 2011
Purple Gurl wrote:
<quoted text>
In most US states, motorized bikes with small motors/engines are still considered bicycles. Smaller scooters also need to license in many states. In my state, some refer to them as "liquor stickers" or "liquor cycles" because so many people who lost their drivers' license to drunk driving use them.
"to license" should read "no license."

“Purple girl in a purple world”

Since: Apr 08

Plum, Purplonia

#107 Jun 15, 2011
Kick Brass wrote:
<quoted text>
If we outlaw those then we need to go pull those darned kids off the street and arrest them for riding their Power Wheels. I'm not kidding either; I see no difference between a motorized electric small car and a motorized bicycle. The function is the same.
Well, I have no problems with the Power Wheels and similar as long as they are supervised when using them and stay off of actual highways. Driveways, indoors, and residential dirt roads are usually fine. The function is not exactly the same. Mopeds, scooters, and electric cycles are mostly for transportation, not recreation/leisure. Kids play when they ride theirs, while powered cycles are usually used for going to work, to the store, to AA meetings, etc. Another difference is the amount of power involved. A moped can carry someone of about 185 pounds and some cargo. A Power Wheels toy can barely carry a 50 pound child the length of a ball field on a hard, level surface.

“I been hangin' on every word.”

Since: Sep 10

Location hidden

#108 Jun 15, 2011
The problem is that Oregon has no official laws mandating the use of LEV (light-electric vehicles) which is what an electric bicycle is classified as. When a state mandate is not in existence a federal one should take precedence. Federal law has the following to say on electric bicycles:

"The U.S. National Highway Traffic Safety Administration (NHTSA) Code of Motor Vehicle Safety simply defines low-speed electric bicycles as consumer products and not Motor Vehicles for safety standards."

Seems to me that this classification alone should be more than enough to have the case thrown out. It's a freakin' bicycle, guys...meaning that chances are he could be going just as fast by pedaling quickly--and I have NEVER seen a bicyclist arrested for "pedaling quickly while under the influence." Yet if you were to put a car with no engine at the top of a steep hill while drunk, and coast down then I think you could be considered operating a motor vehicle under the influence. The method of powering it is not the spirit of the law--it is the device itself. And substituting human power for electronic power for the exact same device (as there are many normal-to-electric conversion kits out there) seems to discriminate in a way that does not uphold the actual reason for the law.

I know this isn't a matter of intoxication (since he wasn't at the time), but the case is more in relation to the concept of how the device is powered.

Whether the device is currently being given energy through nonhuman means is a nonissue--the issue is instead what the device was originally designed for. And since it would be quite discriminatory to say "manpowered bikes retrofitted with an engine" are okay but "bicycles with a stock engine" aren't (since the design and appearance are virtually identical, especially with vendors who sell both) the only sensical idea is to drop the case altogether.

“I been hangin' on every word.”

Since: Sep 10

Location hidden

#109 Jun 15, 2011
Purple Gurl wrote:
<quoted text>
In most US states, motorized bikes with small motors/engines are still considered bicycles. Smaller scooters also need to license in many states. In my state, some refer to them as "liquor stickers" or "liquor cycles" because so many people who lost their drivers' license to drunk driving use them.
Electric scooters often are regulated differently as well. Note that many online websites gravitate toward the "49cc engine"--because many states require licensing of 50cc or higher engine sizes.

Note that states will often have a "scooter permit" or "scooter license" that will allow for the operation of a 50cc or higher license to those who are unable to obtain (or have not yet obtained) their general operator license. These tests tend to be easier to pass and some users simply get their permit and renew annually as many motorcyclists do.

“Feel The Rainbow!!!”

Since: Mar 09

Looneyville, TX

#110 Jun 17, 2011
You would think that the Oregon Police Department would have something better to do with their time than profiling and harassing people.

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