Pocket Bikes – Not Even Close To Legal

Q: My son just told me he got a ride from a friend on a mini-motorcycle. It’s got a 49cc motor and looks like a regular motorcycle but much smaller. Are those legal? And if so, is there an age requirement for them? My son and his friend are 14. (And they weren’t wearing helmets.) If they’re not legal, how upset should I be about it zipping around the neighborhood?

A: Those are commonly called pocket bikes, and the answer to your first question is a big nope. They’re not even close to legal. But the people who sell them will answer in their marketing material that they are, and we’re both right. It’s just that we’re not answering the same question. I’ve assumed you want to know if it’s legal to ride on the street. The companies that sell them are just letting you know it’s legal to own one (and you’re welcome to ride it in your yard). Dig into the fine print, and they’ll recommend you check your local laws before riding them on the road. However, that’s just a way to avoid the real answer. In every state that requires motor-driven cycles to meet Federal Motor Vehicle Safety Standards (FMVSS), and I think it’s all of them, pocket bikes are not street legal.

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Your Moped Is Probably Illegal (But That Might Be Okay)

Q: My wife and I just purchased two 49 cc scooters. I looked at the DOL website to find out the requirements. The one thing I’m concerned about is that it says they cannot travel faster than 30 mph. These scooters are capable of about 40 mph. So what do I do on roads that have 35 or 45 mph speed limits? Do I move over to pass? Will I get a ticket if I go 35 mph? It really seems to limit where I thought we could go.

A: What do we do when the law and reality don’t match up? Based on my observations, we stick with reality. Allow me to explain. Actually, before I explain, please indulge this gentle tirade: If we were to look up the legal definition of a moped (and we will) we would find nothing in the legal code requiring pedals. Given that moped is a portmanteau of the words “motor” and “pedal,” why are we still using that word to describe a vehicle that has no legal obligation to have pedals? In an effort to be as true to the law as I can, I’m compelled to use moped, even though your use of scooter is a better description of what we’re talking about. And that’s not even the mismatch between the law and reality I opened with.

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DIY Moped – Is It Worth It?

Q: I am considering putting a small gas motor kit on a mountain bicycle. Does it then become a moped? Does it require a license? Can It be driven on sidewalks? Or bike paths? Or freeways? Any other information on this? I have been looking online and I get conflicting information.

A: That sounds like a fun summer time project, but if you’re planning to ride it on public roads, I hope you haven’t started yet. I don’t think you’re going to like the answer, or answers really, given the number of questions you were able to cram into fifty words. I’ll tackle each question separately, and by the end you should have a good idea of what it’ll take to make your project legal.

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