Do You Need a License to Operate a Low Speed Gas Assisted Bicycle
My question involves vehicle registration or title in the state of: illinois
Sir,
I have a bicycle that i built out of a couple of parts from different 10 speed bikes, so as to make it look like a chopper bike. I then purchased a 49cc 2 cycle engine (less than 1 hp)bike kit off the Internet.My entire intent was to build a bike that i could ride without a license.Mine has been revoked.
which is why i bought less than 50 cc to keep it from being a moped.
On 7/17/10 i was ridding my bike south bound on Vandyke between grand and Eldorado. my bike was under full power by the time i was half way to Eldorado when i noticed a police officer sitting on the east side of van dyke with the front of his car pointing north. He was parked in the storage parking lot.
Of course i was nervous having dealt with police before over issues in my past.
Before reaching Eldorado i slowed and used my left hand to signal that i was going to turn left .Then i stopped at the red light. I was still unaware that there was a cop right behind me. I latter found out that he pulled out behind me and was tailing me to get my speed. He said that he saw and heard that the motor was running and that i was not peddling, He also said that his speedometer reading was 30-35 mph.
I turned left onto Eldorado as i took off i was peddling the bike and slowly releasing the clutch wile giving the engine gas by twisting the throttle on the right handle bar.If i do not peddle this bike on take off it while die. The engine does not have enough power to move this bike without assistance.The clutch also has to be released slowly, even wile peddling to keep the engine from dieing.This makes it impossible for this bike to start moving by engine power alone without dieing.
I continued east on Eldorado and prepared to turn right on Monroe . I am still unaware that there is a police officer tailing me. the light was green so as i approached Monroe I signaled that i would be turning right.
I stuck my left arm out at a 90 degree angle to the left with my elbow bent up ward and my hand open to signal my right turn. I turned south on Monroe and immediately signaled to turn right in the alley at my home.
I turned the bike into the alley and stopped it at the steps leading to the front door.
As i got off the bike and turned around i say a cop car in front of the alley stopped.
He proceeded to right the tickets of which i will send to you with this letter. When i tried to explain that i built the bike with the new law in mind and to my understanding, but he didn't listen.
my bike was towed to prairie land towing.
the cop told me that if i didn't believe that it should have been towed i would have to file for a hearing with his shift commander which i did.
When i got to the police station to file the paper i spoke with a Sgt. there and with the new law in hand tried to explain my point to no avail. He like the other officer didn't want to here me.
i was sent a hearing date to appear at the civic center for unauthorized motor vehicle city laws.
There was a hearing and they continued it so the officer could show up and testify.
i they went to the states attorney traffic on 8-11-10 at 3:00pm and spoke to mike baggett. I explained what happened and showed him the laws that were passed on 1-1-10.I also had a copy of the police report from my hearing with the city. He read everything brought his law books out and finally concurred with me and dismissed all of the tickets he also noted on the dismissal; paper that the tickets did not apply and that his dismissing was based on what he read from the police report " see police report".
I went home with a feeling of vindication. I called prairie land towing to arrange for pick up of my bike and was told by them that there was a police hold on it and that i would have to speak to the police.
Friday morning a went to the police station with the dismissal paper and spoke to an officer after waiting 3 hours.
He said that he had to speak with his boss and left. Upon his arrival he said that they had to talk to the states attorney and would call me Monday.
No call.
On 8-20-10 I went to my city hearing and the state attorney was there and testified that he changed his mind and was now under the understanding that this was a motor vehicle and not a low speed gas bicycle. He testified that after he spoke to a police officer who contacted him about this matter and read a new follow up report by the police that he changed his mind.
After his testimony and guilty verdict he the states attorney handed me a paper folded up. As i walked down the hall i opened it and read it. It has a motion to reinstate the charges.
I went back and motioned to him for 1 minute with my pointing finger up to the sky. (not the finger i should have used). And he shook his head no so i turned and left.
I then proceeded to have a bench trial in front of Judge diamond on 4-8-11.
They day before i went in to talk to Assistant Public Defender, Dennis Barnard, who had been assigned to my case.
He pulled out a law book and said "OK, we are dealing with a moped". At which time i said "wait that is a old law book, the new law which i sent to you classifies this bike as a low speed gas assisted bicycle.
He left to get a new law book, and came back empty handed. he also said that he couldn't find my emails. OK Ill bring in a copy early before court.
I gave him his copy before court. In court the prosecutor didn't have the new law or have head about it they also got a copy from me.
Likewise the judge use a copy of mine.
When questions were arisen about this law i tried to speak to clarify but the judge instructed me to "shut up I only want to hear from lawyers".
When the direction of there discussion began to lead to the speed at which the bike was seen to be traveling at. i told my attorney that the other requirements of this statue have to be met before the speed of the bike can have pertinence, as the ,law reads.
2009/2010 Law Update for Law Enforcement
Illinois Secretary of State Police
Training Section
17
625 ILCS 5/1-140.10 new, 625 ILCS 5/1-140.15 new, 625 ILCS 5/1-146, 625 ILCS 5/11-1516 new
"Low Speed Electric Bike"
Effective Date: 01/01/10
Public Act: 96-0125 Senate Bill: 0236
Synopsis:
Amends the Illinois Vehicle Code. Defines a low-speed electric bicycle as a 2 or 3-wheeled device with fully operable pedals and an electric motor of less than 750 watts (one horsepower), 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 miles per hour. Excludes low-speed electric bicycles from the definition of "motor vehicle". Prohibits operation of a low-speed electric bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway. Prohibits operation of a low-speed electric bicycle on a sidewalk. Provides that, except as otherwise provided, the provisions of the Article of the Code dealing with bicycles also apply to low-speed electric bicycles. Adds a definition for a "low-speed gas bicycle" and treats a low-speed gas bicycle the same as a low-speed electric bicycle in a provision regulating the use of low-speed bicycles and a provision excluding low-speed bicycles from the definition of a motor vehicle. Removes the requirement that a person have a valid current Illinois driver's license to operate an electric bicycle.
Excerpt from the Public Act
(625 ILCS 5/1-140.10 new)
Sec. 1-140.10. Low-speed electric bicycle. The term
"low-speed electric bicycle" has the same meaning ascribed to
it by Section 38 of the Consumer Product Safety Act (15 U.S.C.
Sec. 2085).
(625 ILCS 5/1-140.15 new)
Sec. 1-140.15. Low-speed gas bicycle. A 2 or 3-wheeled
device with fully operable pedals and a gasoline motor of less
than one horsepower, 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 miles per hour.
(625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146)
Sec. 1-146. Motor vehicle. Every vehicle which is
self-propelled and every vehicle which is propelled by electric
power obtained from overhead trolley wires, but not operated
upon rails, except for vehicles moved solely by human power,
and motorized wheelchairs, low-speed electric bicycles, and
low-speed gas bicycles. For this Act, motor vehicles are
divided into two divisions:
2009/2010 Law Update for Law Enforcement
Illinois Secretary of State Police
Training Section
18
First Division: Those motor vehicles which are designed for
the carrying of not more than 10 persons.
Second Division: Those motor vehicles which are designed
for carrying more than 10 persons, those motor vehicles
designed or used for living quarters, those motor vehicles
which are designed for pulling or carrying freight, cargo or
implements of husbandry, and those motor vehicles of the First
Division remodeled for use and used as motor vehicles of the
Second Division.
(Source: P.A. 85-1010.)
(625 ILCS 5/11-1516 new)
Sec. 11-1516. Low-speed bicycles.
(a) A person may operate a low-speed electric bicycle or
low-speed gas bicycle only if the person is at least 16 years
of age.
(b) A person may not operate a low-speed electric bicycle
or low-speed gas bicycle at a speed greater than 20 miles per
hour upon any highway, street, or roadway.
(c) A person may not operate a low-speed electric bicycle
or low-speed gas bicycle on a sidewalk.
(d) Except as otherwise provided in this Section, the provisions of this Article XV that apply to bicycles also apply to low-speed electric bicycles and low-speed gas bicycles.
After being totally ignored by my attorney and the judge there was a cross examination of the police officer and i told my attorney to ask about the police officer seeing me peddling when i turned onto Eldorado and the officer said that he did see me. I then told my attorney that at the city hearing under oath that i asked the officer the same exact question and he said that he didn't see me peddling at the time of the turn. Straight perjury. My attorney did nothing.
Following are exerts from the city hearing. which cost me 80 dollars.
pg.4 line 12 HEARING OFFICER POWERS: Okay. Please raise
your right hand. The reporter will swear you in.
(Witness duly sworn.)
OFFICER ROBERT HULL,
called as a witness herein, having been first duly
sworn, was examined and testified as follows:
DIRECT EXAMINATION
BY MS. WAKS:
pg. 7 line 6 Q. And did you continue to see that the bicycle
was being operated by its motor rather than by its
pedals?
A. Yes. It was all motor.
pg.8 line 16 Q. And it is your opinion that this vehicle
would fall under the classification of a motor
vehicle because of the speed of the vehicle?
A. Yes. According to the AVC, it was -- if a
vehicle is over 30 miles an hour, it's considered
like a moped. So it is subject to licensing and
insurance and -- as well as requiring a driver's
license to operate.
pg. 9 line 2 HEARING OFFICER POWERS: Mr. Burns, any
questions you'd like to ask Officer Hull?
CROSS-EXAMINATION
BY MR. BURNS:
Q. At any time did you see the pedals -- me
pedaling the bicycle when I proceeded from the
stoplight specifically?
A. At that point I wasn't looking at your
pedals. I was watching you making the turn.
MR. BURNS: That's the only question.
pg. 15 line 1 MR. BURNS: The only thing that I have issue
with is the fact that while the officer is able to
remember the exact speed that I was attaining, how he
got my attainment, where he was sitting on Van Dyke,
in what parking lot, what cross-sections it was, and
the law that he's enforcing pertaining to this
bicycle, he was not able to remember whether or not I
pedaled the bike when I started out from the
stoplight to turn left onto Eldorado from Van Dyke.
This bicycle in question will not move from
a stop unless it is pedaled. The engine will die and
it will not move. The speed that the bicycle can
attain is not in question when pedaling is used.
It's only in question from a stop with a motor and solely a motor as the law sites, solely powered by a
motor.
pg. 16 line 12 MS. WAKS: Just real quickly. I think
Officer Hull's testimony has been mis- -- it's been
described, I think, inaccurately. He didn't say he
couldn't remember whether or not Mr. Burns was
pedaling or not when he left the -- from the
stoplight turning onto Eldorado. He said he wasn't
looking at the pedals. So it wasn't a question of
whether or not he can remember that specific
situation. He does remember. He didn't pay
attention to that issue. He said he wasn't looking
at his feet. He wasn't looking at the pedals. I
think Mr. Burns wants to play a little bit with words
and what he believes the statute means. But it's clear that this vehicle was obtaining a speed of 35
miles an hour as Officer Hull has testified. And
it's clearly a motor vehicle in this situation.
Re: Do You Need a License to Operate a Low Speed Gas Assisted Bicycle
Did you have a question?
Why do you think your lawyer should have corrected the officer's testimony that he saw you pedaling, when it appears that testimony could have worked to your advantage at trial?
You can talk to your lawyer about the potential for bringing a motion for relief from the judgment or filing an appeal.
Re: Do You Need a License to Operate a Low Speed Gas Assisted Bicycle
sorry about this but that was part 1 here is part 2
I was sentenced to 300 hrs community service and 500 dollars in fines.
I waited my attorney to file an appeal. He said he would.
I waited 2 weeks to talk to him and he still hadn't filed and acted like he wouldn't. so knowing that there is a 30 day limit. On 5-3-11 i went to the clerk and file an appeal and motion to reconsider. They also didn't want to file , but i was persistent. However when they filled the appeal the filed it as "Correspondence regarding appeal on file. (cc)" This cost me 45 dollars
Apparently someone in the clerks office call the public defender or by CHANCE the public defender filled a motion to reconsider latter that same day.
I thought i would get copies of transcripts but haven't, and haven't heard from my attorney It also appears that the appeal hasn't been filed or something because there has been no correspondence regarding it but a date for reconsideration is set for 7-1-11.
At this hearring the judges said that there was some procedural erre and he was goint to vacait my sentence. He then said that he was going to reinpose it deny my motion to reconsider, and instruck the circuit clerk to file an appeal and preepair transcripts for free.
Not once did my attorney say anything about this blantent perjury by this officer.
On 7-19-11 i filled Application to Sue or Defend an an Indigent Person and Motion to Reconsider Newly Acquired Evidence.
IN THE CIRCUIT COURT
FOR THE SIXTH JUDICIAL CIRCUIT OF ILLINOIS
MACON COUNTY, ILLINOIS
)
CHAS BURNS )
)
Plaintiffs )
)
) 2010 TR 010630 D 001
vs. ) NO. 2010 TR 010631 D 001
) 2010 TR 010632 D 001
) 2010 TR 010633 D 001
)
People of State of Illinois )
)
Motion To Reconsider Newly Acquired Evidence
1) That at time of trial transcripts were unavailable to myself.
2) That the trial Court found defendant indigent on 9-29-2010.
3) That I am currently still Indigent
4) That the Transcripts of CITY OF DECATUR ADMINISTRATIVE HEARING 8/20/2010 were acquired on 5-2-2011.
5) That the testimony of Robert Hull was in part or hole perjured testimony.
6) That all testimony made by Robert Hull on 4-8-2011 be stricken from record.
1). That at the time of the trial of this cause, the defendant did not have access to the facts herein presented and that same could not be brought to the attention of this Court at the time of the trial of this cause, and which facts might very well have altered the opinion of this Court as to the authenticity and the credibility of the prosecuting witnesses' statement.
2). I was found indigent on 9-29-2010 by The Honorable Judge Diamond as court records shown.
3). I have been laid off work from caterpillar for 18 months and am currently without a drivers license to return to the work place. I currently live with my mother and receive 117 dollars per week from unemployment.
4). If it pleases the court to admit into evidence City Of Decatur Administrative Hearing of August 20, 2010 in part herein and attached in hole as evidence.
5). Robert Hull testified at trial on 4-8-20121 that he witnessed myself peddling this bicycle when turning onto Eldorado St. from the stoplight at Van Dyke. Robert Hull had Previously testified under oath on 8/20/2010 on my cross examination "At that point I wasn't looking at your pedals. I was watching you making the turn". Transcripts of CITY OF DECATUR ADMINISTRATIVE HEARING 8/20/2010 in part,
pg.4 line 12 HEARING OFFICER POWERS: Okay. Please raise
your right hand. The reporter will swear you in.
(Witness duly sworn.)
OFFICER ROBERT HULL,
called as a witness herein, having been first duly
sworn, was examined and testified as follows:
DIRECT EXAMINATION
BY MS. WAKS:
pg. 7 line 6 Q. And did you continue to see that the bicycle
was being operated by its motor rather than by its
pedals?
A. Yes. It was all motor.
pg.8 line 16 Q. And it is your opinion that this vehicle
would fall under the classification of a motor
vehicle because of the speed of the vehicle?
A. Yes. According to the AVC, it was -- if a
vehicle is over 30 miles an hour, it's considered
like a moped. So it is subject to licensing and
insurance and -- as well as requiring a driver's
license to operate.
pg. 9 line 2 HEARING OFFICER POWERS: Mr. Burns, any
questions you'd like to ask Officer Hull?
CROSS-EXAMINATION
BY MR. BURNS:
Q. At any time did you see the pedals -- me
pedaling the bicycle when I proceeded from the
stoplight specifically?
A. At that point I wasn't looking at your
pedals. I was watching you making the turn.
MR. BURNS: That's the only question.
pg. 15 line 1 MR. BURNS: The only thing that I have issue
with is the fact that while the officer is able to
remember the exact speed that I was attaining, how he
got my attainment, where he was sitting on Van Dyke,
in what parking lot, what cross-sections it was, and
the law that he's enforcing pertaining to this
bicycle, he was not able to remember whether or not I
pedaled the bike when I started out from the
stoplight to turn left onto Eldorado from Van Dyke.
This bicycle in question will not move from
a stop unless it is pedaled. The engine will die and
it will not move. The speed that the bicycle can
attain is not in question when pedaling is used.
It's only in question from a stop with a motor and solely a motor as the law sites, solely powered by a
motor.
pg. 16 line 12 MS. WAKS: Just real quickly. I think
Officer Hull's testimony has been mis- -- it's been
described, I think, inaccurately. He didn't say he
couldn't remember whether or not Mr. Burns was
pedaling or not when he left the -- from the
stoplight turning onto Eldorado. He said he wasn't
looking at the pedals. So it wasn't a question of
whether or not he can remember that specific
situation. He does remember. He didn't pay
attention to that issue. He said he wasn't looking
at his feet. He wasn't looking at the pedals. I
think Mr. Burns wants to play a little bit with words
and what he believes the statute means. But it's clear that this vehicle was obtaining a speed of 35
miles an hour as Officer Hull has testified. And
it's clearly a motor vehicle in this situation.
6). The government's use of perjured evidence to secure a conviction violates the due process clause . SEE, e.g., Napue v. Illinois, 360 U.S. 264 (1959); Pyle v. Kansas, 317 U.S. 213 (1942) Mooney v . Holohan, 294 U.S. 103 (1935). This is true even when the Government lacks definitive knowledge that the testimony will be false. SEE, e.g. Hovey v. Ayers, 458 F.3d 892,916 (9th Cir. 2006)(Due process violation occurs if prosecution "knew or should have known that the testimony was actually false").
WHEREFORE, I respectfully request that all testimony by Robert Hull be stricken from the trial transcript.
It is black letter law that the Government's knowing use of false evidence, or the failure to correct false evidence, violates Due Process. Napue v. Illinois, 360 U.S. 264, 269 (1959). "To prevail on a Napue claim, the petitioner must show that '(1) the testimony (or evidence) was actually false, (2) the prosecution knew or should have known that the testimony was actually false, and (3) ... the false testimony was material.' In this case weather or not the bicycle was powered solely by the motor is one of the requirements that must be met for the 20 mph limit. 625 ILCS 5/1-140.10 new, 625 ILCS 5/1-140.15 new, 625 ILCS 5/1-146, 625 ILCS 5/11-1516 new. A low-speed electric bicycle as a 2 or 3-wheeled device with fully operable pedals and an electric motor of less than 750 watts (one horsepower), 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 miles per hour. "Hovey v. Ayers, 458 F.3d 892, 916 (9th Cir. 2006) (quoting Hayes v. Brown, 399 F.3d 972, 984 (9th Cir. 2005) (en banc)). As the foregoing authority indicates, the State need not have actual knowledge that the testimony is false; it is enough if the prosecution had reason to know. For purposes of deciding whether false testimony requires mistrial or reversal, "the fact that testimony is perjured is considered material unless failure to disclose it would be harmless beyond a reasonable doubt." United States v. Bageley, 437 U.S. 667, 680 (1985).
On 7-25-11 I filled proof of my comunity service hours with the court and have paid the fine months ago.
On 7-26-11 The states attorney filled a Motion to Strike Defendant's Motion of July 19, 2011 and was givven a hearing date of 8/12/2012 at 01:30 in courtroom 2A.
Ok now this judge has not given me a hearing date for my motions of 7-19-11 yet and this states attorney has gotten her hearing date the same date she filled it. I called the court and they said that i wont get a court date tell the judge rules on my motion to sue as poor person.
Ok why the heck is this court date to strike my motion on 8-12-12? Is this a typo and will this be of use to me if it is and they have this hearring on 8-12-11 without me?
I know that the state is going to try to get the motion to reconsider stricken and her reasing will probably be that there was a motion to reconsider allready. Which was denied by the judge. Whick my attorney let go by without mentioning the police perjury. That is why i included the city hearing testamony in my motion on 7-19-11.
The court docket for this case can be found here
http://court.co.macon.il.us/cgi-bin/...%20&LitNum=001
I am currently unemployed and have been denied disability for psychophrenia.
The reason that i have lost my license is for possession of factious identification due to this disability. With no license and no means of transportation to find a job i find myself destitute with no means to pull myself up.So any type of help would be appreciated.
thank you for your time and consideration.
Chas Thanh Burns
Re: Do You Need a License to Operate a Low Speed Gas Assisted Bicycle
There is no way we are going to read through that.
Boil down your question to 25 words or less. If we need more information, we will ask for it.
In the meantime, if you have an attorney, listen to him/her.
Re: Do You Need a License to Operate a Low Speed Gas Assisted Bicycle
i dont expext any one to read through that all intell they are intrested enough to do so. I just wanted the whole thing out there so if intrested they could read it.
At this point in the game the only question i have is how would i (if i choose to) seak justice for this cops perjury given that he told 2 intirly diffrent stories under oath
and is there some cleaver way that i could counter the states motion to strike
Re: Do You Need a License to Operate a Low Speed Gas Assisted Bicycle
Memory is not permanently fixed. If you find an inconsistency in an officer's statement, you can cross-examine the officer about that inconsistency. As was previously noted, from what you have written the change benefited you such that you and your lawyer chose not to challenge the officer's testimony. If the officer were trying to lie and harm you, quite obviously his changed testimony would have been designed to hurt you, not help you.
As for trying to dig out what the motion to strike is about or what your response might be, you've buried the information under an avalanche of irrelevant material - and from what I have been able to dig out it's not even clear you've shared sufficient information such that you could get an informed opinion. Talk to your lawyer.
Re: Do You Need a License to Operate a Low Speed Gas Assisted Bicycle
Quote:
Quoting
Mr. Knowitall
Memory is not permanently fixed. If you find an inconsistency in an officer's statement, you can cross-examine the officer about that inconsistency. As was previously noted, from what you have written the change benefited you such that you and your lawyer chose not to challenge the officer's testimony. If the officer were trying to lie and harm you, quite obviously his changed testimony would have been designed to hurt you, not help you.
As for trying to dig out what the motion to strike is about or what your response might be, you've buried the information under an avalanche of irrelevant material - and from what I have been able to dig out it's not even clear you've shared sufficient information such that you could get an informed opinion. Talk to your lawyer.
ya ya ya hurt me or not the cop perjured himself and i am getting screwed by the court so i want to screw the cop that started it.
if it were me i would be charged for perjury
cros examine him that is the lawyers job and i told him at the trial about this and he said nothing. nwhen i tried to speak i was told to shut up by the judge in court he only wanted to here from laweyers
now i came here for help and am really trying to hold my irratation in at the 2 responces i have gotten
i want to know how i get the cop in trouble for perjury and how it is that i was found guilty purly becouse a cop said he followed me doing 30+ (no radar) within 1 block with no mention to engine size my weight or the level of the road when the law reads
Sec. 1-140.15. Low-speed gas bicycle. A 2 or 3-wheeled
device with fully operable pedals and a gasoline motor of less
than one horsepower, 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 miles per hour.
this is a bullcrap case and the fact the judges and lawyers can just blatently screw citizens that pay there checks with no oversite or repercusions is not just
ferther more the cop did testafy under oath at the city hereaing and that wasn't in my favor it is perjury
Re: Do You Need a License to Operate a Low Speed Gas Assisted Bicycle
You seem intent on trying to convince me that you lack the wherewithal to follow a pretty simple legal discussion. So I suggest that you with your lawyer.
Re: Do You Need a License to Operate a Low Speed Gas Assisted Bicycle
what legal discussion have you tried to have
you told me the the police officer perjury helped me when i asked how to (charge ) him with perjury.
you havent mentioned any case law, persedure, or given any legal knowledge or assistance.