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huckster · 04-05-2007, 10:59 PM

THE SPOTLIGHT
MURRIETA POLICE DEPARTMENT

POCKET BIKES AND MOTORIZED SCOOTERS

Motor Officer Jay A. Froboese
Murrieta Police Department
Traffic Division

Where do I start??? I cannot tell you how many calls we get a week asking questions about pocket bikes and motorized scooters. Seems like they are sold on everywhere. Just about every block has someone tearing up and down the street on them. What’s the law, and where can we ride these things are the most common questions we are asked. I will attempt to answer those questions and more, but let’s look at the motorized scooters and pocket bikes separately. They are actually considered very different conveyances.

A motorized scooter is defined by the California Vehicle Code as any two wheeled device that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an electric motor, or a source other than electrical power that is capable of propelling the device without human propulsion. So in our law enforcement duties we consider gas or electric powered scooters to be the same.

As a side note, you may enter the words “California Code” into any search engine on the internet, and bring up the latest up to date California Vehicle Code (CVC) to review any Vehicle Code subject you desire.

Sections 21220 through 21235 of the California Vehicle Code regulate the use of motorized scooters.

Motorized scooters are not required to have any insurance, registration, or license plates, and are not considered motor vehicles (21224(a) CVC).

A rider must be sixteen years old (21235(d) CVC) to ride a motorized scooter on the street, and must wear a helmet (21235(c) CVC) that meets the minimum bicycle helmet standards.

The motorized scooter can only be operated on a roadway with a speed limit of 25 miles per hour or less (21235(b) CVC), unless there is a designated bicycle lane. In that case, the rider must remain in the bicycle lane (21229 CVC). When preparing to turn left, the rider must stop and dismount the motorized scooter (21229(a) (2)) and cross the roadway as a pedestrian subject to all the restrictions placed on a pedestrian.

If you ride at night, the lighting equipment required on motorcycles (21223 CVC) applies. You cannot carry a passenger (21235(e) CVC) or ride on sidewalks (21235(g) CVC).

Lastly, every person operating a motorized scooter upon a highway has all the rights and is subject to all the provisions applicable to the driver of any other vehicle. This includes Driving under the Influence, or Scooter DUI (21221.5 CVC). Not only would a Scooter DUI be a costly experience, I would think it would be extremely embarrassing sitting next to another inmate at County Jail explaining how you ended up incarcerated. Certainly would be the most amusing story of the day for the other inmates. I’d like to be a fly on the wall when that conversation goes down. J

Now let’s look at pocket bikes. Here we have a completely different machine as far as the vehicle code is concerned. Now those of you, who may do some research on the internet and look at the vehicle code, may find it hard to find a definition of a pocket bike. I have researched this issue in great detail. I consulted with other law enforcement agencies, a Department of Motor Vehicles (DMV) Investigator, the traffic court judge who adjudicates all traffic cases in our local traffic court, and traffic investigators with the California Highway Patrol.

After putting all of our heads together, it is our legal opinion that pocket bikes meet the general description of motorcycles (Section 400 CVC); however, because their engines are smaller than 150ccs, they meet the specific qualifications of “motor driven cycles” (Section 405 CVC). If they are electric, they meet the definition of “motorized cycles” (Section 406 CVC). They are not a “toy” as defined in 108550 of the Health and Safety Code or a motorized scooter.

Therefore, gas or electric, they require everything a street legal motorcycle would require to be operated on the street. This includes registration (4000(a) (1) CVC), and license plates (5200 CVC). You must have a driver’s license with a motorcycle endorsement (12500(b) CVC). You must wear an approved motorcycle helmet (27803(b) CVC), and carry insurance (16028(a) CVC). You are also required to have all the motorcycle lighting required by the vehicle code (24002(b) CVC).

In a nutshell, there really is no legal way to make these pocket bikes street legal. It is buyer beware out there when purchasing these things.

I stopped at an off ramp on the freeway in civilian clothes the other day to ask a vendor selling these pocket bikes about the law and where my kids could ride one if I purchased one of his gas or electric pocket bikes. He assured me it would be no problem operating them as long as my kids stayed on residential streets and wore their bicycle helmets. He was either completely unaware of the laws or too motivated to move is product to care about what the heck a person was going to do with the pocket bike once he sold it.

Pocket bikes are strictly machines that can only be operated on your own private property or on a race track. They cannot be operated on another’s private property without the express written permission of that landowner or they are in violation of Murrieta Municipal Code 10.48.010. They cannot be on the highway or sidewalks. The operator is subject to a citation for any of the above mentioned vehicle code sections if the pocket bikes are operated on the highway or another’s private property, and could have the pocket bike impounded for up to 30 days. Also, if a parent is allowing a child to operate a pocket bike on the street they could be subject to a citation for 14607 CVC, a moving violation, for allowing a minor unlicensed child to operate a motor vehicle on a roadway.

So there is the lowdown on these vehicles. Take your time. Think long and hard about the purchase of one of these vehicles before putting down your hard earned money for a motorized scooter or pocket bike. The legal areas to ride them are very limited.

As always, I look forward to hearing from you with your ideas for improving this column, your questions, and your suggestions for future articles in the Murrieta Insider. Please feel free to contact me at 909-304-2677 Ext. 6754 or e-mail at

04-05-2007, 10:59 PM	#14 (permalink)
huckster Pocketbike Lord Join Date: Sep 2005 My Gallery Location: wpg Posts: 919	THE SPOTLIGHT MURRIETA POLICE DEPARTMENT POCKET BIKES AND MOTORIZED SCOOTERS Motor Officer Jay A. Froboese Murrieta Police Department Traffic Division Where do I start??? I cannot tell you how many calls we get a week asking questions about pocket bikes and motorized scooters. Seems like they are sold on everywhere. Just about every block has someone tearing up and down the street on them. What’s the law, and where can we ride these things are the most common questions we are asked. I will attempt to answer those questions and more, but let’s look at the motorized scooters and pocket bikes separately. They are actually considered very different conveyances. A motorized scooter is defined by the California Vehicle Code as any two wheeled device that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an electric motor, or a source other than electrical power that is capable of propelling the device without human propulsion. So in our law enforcement duties we consider gas or electric powered scooters to be the same. As a side note, you may enter the words “California Code” into any search engine on the internet, and bring up the latest up to date California Vehicle Code (CVC) to review any Vehicle Code subject you desire. Sections 21220 through 21235 of the California Vehicle Code regulate the use of motorized scooters. Motorized scooters are not required to have any insurance, registration, or license plates, and are not considered motor vehicles (21224(a) CVC). A rider must be sixteen years old (21235(d) CVC) to ride a motorized scooter on the street, and must wear a helmet (21235(c) CVC) that meets the minimum bicycle helmet standards. The motorized scooter can only be operated on a roadway with a speed limit of 25 miles per hour or less (21235(b) CVC), unless there is a designated bicycle lane. In that case, the rider must remain in the bicycle lane (21229 CVC). When preparing to turn left, the rider must stop and dismount the motorized scooter (21229(a) (2)) and cross the roadway as a pedestrian subject to all the restrictions placed on a pedestrian. If you ride at night, the lighting equipment required on motorcycles (21223 CVC) applies. You cannot carry a passenger (21235(e) CVC) or ride on sidewalks (21235(g) CVC). Lastly, every person operating a motorized scooter upon a highway has all the rights and is subject to all the provisions applicable to the driver of any other vehicle. This includes Driving under the Influence, or Scooter DUI (21221.5 CVC). Not only would a Scooter DUI be a costly experience, I would think it would be extremely embarrassing sitting next to another inmate at County Jail explaining how you ended up incarcerated. Certainly would be the most amusing story of the day for the other inmates. I’d like to be a fly on the wall when that conversation goes down. J Now let’s look at pocket bikes. Here we have a completely different machine as far as the vehicle code is concerned. Now those of you, who may do some research on the internet and look at the vehicle code, may find it hard to find a definition of a pocket bike. I have researched this issue in great detail. I consulted with other law enforcement agencies, a Department of Motor Vehicles (DMV) Investigator, the traffic court judge who adjudicates all traffic cases in our local traffic court, and traffic investigators with the California Highway Patrol. After putting all of our heads together, it is our legal opinion that pocket bikes meet the general description of motorcycles (Section 400 CVC); however, because their engines are smaller than 150ccs, they meet the specific qualifications of “motor driven cycles” (Section 405 CVC). If they are electric, they meet the definition of “motorized cycles” (Section 406 CVC). They are not a “toy” as defined in 108550 of the Health and Safety Code or a motorized scooter. Therefore, gas or electric, they require everything a street legal motorcycle would require to be operated on the street. This includes registration (4000(a) (1) CVC), and license plates (5200 CVC). You must have a driver’s license with a motorcycle endorsement (12500(b) CVC). You must wear an approved motorcycle helmet (27803(b) CVC), and carry insurance (16028(a) CVC). You are also required to have all the motorcycle lighting required by the vehicle code (24002(b) CVC). In a nutshell, there really is no legal way to make these pocket bikes street legal. It is buyer beware out there when purchasing these things. I stopped at an off ramp on the freeway in civilian clothes the other day to ask a vendor selling these pocket bikes about the law and where my kids could ride one if I purchased one of his gas or electric pocket bikes. He assured me it would be no problem operating them as long as my kids stayed on residential streets and wore their bicycle helmets. He was either completely unaware of the laws or too motivated to move is product to care about what the heck a person was going to do with the pocket bike once he sold it. Pocket bikes are strictly machines that can only be operated on your own private property or on a race track. They cannot be operated on another’s private property without the express written permission of that landowner or they are in violation of Murrieta Municipal Code 10.48.010. They cannot be on the highway or sidewalks. The operator is subject to a citation for any of the above mentioned vehicle code sections if the pocket bikes are operated on the highway or another’s private property, and could have the pocket bike impounded for up to 30 days. Also, if a parent is allowing a child to operate a pocket bike on the street they could be subject to a citation for 14607 CVC, a moving violation, for allowing a minor unlicensed child to operate a motor vehicle on a roadway. So there is the lowdown on these vehicles. Take your time. Think long and hard about the purchase of one of these vehicles before putting down your hard earned money for a motorized scooter or pocket bike. The legal areas to ride them are very limited. As always, I look forward to hearing from you with your ideas for improving this column, your questions, and your suggestions for future articles in the Murrieta Insider. Please feel free to contact me at 909-304-2677 Ext. 6754 or e-mail at __________________ employed and past owner of rivercity. givver sleeves