Though others may disagree, I consider both the Phantom Ghost line of gasoline powered motorcycles, quoted by company president as capable of 35 mph, to be motorized bicycles in Iowa. I also consider the Outrider Alpha 422, an electrified pedal trike, to be a motorcycle in certain forms, especially those reportedly exceeding no-peddle speeds of over 46 mph on the flat.
The Iowa Attorney General in a non-binding opinion requested by the Adair County Attorney has indicated that a bicycle, including electrified bicycles that do not exceed the 20 mph limit unassisted human power, requires no licensure nor registration. A motorized bicycle rider must title, register, and insure a motorized bicycle and it must have a manufacturer’s certificate of origin and a VIN number for that purpose. A rider must have a driver’s license or a moped rider’s license to ride a motorized bicycle in the State of Iowa.
A motorized bicycle rider may not lane split, may not carry passengers, and must operate with a 5 foot long flag Day-Glo in color, as well as with his or her headlights always on. The attorney general opinion goes on—again, it’s non-binding on the courts—as stating that, at the very least, bicycles and less-than-20-mph electrified bicycles are not motor vehicles because the Legislature did not identify them as such.
If you or a loved one has been arrested for OWI (DUI) or other Iowa criminal offense, contact David A. Cmelik Law PLC at 319-389-1889 or https://www.daclawfirm.com for a free initial consultation today. However, remember that a blog is not legal advice and that no attorney-client relationship is established by sending unsolicited information to an attorney over the Internet.
There is an argument that a pedelec or pedal-assist that has no throttle and is activated by the torque of the human rider through the crank is not “powered solely by such a motor while ridden” but whoever has the cash to hire an attorney to test this definition will be blazing a trail, figuratively and literally.
Note under this definition that a gasoline powered bicycle, retrofitted or otherwise, is never a bicycle in Iowa but is either a motorcycle or a motorized bicycle that requires registration, insurance, and licensure to operate. Electrified bicycles and trikes that have a “race” or “off road” mode that allow the bike or trike to exceed 20 mph and are operated on the streets are not bicycles and may be defined by Iowa law as either motorized bicycles (mopeds) or motorcycles!
There is a hipster movement afoot to electrify and otherwise motorize bicycles. Some of the gasoline powered variants resemble the motorized bicycles that preceded motorcycles in the early 1900s, with large, chromed teardrop headlights and retro cruiser frames.
Look, Ma, No Helmets Helmets are not required for bicycles, motorized bicycles, nor motorcycles in Iowa. However, two out of three moms agree a brain bucket is a good idea for Junior.
There is a hipster movement afoot to electrify and otherwise motorize bicycles. I say hipster because this movement is slightly different than the moped movement of the 1980s where established players created motorized pedal (thus, “mo-peds”) as an answer to the international fuel crisis. It includes both the kit electrification of existing bicycles and the original equipment manufacture (OEM) of bicycles as well as the attachment of two and four stroke gasoline powered motors to existing bicycles by startup companies across the country. Some of the gasoline powered variants resemble the motorized bicycles that preceded motorcycles in the early 1900s, with large, chromed teardrop headlights and retro cruiser frames. Some of these manufacturers have promoted their motorized bicycles on their websites and elsewhere “street legal” without the need for title, registration, insurance, or rider licensure. Buyer beware.
In 2006, the Iowa Legislature modified Iowa Code Chapter 321 to redefine motorized bicycles and bicycles that happen to have electric assist. Iowa Code § 321.1(40)(c) defines a bicycle as either human powered two-wheeled with at least one saddle or “[a] device having two or three wheels with fully operable pedals and an electric motor of less than seven hundred fifty watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than twenty miles per hour.”
Copyright David A. Cmelik Law PLC. All rights reserved.