XB500 - To ride or not to ride

I read the whole thing.. maybe there isn't a technical requirement in the law that you have to wear a helmet and the police officer is being stupid and obstinate. But it's a good idea to wear a helmet anyway.

Unless you want to keep being hassled by the local police, find out your state and local motor vehicle laws and compare them to the bike's specifications and then do whatever the laws say regarding insurance, registration, safety equipment, etc. My local police and Bureau of Motor Vehicles did that, and they determined that the federal law (so often waved about by the importer) DOES NOT APPLY because the XB-600 I own can go faster than 20 mph (according to the importer's own specifications), and the pedals are OPTIONAL, DON'T NEED TO BE INSTALLED,and are NOT the PRIMARY MEANS OF POWER, which is contrary to the definition of a "bicycle". In other words, the federal law applies to "electrically assisted bicycles", and according to the importer's own specifications and product descriptions that are posted all over the internet, the XB-600 is NOT an electric bicycle. In Maine, it's a MOPED. Find out what the situation is in your area with your XB-500 by actually getting a copy of your area's motor vehicle laws and definitions. I'm sure different people will get different opinions from one state to another, and probably even within the same state due to local laws and interpretations. So find out what's applicable in the area you'll be riding in.
As far as the helmet goes, due to my work I have seen plenty of people in hospitals and health care facilities who are there because of brain damage due to head injuries from bicycle and motorcycle accidents. Many of these head bumps were relatively "minor", but enough to cause permanent brain damage. Wear a helmet, even if it's just a bicycle helmet. A motorcycle helmet, called an open-faced "half helmet", will provide even better protection. There are too many inattentive car and truck drivers out there, no matter how careful you are. A friend of ours who is an emergency room nurse shared the following hospital "joke": What's a motorcycle rider called who doesn't wear a helmet? Answer: An organ donor...

What I suggest you do is talk to someone at your state's Dept. of Motor Vehicles, briefly explain your problem, show them the bike (or photos) along with the product specifications and a copy of the Federal bike law, and tell them you need a copy of the state's motor vehicle laws. Get their opinion on the bike while you're talking to them. At the very least, get photocopies of the pages that apply to your XB-500 and helmet laws (Maine has no helmet law except for children). Then mark the sections that apply to your bike. Make sure you are in accordance with your state's motor vehicle laws, whatever they are, then go ahead and ride. Depending on your state, you may or may not need to wear a helmet or safety vest. You may or may not be able to ride in traffic. Maybe you'll need to stay on the right edge of the road. You may or may not need to register the bike, or have it insured. Regardless, make sure you have the motor vehicle law book, or the photocopies of the appropriate pages, with the pages marked, stored on your bike. I keep mine in the storage container with the bike's registration and insurance card. If the police stop you and you are polite and show them the laws, they may back down when they see you've already talked with the Dept. of Motor Vehicles and done your homework. So far, I've noticed that you've talked with the police, they have made a lot of "noise", but they haven't actually given you a ticket. If, as you say, the police are intent on harassing you, then they're probably going to give you a ticket at some point anyway, so go ahead and go to court with the ticket, your copies of the laws and information on your bike and let the judge decide. If the police won't listen to you, they're more likely to listen to a judge, as long as you show up and have the copies of the laws in your hands to show you are complying with whatever law the police ticketed you for violating.
Remember, that along with the Federal Bike law that X-Treme scooters makes available, they also include a disclaimer in their advertising that buyers need to check with their local laws. In Maine, two different police departments and the Bureau of Motor Vehicles were able to show me FROM THE MAINE MOTOR VEHICLES LAW BOOK why the federal bike law did not apply to my XB-600. It's because it's a MOPED, not a BICYCLE, because the pedals are NOT NEEDED to propel the XB-600. On a bicycle, pedals MUST be used to some extent to propel the bike, and on an electric bicycle, the electric motor ASSISTS the operator's use of the pedals. On a MOPED, pedals MAY (or may not) be used to propel the bike. Obviously, pedals on my XB-600 are optional. I don't use them, but I keep them stored under the seat in case an officer has a question about my bike being either a "moped" or a "motorcycle" or a "motor scooter". Other criteria that vary from state to state have to do with motor power and wheel sizes. Read everything and see what best describes your XB-500 in your state.
Regarding your other complaints about the inaction of the police, I suggest you keep a diary of specific instances (including dates and who you talked with), and if the local police chief won't do anything, then discuss the problem with your district attorney, then the state's attorney general, or the county or state police. In other words, work your way "up the chain". Make sure you keep your cool, stick to the facts, and always be polite. And try to understand that the lack of response is sometimes due to them having to deal with bigger problems that are a bigger priority at the time. In our town, a lady had scheduled a time for the police to come over and arrest her abusive boyfriend. They didn't show up at the scheduled time, because they were busy with an armed robbery. She reconciled with her boyfriend who continued to treat her poorly, so she didn't set up another time with the police. But in her mind, "the police didn't do anything". In another local drug-dealer case, police "didn't do anything" for 6 months, because they were busily working into the network of drug dealers with undercover cops. So sometimes, like the commune you described, the local police may not appear to be doing anything, but they may be working on gathering evidence for something bigger. But I am also aware that sometimes it's a "good ol' boy" problem, just as you say, which is why you may need to work your way up the chain in order to get something done.
Personally, I have my XB-600 registered and insured as a "moped", so I have a license plate on it. I keep to the right side of the road (out of traffic), wear a bright yellow safety vest or shirt, keep the lights on all the time (per Maine state law), and I wear a helmet. Police see me, sometimes follow me, but so far they've never stopped me because they see I'm doing my best to obey the applicable laws and ride safely, and they probably figure they've got more important things to do like chase drunk drivers, speeders or bank robbers. But should they decide to stop me, I'm prepared: including copies of e-mails I've exchanged with their police chiefs about the legality of me riding my XB-600.

In Maine, adults don't need to wear helmets or the safety vests while riding any kind of bike. Those are not legal requirments. The reason I wear them is that when I first considered getting one of these electric bikes, I went to the local police departments first because I figured they would be the people most likely to give me the greatest hassle about the bike. So I asked them 3 questions: 1. Is this bike "street legal"? (Their answer: Yes.) 2. What laws apply and what do I need to do to ride this in town? (They photocopied the appropriate laws and highlighted the information.) 3. Do you have any other suggestions for how I can ride this bike safely? (Their suggestions: Please wear a helmet and a brightly colored safety vest. Keep to the right, out of traffic, and stay off the sidewalks.) We also discussed the federal electric bike law, and they explained why they didn't think it applied, based on the definitions. Something I'd like to point out is that EVERYONE I talked with here went out of their way to be extremely helpful. They all acknowledged this is a new "gray area" for everyone, they are all learning the terminology, and everyone wanted to "get it right" because I'm the first person in this area to get one of these. And they all wanted to "see this happen". They just want to make it safe and legal for everyone. One thing they DON'T want to see is a bunch of irresponsible or underage people rushing out to buy these things and driving all over the place without any regard to safety or legal responsibility. The police keep busy enough confiscating gas-powered skateboards from kids, who buy the things and use them on the streets and sidewalks, not realizing they're illegal in Maine. If something has a motor on it, it's a "motorized vehicle" and is subject to some kinds of laws.
The only insurance required for the XB-600 is liability insurance, although I got a comprehensive policy that covers theft, vandalism, towing and everything else for about $100 per year. Funny footnote: the policy also covers up to $3,500 worth of "accessories" I install on the bike! Like what, I don't know. Sun roof? Air conditioner? CD player? Another interesting note: There is no motor minimum power requirement for a "moped" in Maine because the minimum power would be using the foot pedals. That's a difference of opinion between the local police departments and the Maine Bureau of Motor Vehicles, which told me that the motor on a moped needs to be between 750 - 1500 watts. So their opinion is that because my bike is 600 watts, it doesn't need to be registered. They base that on the legal minimum and maximum power limits of "scooters" and "motorcycles", but as the police pointed out, it's not actually part of the legal definition of a "moped". So the town office (which can register the bike with the Bureau of Motor Vehicles) talked with the police, read the laws themselves, and went ahead and registered the bike as a "moped" because that's the category it fits under.
I made it clear to everyone from the start that I didn't care what they called it or what the legal requirements were, I just needed the information so I could make the best decision of what to get so I could go to work more cheaply. I explain all this simply to say that with the rapid changing technology, I don't think this battle is going to be over any time soon, and I prefer to pick my battles and save my energy for the really major issues. If it will make the local police happy to have me register the bike, and if they'll feel better if I wear a helmet and a florescent yellow shirt or vest, etc., then I'm happy to oblige. They gave their reasons, I think they're reasonable requests, and frankly, I've got much more important stuff to worry about.

Just because there is a federal law that you think applies, it might not if your state or county or town has other laws, policies, or interpretations. In spite of what the X-Treme website might state or imply, the federal law is not supreme.

In CA, if the pedals are not attached and functional, it is not a moped. Having them under the seat is not legally significant.

Often state laws give local authorities a lot of latitude (usually to be more strict) where safety issues are concerned.

If you are mad at the local police and feel like "taking them on", that is your choice, but not one without significant (high) risks. Maybe you should re-evaluate ALL of the related safety risks, and wear your helmet?

As long as you are riding where there are cars, it is not "bright" to ride without a good protective helmet ... unless you feel that you have nothing to protect, AND you have good unlimited lifetime medical insurance.

You did not mention your state (or town), I believe.

What should one say to a man with a gun (and, like "007", with the permission to use it)?

Perhaps "Yes, sir", might be best?

In any case, for yourself and for your family, please try to make careful choices, and pick battles you have a chance of winning.

Good luck.

I think the issue of the pedals is an excellent example of law variations from state to state. In Maine, the law says that with a "moped" the operator "may" use pedals, so I keep them stored under the seat so I "may" use them, should I want. The law, as currently written, doesn't say anything about the pedals needing to be installed on the bike. It remains to be seen whether or not I'll get stopped regarding the "pedal issue", but plenty of the local police have seen me on the bike and left me alone, so I'm not too worried about it.

Right, I meant to use that tiny detail as an example of different laws.

Here, "bike" paths, as another example, are regulated significantly at the local level, as are scateboards, not to mention rules for powered scateboards.

When I get my Aptera, I intend to set up "educational" visits to the local police, and possibly the CHP, if they would like it.

For example, how should they switch off the "gas" at an accident scene, deal with one-occupant in the carpool lanes, or arrange for towing with one of these 3-wheeled "motorcycles".

Your example of trying to create a win-win situation (that you seem to have achieved) is excellent.

Medotcom, Knowing from experience just how bad your situation is, might I suggest you add something to your riding equipment?

Buy yourself one of THESE - http://cgi.ebay.com/4GB-Spy-Pen-Camcorder-Video-Recorder-Camera-DV-640x480_W0QQitemZ350218755105QQcmdZViewItemQQptZLH_DefaultDomain_0?hash=item518aaa1c21&_trksid=p3286.c0.m14&_trkparms=65%3A15|66%3A4|39%3A1|293%3A1|294%3A200 - and make sure it is recording any time you leave the house. Trust me on this, it has already saved me from two false complaints made against me by friends of the corrupt police chief. If you keep having problems, send copies of the video to the FBI at the least.

To: MeDotCom

Let us know what happens with you and the local police regarding your XB-500 and their harassment over you wearing a helmet.

A full helmet can be as little as $50 ... see some of the less expensive models of the Hawk line.
I bought 5 sizes (XS, S, M, L, XL) from the www.LeatherUp.com site so my riders could be legal, and much safer. The smallest heads need smaller than the XS, and the largest heads need larger than the XL, but these 5 helmets say that they cover the 53 to 61 cm range (53-54, 55-56, 57-58, 59-60, and 61).

For me, I bought the more expensive SHOEI helmet (XL) to get one that fit my head well. It is larger than the Hawk XL, and larger than some brands XXL models. It took some looking and trying-on to find one that fit my head's shape (longer front-to-back).

Do you wear shoes while you ride? Do you wear a jacket? I just am wondering if you wear that safety gear why is your head less important?