new tickets on my xb700

March 10th---and let me tell you---I would give the cop a damn BJ if he would back off---LOL---he's out for blood---get this----the prosecutor offered me a deal that he would drop all charges against me if I would agree to not ride my Electric Bike in Ocean City---isn't that special---so if I put my tail between my legs and agree not to ride my bike in OC he'll drop the tickets----what does that say---please people tell me what you think about that---real nice huh??? Maybe I should take the deal and crawl under a rock and disappear!! It's personal now---but I would appreciate any feedback from you guys and any info that any other state has enforced the HR 727 would be extremely helpful---I've been really sick over the whole thing and my blood pressure is sky high from all this BS---so if any one can send me any info on anybody else beating these kind of tickets based on the HR-727--or the Public Law 107-319---I would greatly appreciate it---I've been searching but can't find anything and I'm about to stroke out.....so any help would be GREATLY APPRECIATED!!!!!

NJ Bike and Pedestrian Action Committee Legislative Subcommittee are looking into this for me right now--they say E-Bikes do fall into the Federal Law HR 727 and the PL 107-319----so maybe that and the fact that I told the Public Defender that I am not taking any "deal" ---I also have 2 calls into Jeff Van Drew and Frank LoBiondo---I'm hoping if I ruffle enough feathers they ain't gonna try to sweep me under the rug----Like I said before --if I'm going down---I'm going down kicking and screaming--lol---below is a very interesting site which also has a woman saying she and her friend use their E-Bikes all the time-----and quoting the Federal Laws and that the state is still tying to clarify inconsistencies within the state laws pertaining to the Federal Laws and the supersedes---which also states---but please go to the site and read the whole article..... http://policy.rutgers.edu/VTC/bikeped/Walks_and_Bikes/Vol3_Issue2/electric3.html

After discovering E-bikes, I concluded something this wonderful surely had to be illegal. I was right. Prior to the enactment of a 2002 federal law legalizing E-Bikes nationally, anyone riding an E-Bike on a public road in New Jersey was subject to a $50 fine. New Jersey legislators are working to eliminate inconsistencies in state statutes that were superseded by the federal law to avoid confusion for law enforcement officials.

The NJ Bike and Pedestrian Action Committee Legislative Subcommittee recently completed a review of the New Jersey statutes, examining provisions covering the legal definition of bicycles and regulations pertaining to motorized bicycles. Removing inconsistencies from the state statutes will provide clarity for law enforcement officials and the general public. E-Bikers, meanwhile, will no longer have to carry along a copy of the federal law in their handlebar packs, as is currently recommended, to educate police officers who may be unfamiliar with the federal regulation. But most importantly, with an assurance that E-bikes are legal, retailers will freely sell E-Bikes and manufacturers will invest in their production, distribution, and development.
I will keep posting as soon as I here anything......thanks all

Haven't gone to court yet it's Thursday morning---Apparently I have been right all along with the HR 727 and the PL 107-319----however an amendment was passed (see link below)in late Oct of 2010---classifying all motorized bicycles in the category of Mopeds----from what the Ped/Bike committee at Rutgers (see link below) they are trying to get this resolved as the stupid MVC doesn't register E-Bikes ---so it looks like I'm in a catch 22 nightmare!!
There is a lady doctor in North Jersey who is running a petition which I will post about when I get her permission to do so---I'm gonna call Van Drew and LoBiondo every week if needed to get this resolved and in the meantime I guess I'll just have try to register the damn thing as a moped---this state is a fu*king joke in everything they do!!! So fellow E-Bikers--get on the horn and call your state senators and congressman and bitch about the MVC has left us with out fingers up our asses b/c as of yesterday the Ped/Bike ppl told me there is not one E-Bike registered as a moped. Let your voice be heard---I know they won't forget me!!! LOL---I also told my 'great' Public Pretender--that if they are gonna come for me make sure they come correct as the fines for no registration--no DL--no insurance--on a "moped" is max fine of 50.00 bucks per citation--these bastards are trying to fine me thousands of dollars---total incompetency---who the hell is running our state---a bunch of incompetent A-holes if you ask me!!!

New amendment --- http://www.state.nj.us/mvc/rules/100410.htm
njbike/ped--- http://www.njbikeped.org/index.php?module=Pagesetter&func=viewpub&tid=8&pid=4

Well the moped is not even considered a motorcycle----just got off the phone with the PD'er---he says the prosecutor is amending fines to max of $150.00---but going for $1.00 and that he is still going to base our argument on the HR 727 and PL 107-319---and wants to motion for appeal to a Federal Judge or higher Judge--as MVC won't register the E-Bike--and Geico won't insure it---I got a quote saying they don't insure E-Bikes---so the fight is not over yet and he really was impressed by all the info I had dug up---so along with the MVC's letter saying he has the proper info about the laws but their stance on 'don't ask don't tell' he is pumping the case up to the next level---so say a prayer as I'm gonna have to pay the 150.00 maybe but it is a cost I'm willing to pay to get these laws changed---he also said get the energizer bunny Van Drew involved as this whole thing has to be addressed at the state level--I told him 'the squeaky wheel gets the oil' he said, "you sure are squeaky" LOL---so fellow E-Bikers again--contact Rutgers--contact your congressman and your senators and make your voice be heard!!! If they would let me register and insure it ---I have a bankruptcy pending for the surcharges I owe---I would have to make it legal---but the catch 22 shit ain't cutting it---I ain't gonna be stuck with a 1700.00 dollar planter---I'm not the one fella's!!!! Look out NJ---Jersygirl is in the house!!

Well everything went good as far as the tickets were all dismissed!!! Because the cop wrote them wrong and if I'm gonna be a moped than the fines for a moped with no DL--no Reg--no Ins---each one is only 50.00---but the Judge dismissed all three on the grounds of them being wrote wrong---yay----but I am not allowed to ride the Bike until we see if MVC will register it----I did get a refusal of insurance from geico---they don't insure E-Bikes---which is good for my case with the Senator against the MVC---for sangesf---who always reminds me that I don't have a license---(lol)once I do my bankruptcy and clear my surcharges I'm gonna try to register it as a moped---yeah good luck -right?? The woman at Rutgers says no one in the state of NJ has registered an E-Bike as of yet. So cyclepete if your listening this is good for our fight--right? the woman at Rutgers also tells me that they are going up to New Brunswick on the 23rd of this month for a BIG meeting to address this issue---so again cyclepete---can you find out what you can over there---her name is: and a few others to contact are also below---All we can do now is fight at least if they are gonna classify us as a moped then we shouldn't have any problem insuring and registering them!!!! ONE SMALL STEP FOR ONE---ONE HUGE STEP FOR ALL US E-BIKERS---HOPEFULLY!!!
Leigh Ann Von Hagen, AICP/PP
Senior Research Specialist
Alan M. Voorhees Transportation Center
Edward J. Bloustein School of Planning and Public Policy
Rutgers, The State University of New Jersey
33 Livingston Avenue, Suite 500
New Brunswick, New Jersey 08901
(p) 732-932-6812 x. 613
(f) 732-932-3714
(e) lavh [at] rci.rutgers.edu
League Certified Bicycle Education Instructor (LCI# 2124)
Visit the New Jersey Safe Routes to School Resource Center at http://policy.rutgers.edu/vtc/srts

and
(732) 932-6812, then
Ranjit Walia: 771
Leigh Ann Von Hagen: 613
Peter Bilton: 586
Robert Williams: 590
Sean Meehan: 877

@cyclepete----it's funny you should mention Jail 2 posts ago----that's exactly what the prosecutor was asking for---1 to 5 days in Jail for driving on the suspended--6 months to 1 year loss of license--3000.00 in a civil judgment--b/c I haven't paid my surcharges---and community service---but he would drop all charges if I agreed not to ride the Bike in OC---talk about them wanting to nail me to the cross---well it's a good thing I read the moped manual and found on page 4 that the max fines were only 50.00 per violation----my PD'er didn't even catch that one--lol--I emailed him this info the night before so I guess when he sent it to the prosecutor--the whole scenario changed----bastards---he was shaking his head on that one!!!--But really--I ain't going to jail---I would've taken the "deal" to avoid jail---I gotta a 12 year old boy---WTF--but once I found the moped fine info--I told the Pd'er I ain't taking no deal b/c I want the Judge to tell me I can't ride it--so it's on the record---NOT that I crawled under a rock and agreed to not ride my E-Bike in OC---I wasn't selling out for 150.00 in fines---so I made out ok I guess---$$ wise and Jail wise---lol

Sangesf and cyclepete---u are never going to believe this-----great friggin news for us!!! Sangesf (ps down at bottom)-u better pack ur bags to come to NJ like u promised---LOL----get this---while trying to register my E-Bike(which I couldn't)I called the legal dept of MVC to inform them that hello I can't register it as a 'moped'--and was told about the new (proposed in-Oct 2010)amendment ---the whole last paragraph----the---"or is powered by an electric drive motor"----is OUT!!! It was Adopted into MVC law on February 8, 2011----however it doesn't get published until April, 5th 2011-- the state 39:1-1 determinative is/or may effect this---but the NJ administrative law 13:25-1.1 is in effect too--see below---so in the meantime I called the Legal Dept. of MVC again---Spoke with Jeffery Pistol---and he was the one who told me all this---I mean WTF---and he said he doesn't know if we need a "bicycle license" to operate the E-Bike--and he's looking into it---again WTF--do any of these Bozo's know the freaking Law or what?? So then I called the head Sgt. of the traffic unit in OC and gave him the list of Bozo's ova there in MVC to see what the heck applies---he was nice and I explained to him that I am not trying to break the Law just register my "moped" E-bike?? or bicycle---he was telling me they are ridiculous and he will get back to me on Monday---so who the heck knows but I got em all going!! I called the director-Steven E. Robertson (the braniac who wrote the proposal) @ (609)777-1407--and left a message b/c he never gets on the phone--and I left him a message as to how does this affect us and why can't we register and what the heck do we do now---can somebody tell me B/C I and the whole E-Bike world of NJ would like to know--- as not even the people on your staff freaking know---Hello--is anyone home??? And I ain't gonna stop til somebody tells me WTF I am---either a "moped" or door #1 or door #2 or perhaps door #3--whatever I am---I just am not going to sit back in this "gray" area that fu*ked up NJ put me in----I'm pissed and the Philly part of me is coming out---I will not go away until somebody tells me exactly what I am!!! I know this much--Imma pissed off bitch right now that these A holes are making laws they can't even explain---duh!!!

Proposed Readoption with Amendment: N.J.A.C 13:25
“Motorized bicycle” means a pedal bicycle having a helper motor characterized in
that either the maximum piston displacement is less than 50 c.c. or said motor is rated
at no more than 1.5 brake horsepower or is powered by an electric drive motor and
said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat
surface.
The whole portion--- "or is powered by an electric drive motor" is OUT!!

NJSA 13:25-1.1
“Permit” means a motorized bicycle learner‘s permit issued under the provisions of N.J.S.A. 39:4-14.3. Anyone operating a motorized bicycle under a permit for the purpose of fitting himself or herself to become a motorized bicycle driver shall limit said operation to daylight hours under any circumstances.

NJSA 39:1-1
"Motorized bicycle" means a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than
50 cc. or said motor is rated at no more than 1.5 brake horsepower and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface.

“Motorized bicycle license” means a motorized bicycle license issued by the Chief Administrator of the Motor Vehicle Commission, in accordance with N.J.S.A. 39:4-14.3, to an individual who is 15 years of age or older and who does not have a New Jersey driver license of any class other than an agricultural license issued pursuant to N.J.S.A. 39:3-11.1.

Sangesf---the tickets said motorized bicycle/moped---but the statute offense was on a motor vehicle---according to the fact that they were saying I was a 'moped'--the max fines per violation for no-DL--no reg--no ins on a moped is only 50.00 each--(NJ moped manual pg-4) based on the tickets being wrong and all the threats of big fines and 1-5 days in jail- that the prosecutor was trying to hang me for--the judge dismissed with a warning not to operate said bike in OC until I got reg--ins--and my DL....smart move that I actually read that and PD'er said that was my ace in the hole!!

@sangesf---I bought my bike in April of 2009---got stopped once or twice showed them the HR 727 law and was sent on my way without a second look---I used it more in 2009 as I was living down the south end of OC--less populated and farther from the stores---moved right in the center of town in Dec of 2009 --got stopped once in early 2010--showed them the law and was sent on my way again----then I got stopped by the big fat meanie cop---and issued just a "no registration" ticket in August--that's the one that was dismissed in Aug.---he swore it was a motorcycle/scooter/moped----the law I'm talking about was a Proposed Readoption with amendment: N.J.A.C. 13:25 in October---left for: Submit comments by Dec. 3, 2010---apparently they got a lot of comments and they took out the part--"or is powered by an electric drive motor"---this amendment without the part about the electric motor was "passed" Feb. 8, 2011 BUT will not be published until April 5, 2001.
So as of right now the Judge and everybody else thought that part was included---but as it is not--that changes everything!!
In other words---I was right in August and right yet again in December because we did fall under the HR 727 and PL 107-319 which supersedes any laws trying to classify us as a motor vehicle--the law wasn't changed until just this February 8th--which doesn't include us---although--they tried to include the Electric Bike/E-Bike with that last sentence in the last paragraph (link 2 posts ago) but I guess they got too much flack about it---what sucks is the guys in the legal dept didn't even know about it until today---yeah they're informed!! LOL As of right now the Judge who is also misinformed says that I have to register-insure and have a DL to operate it---so that's where I'm at right now---after trying to register it and hitting a brick wall--I then called the title/classification specialist Mike Klewin and told him--he then referred me to the legal dept-again---and I spoke with Jeffery Pistol who informed me that he just got notice that --that part was taken out of the amendment---I asked him how that affects the E-Bike and he said he knows it does but not sure how and that he has to speak with his boss--Jim Arose--or the director Steve Robertson--Bozo #1 who made the original "proposal"--I then called the Sgt of the traffic control unit and told him about not being able to register it and gave him all the Bozo's numbers ova there who still don't know if I need a "bicycle license"--a "moped registration" or "insurance". The Sgt said he will call me back on Monday---he just talked to some lower bozo who hardly knew anything---he said he was even a bit confused---b/c he thought that part of the amendment was in--I told him it wasn't--I told him "look I'm just trying to do what the police and the Judge said and I can't even do that---that's when he said "This is ridiculous that you can't even get a straight answer from MVC" So I guess we will have to appeal the Judges decision of getting reg-ins-and DL--on the grounds that we're not lumped into that 'moped' category--if it doesn't get straightened out soon??? It's pretty bad when the guy who wrote the original "Proposal"--doesn't even instruct or inform his own staff of the changes and if it affects us on any level---that is pathetic in my eyes!! This state is totally ass-backwards---no wonder ppl make fun of us---bunch of frigging goobers!! They really need to go back to school if you ask me---duh!!

I would like to refer some people to this forum or blog for them to read---however, how could they get to it quickly as there is no search bar and to scroll down to find it would be time consuming----can one of you guys tell me how to refer them quickly and easily to get here?? I would greatly appreciate it----thanks---
Never mind I figured it out---thx

Hopefully......it will be in our benefit.....as far as the watts---it's a 700 watt motor and it barely goes 20mph with my chunky butt on there....lol....I'll post on Monday when I hear back from the Sgt and of course I'll be calling MVC on Monday to find out it the #1 Bozo knows how this affects us E-Bikers.....SMH!!!!

What state do u live in?

I'm still waiting on the Sgt to get back to me and I guess I may have to wait for an appeal until April 5, for the publishing of the Proposed Readoption with Amendment: N.J.A.C. 13:25---that was just adopted on Feb. 8th which leaves out the whole part of "or is powered by an electric drive motor" --I've called the Bozo's over at MVC---the one guy--Jim Arose tells me I am nothing---b/c he didn't see any pedals---I said let me email you the specs and pictures and you can plainly see it has pedals---can you believe this guy?? Then he tells me it is ultimately up to the Judge---why is that? I didn't know Judges could make their own Laws?? Is this something new?? I know they would have to pass an ordinance and do a traffic study and the whole nine yards---and there is no ordinance where I live. How ridiculous that these ppl are making the rules?? nobody can give me a straight answer--talk about a messed up situation---in the meantime I am gonna call Van Drew again...If the law is the law and you made it can you please tell me what I am---I don't give a shit what it looks like---I meet all the requirements that they are asking to be considered as an Electric Bike---stop jerking me around and stop manipulating the law to benefit you when this is what the law says---it is what it is and that should be it---ya can't say because it looks like a moped or it looks like a scooter---I bought it under the requirements. Maybe the US, for letting them be sold here, and the distributor for selling them is wrong---I am just following what I was told was the law!!! I just wish they would make up their cotton-picking minds!!

I don't pedal---(disability) I'm not good with the legs......and yes I did have them on----waiting to hear from the Sgt.----Jeffery Pistol from MVC legal dept finally called me back after I told the receptionist--that if somebody didn't call me back I was gonna call the "Energizer Bunny"--Senator Jeff Van Drew----he is sending me all the comments that forced them to take out the "or powered by an electric motor" in the proposal---it was taken out and we are at square one----not a moped---and the only vehicles that are banned from NJ roads are the 3 wheel ATV/trike and the pocketbikes that go really fast---he said there is no law prohibiting them on NJ roads---and that all regular bicycle laws apply---we shall see --hopefully we can get that clarified---he cannot put it in writing as some cities have ordinances against them which actually is against the Federal Law HR 727----I'll keep ya posted.....

http://www.pressofatlanticcity.com/communities/upper_capemay/electric-bicycle-or-moped-woman-caught-between-ocean-city-police/ar...

http://www.pressofatlanticcity.com/opinion/editorials/moped-or-bicycle-law-is-unclear/article_24b4250e-8302-5516-b343-70c093bf7b...

Apparently the Prosecutor makes the laws in Mayberry because the SOB is still telling me I am a motor vehicle----Anybody know of a good civil rights lawyer---I have papers from the MVC even saying that for this proposal they overlooked HR 727 and corrected this by leaving out the "or is powered by an electric drive motor!!! My public Pretender is useless and telling me he wants to get more evidence---what the hell more does he need when I have it in writing from the legal dept of the MVC---I'm pissed to say the least!!!