NJ Bicycle Registration??
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allygadget
Active Member
I knew my uncle was an assemblyman in essex county but was unsure where etc. Well upon checking the website to find a legislator I discovered that he is the assemblyman in the same district as lovely Ms. Cleopatra. Needless to say I will be giving him a call later on today to express my displeasure about this bill and see if can help address it and get rid of it.
Mildly Wild
Active Member
Actually, it is. I know of several instances where persons were charged and convicted of DWI while riding a bicycle. These are invariably persons who first lost their drivers license for DWI and figured they would just get thier drinking done whilst using a bicycle. And while I belive they are allowed to operate the bicyle while on the revoked list, they can be cited for DWI if found intoxicated while ridng.
Usually they crashed into something or somebody and were then tested for DWI when the cops showed up.
sooo.... what kind of penalties would an individual be facing for DWI on a bike? Im sure its something fantastically awesome 🙄
rockscaler
Member
motor vehicles only, although cops will charge anything, guilty until proven not
Is a motorized bicycle a motor vehicle within the meaning of this statute? Initially it must be noted that prior to 1975 a "motor vehicle" was defined as including "all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks," and a "motorcycle" included "motorcycles, motor bikes, bicycle with motor attached and all motor operated vehicles of the bicycle or tricycle type, whether the motor power be a part thereof or attached thereto, and having a saddle or seat with driver sitting astride or upon it, or a platform on which the driver stands." N.J.S.A. 39:1-1.
In 1975 the Legislature amended the relevant passages of N.J.S.A. 39:1-1 to include a new class of vehicles, motorized bicycles as distinguished from motorcycles. A "motorized bicycle" was defined as "a pedal bicycle having a helper motor characterized in that the maximum piston displacem
Is a motorized bicycle a motor vehicle within the meaning of this statute? Initially it must be noted that prior to 1975 a "motor vehicle" was defined as including "all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks," and a "motorcycle" included "motorcycles, motor bikes, bicycle with motor attached and all motor operated vehicles of the bicycle or tricycle type, whether the motor power be a part thereof or attached thereto, and having a saddle or seat with driver sitting astride or upon it, or a platform on which the driver stands." N.J.S.A. 39:1-1.
In 1975 the Legislature amended the relevant passages of N.J.S.A. 39:1-1 to include a new class of vehicles, motorized bicycles as distinguished from motorcycles. A "motorized bicycle" was defined as "a pedal bicycle having a helper motor characterized in that the maximum piston displacem
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Mopeds are motor vehicles. As are electric mopeds/scooters. Bicycles are not, but they are subject to the motor vehicle code.
Recent case law dictates that you cannot be convicted of DWI on a bicycle. That doesn't mean an uneducated police officer wouldn't make the arrest, but any attorney worth his salt would get the case thrown out.
Recent case law dictates that you cannot be convicted of DWI on a bicycle. That doesn't mean an uneducated police officer wouldn't make the arrest, but any attorney worth his salt would get the case thrown out.
rockscaler
Member
yes the completely human powered part is the distinction. Cops no very little law, but lots of bullying tactics
Mildly Wild
Active Member
You are right -- I stand corrected.
STATE v. MACHUZAK, (Law Div. 1988)
Here, the court held that the DWI statute did not apply to the operation of non-motorized pedal-type bicycle.
That's interesting cause I do remember someone I vaguely knew getting popped for DUI in NJ (on a bike following getting a DUI in a car), but I can't remember how long ago that was or if it held up in court. Different states however do see bicycles as equivalent to motor vehicles regarding DUI.
Thanks for your feedback.
rockscaler
Member
no prob, just bc its legal doesnt mean they wont arrest you for it or make up something
and I think you are right that at one point it was a convictable offense, but I think it was bc the laws were ambiguous in that area.
and I think you are right that at one point it was a convictable offense, but I think it was bc the laws were ambiguous in that area.
Cops no very little law, but lots of bullying tactics[/QUOTE]
Right. It must be a fact since you've so aptly declared. Certain we could solve our country's problems if we only had a few more attorneys to educate the rest of us.
I wonder though if it was a police officer who wrote such idiocy. More often than not, such bills are introduced by someone w/ an Esq after their name🙂
Right. It must be a fact since you've so aptly declared. Certain we could solve our country's problems if we only had a few more attorneys to educate the rest of us.
I wonder though if it was a police officer who wrote such idiocy. More often than not, such bills are introduced by someone w/ an Esq after their name🙂
Rip
New Member
I highly doubt this will pass. It will do as well as the quick release law from a few years back. If you have no record, how can one account for how much they paid for their bike. It's going to cost the state more to enforce than this will make, making it unenforceable.
If they want to make money, how about making the operators of horse trucks and trailers get commercial drivers licenses. In the state of NJ, you don't have to have a CDL to operate a truck carrying horses. Now, what's the bigger issue here?
If they want to make money, how about making the operators of horse trucks and trailers get commercial drivers licenses. In the state of NJ, you don't have to have a CDL to operate a truck carrying horses. Now, what's the bigger issue here?
wonderturtle
Well-Known Member
wow. Cleopatra really has her finger on the pulse huh?!!
of all the problems facing New Jersey she chooses to sponsor a bill requiring license plates for bikes?
not only is it: (1) wasteful; (2) unnecessary: and (3) misfocused, I think its REALLY BAD POLITICS.
this is fodder for negative advertising in the next election - I can see a negative ad mocking how in the midst of the worst financial crisis she sponsored a law requiring license plates for bicycles (in the background the video shows a 4 year old riding her pink little bicycle and then a cop issuing her dad a ticket for not registering the bike).
so unbelievably stupid.
the explanation actually makes it worse. if that is the real reason (i.e., some kids in her district scaring some old floks riding on the sidewalk) - then ADDRESS THE PROBLEM DIRECTLY.
dont pass a law that will impose ridiculous and completely unnecessary fees and requirements on all bike riders throughout the state. the bill will do NOTHING to address the original problem.
what's that saying, like trying to kill a mosquito with a machine gun (I f'ed up the cliche but you get the point).
I am not at all worried that this will pass, but I am angry that a lawmaker could be so misguided and stupid. but not surprised at all.
of all the problems facing New Jersey she chooses to sponsor a bill requiring license plates for bikes?
not only is it: (1) wasteful; (2) unnecessary: and (3) misfocused, I think its REALLY BAD POLITICS.
this is fodder for negative advertising in the next election - I can see a negative ad mocking how in the midst of the worst financial crisis she sponsored a law requiring license plates for bicycles (in the background the video shows a 4 year old riding her pink little bicycle and then a cop issuing her dad a ticket for not registering the bike).
so unbelievably stupid.
the explanation actually makes it worse. if that is the real reason (i.e., some kids in her district scaring some old floks riding on the sidewalk) - then ADDRESS THE PROBLEM DIRECTLY.
dont pass a law that will impose ridiculous and completely unnecessary fees and requirements on all bike riders throughout the state. the bill will do NOTHING to address the original problem.
what's that saying, like trying to kill a mosquito with a machine gun (I f'ed up the cliche but you get the point).
I am not at all worried that this will pass, but I am angry that a lawmaker could be so misguided and stupid. but not surprised at all.
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You'll be the only MTB registered in the state with a -36 degree stem. They'll be able to find you.
kush
Active Member
The backstory behind this bill is that elderly pedestrians in Newark have been complaining about sidewalk bicyclists spooking them. For real.
The bill has no other co-sponsors. She is on her own on this one.
Oregon had a similar bill killed in 09 and 10 btw.
The best strategy at this point is to ensure that your home district Assembly Reps don't sign on.
Contact your State Assembly Representatives and ask them to oppose A3657.
Find and Contact your State http://www.njleg.state.nj.us/SelectMun.asp.
Sample text:
I am opposed to A3657 - mandatory registration of bicycles. Mandatory registration is unpopular with constituents, expensive to manage and and almost impossible to enforce. It may also be a burden to citizens who rely on bicycles for low cost transportation and hurt the bicycle industry in New Jersey. Many locations have repealed mandatory legislation.
The State Legislature would be wise to look at ways to improve bicycling in our state by introducing legislation that can reduce bicycle crashes through engineering, education and enforcement.
The bill has no other co-sponsors. She is on her own on this one.
Oregon had a similar bill killed in 09 and 10 btw.
The best strategy at this point is to ensure that your home district Assembly Reps don't sign on.
Contact your State Assembly Representatives and ask them to oppose A3657.
Find and Contact your State http://www.njleg.state.nj.us/SelectMun.asp.
Sample text:
I am opposed to A3657 - mandatory registration of bicycles. Mandatory registration is unpopular with constituents, expensive to manage and and almost impossible to enforce. It may also be a burden to citizens who rely on bicycles for low cost transportation and hurt the bicycle industry in New Jersey. Many locations have repealed mandatory legislation.
The State Legislature would be wise to look at ways to improve bicycling in our state by introducing legislation that can reduce bicycle crashes through engineering, education and enforcement.
MST.ESQ
New Member
True that most bills are "introduced" by someone with an Esq after his or her name, however, most are "authored" by assistants and special interest groups. I won't get political but there is a large portion of us Esqs that want to remove a sizable portion of unnecessary laws from the books and further limit the number of bills that can be introduced for consideration - sort of like the "one gun a month rule" for lawmakers...
bradmcnutt
Member
Whether its not being able to ride on the sidewalk or requiring license plates, this is Newark we're talking about. I usually don't buy this excuse, but they really do have much bigger problems to worry about especially with the police cuts.
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