| A pocket bike is a two wheeled motorized device | | | | and law enforcement; and whose activities include |
| that has a seat or saddle for the use of the rider and | | | | developing model programs in motor vehicle |
| that is not designated or manufactured for highway | | | | administration, police traffic services and highway |
| use. | | | | safety, serving as an information clearinghouse for |
| Pocket bikes do not include an off-highway | | | | these same disciplines, and acting as the international |
| motorcycle as defined in section 436 of the Vehicle | | | | spokesman for these interests; and |
| Code. | | | | Whereas, in order to reduce traffic collisions and |
| Is my "Pocket Bike" Allowed on Public Land? The | | | | deaths and injuries resulting from traffic collisions, |
| short answer "No". Recent legislation prohibits pocket | | | | Congress has required the federal Department of |
| bikes from being operated on public land. Section | | | | Transportation to prescribe minimum safety |
| 21720 is added to the California Vehicle Code to read, | | | | standards for any motor vehicle manufactured |
| "A pocket bike shall not be operated on a sidewalk, | | | | primarily for use on public roads; has prohibited the |
| roadway, or any other part of a highway, or on a | | | | manufacture, sale, import and distribution of motor |
| bikeway, bicycle path or trail, equestrian trail, hiking or | | | | vehicles that do not conform with those federal |
| recreational trail, or on public lands open to | | | | motor vehicle safety standards; and |
| off-highway motor vehicle use." | | | | Whereas, responding to Congress' call, the National |
| What will happen if I'm caught riding my "Pocket | | | | Highway Traffic Safety Administration (NHTSA), has |
| Bike" on Public Land? Recent legislation allows for | | | | promulgated motor vehicle safety standards at 49 |
| peace officers to seize the bike and hold it for a | | | | CFR 571, including safety standards for motorcycles |
| maximum of 48 hours. The violator shall be | | | | and motor-driven cycles, and requires manufacturers |
| responsible for all costs associated with the removal, | | | | to certify that vehicles manufactured for on-road use |
| seizure and storage. | | | | meet all applicable safety standards; and |
| Additionally, new legislation requires the manufacturer | | | | Whereas, miniature motorcycles commonly referred |
| of the pocket bike to place a sticker on the bike | | | | to as 'pocket bikes' resemble traditional racing |
| that reads: | | | | motorcycles in every respect except for their small |
| The pocket bike you have purchased or obtained is | | | | size and pocket bikes do not meet the minimum |
| strictly prohibited from being operated on a sidewalk, | | | | height specification for headlamps, tail lamps, stop |
| roadway, or any other part of a highway, or on a | | | | lamps and turn signals for motorcycles or |
| bikeway, bicycle path or trail, equestrian trail, hiking or | | | | motor-driven cycles; and |
| recreational trail, or on public lands open to off | | | | Whereas, their low height makes pocket bikes |
| highway vehicle use. A violation of this regulation may | | | | exceedingly difficult for other motorists to see |
| result in prosecution and seizure of the device. | | | | whenever they are operated on a road; and |
| Pocketbikes are small motorcycles powered by | | | | Whereas, the laws of some states specifically |
| 40-49cc gasoline engines or electric motors. They are | | | | recognize pocket bikes and prohibit their operation on |
| being marketed and sold improperly as "motor | | | | public highways in that state, but many state's laws |
| scooters". Pocket bikes meet the definition of a | | | | do not specifically recognize pocket bikes, regarding |
| motorcycle as defined by California Vehicle Code | | | | them as 'motorcycles' that might be registered and |
| 400(a): | | | | operated on public roads by qualified riders; and |
| CVC 400(a): A "motorcycle" is any motor vehicle | | | | Whereas, lack of federal regulation, guidance or |
| having a seat or saddle for use by the rider, designed | | | | standards clearly applicable to pocket bikes has |
| to travel on not more then three wheels in contact | | | | created confusion for law enforcement officials, |
| with the ground, and weighing less then 1500 lbs. As | | | | motor vehicle administrators and state and local |
| the motors on pocket bikes are under 150cc, they | | | | government officials; now, therefore, be it: |
| are further defined as a "motor driven cycle" per | | | | Resolved by the Board of Directors of the American |
| CVC 405C | | | | Association of Motor Vehicle Administrators, that |
| VC 405: A "motor driven cycle" is any motorcycle | | | | AAMVA finds that, because pocket bikes do not |
| with a motor that displaces less then 150 cubic | | | | meet federal motor vehicle safety standards. |
| centimeters. | | | | They are not "manufactured primarily for use on |
| A motor driven cycle must be registered with the | | | | public highways" within the meaning of federal law; |
| DMV for use on a public roadway or off-street public | | | | and be it further resolved that AAMVA shall |
| parking facility. The rider must be issued a valid driver | | | | endeavor to develop and strengthen relationships |
| license with M1 (motorcycle) endorsement per | | | | with other safety organizations and law enforcement |
| CVC12500 (b) and CVC12804.9 (a). The rider must | | | | agencies and national safety organizations to |
| wear an approved motorcycle helmet per CVC27803. | | | | promote awareness of safety concerns and insure |
| The motor driven cycle must also be equipped with | | | | that state laws prohibit the operation of pocket bikes |
| all required safety equipment. | | | | on public roads; and |
| The DMV is not currently registering "pocket bikes" | | | | Be it further resolved that jurisdictions should not title |
| due to a lack of required identifying numbers (Vehicle | | | | or register for on-road use pocket bikes, |
| Identification Number and Engine Number). This | | | | 'mini-choppers', or any other non-standard motorcycle |
| means that "pocket bikes" may not be driven on any | | | | that does not meet federal motor vehicle safety |
| public roadway or off street parking facility. | | | | standards for vehicles intended for use on public |
| If pocket bikes are properly registered (if the DMV | | | | highways, and that lacks the manufacturer's |
| permits registration at a future date), riders must | | | | certification label stating that the vehicle meets all |
| follow all rules of the road and applicable equipment | | | | applicable safety standards in effect on the date of |
| requirements as would any other motorcycle or | | | | manufacture, unless state or federal law specifically |
| vehicle and are subject to citations for violations | | | | exempts the vehicle from such standards and |
| observed by officers of this department. | | | | certification; and |
| Pocket bikes may still be used on private property | | | | Be it further resolved that AAMVA shall provide this |
| (areas not open to public vehicular traffic) urges | | | | resolution to CPSC, NHTSA, National Traffic Law |
| those riders to obtain training in the safe operation of | | | | Center, and National Conference of State |
| these vehicles and wear appropriate safety | | | | Legislatures, Governors Highway Safety Association |
| equipment. | | | | and other appropriate Federal and State agencies. |
| There are more agencies and organizations that are | | | | Where does this leave pocket bike owners? They |
| clamoring to define pocket bikes and issue calls for | | | | can still be ridden but not on public highways, |
| increase regulations. Here is one from the American | | | | sidewalks or public land. However, they can be |
| Association of Motor Vehicle Administrators. | | | | enjoyed on private property. The rider and their |
| Whereas, the American Association of Motor Vehicle | | | | parents should understand the pocketbike is not a |
| Administrators (AAMVA) is an association | | | | toy and therefore requires that they ride responsibly |
| representing its U.S. and Canadian membership by | | | | including full head protection as well as protective |
| working collaboratively to support and improve motor | | | | clothes. |
| vehicle administration, safety, identification security | | | | |