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