No Motor Driven Vehicles or Cycle



  • A park ranger stopped me and he told me that my Onewheel is a motor vehicle and it is not allowed in the park. I politely informed the ranger that the Onewheel is not a vehicle. The ranger lost his cool and told me to read the signs next time. I told him that I was aware of the signs but still, the Onewheel is not a vehicle. The ranger was still persistent with his decision and his body language signaled that it was time for me to go before things become worse. I rode back home and researched the internet for the definition of motor vehicle/cycle. I knew about AB 604 in California it is a new law but the city can still make their own rules so I couldn't use AB 604 to argue my case. Few minutes later, I stumbled into code 85.1703 and it stated a clear definition of the term "motor vehicle" --

    ****§ 85.1703 Definition of motor vehicle.
    (a) For the purpose of determining the applicability of section 216(2), a vehicle which is self-propelled and capable of transporting a person or persons or any material or any permanently or temporarily affixed apparatus shall be deemed a motor vehicle, unless any one or more of the criteria set forth below are met, in which case the vehicle shall be deemed not a motor vehicle:

    (1) The vehicle cannot exceed a maximum speed of 25 miles per hour over level, paved surfaces; or

    (2) The vehicle lacks features customarily associated with safe and practical street or highway use, such features including, but not being limited to, a reverse gear (except in the case of motorcycles), a differential, or safety features required by state and/or federal law; or

    (3) The vehicle exhibits features which render its use on a street or highway unsafe, impractical, or highly unlikely, such features including, but not being limited to, tracked road contact means, an inordinate size, or features ordinarily associated with military combat or tactical vehicles such as armor and/or weaponry.

    (b) Note that, in applying the criterion in paragraph (a)(2) of this section, vehicles that are clearly intended for operation on highways are motor vehicles. Absence of a particular safety feature is relevant only when absence of that feature would prevent operation on highways.****

    -- I went back to the park with my car and showed the papers to the ranger. He was dumbfounded by my findings and apologized to me in an instant. The lesson from this experience is that the authorities cannot take the word "motor" out of context. Period. Their rules were meant for cars, trucks, golf cart, atv, motorcycle, dirt bikes, etc - not for electric boards. I suggest you all to use code 85.1703 to defend your case if someone tells you that you cannot use your board in the premises because "no motor vehicles are allowed." Please state your arguments in respectful manner of course we have to be good role models and show them we are extremely responsible riders! Keep on riding y'all!!!!



  • Is this in Cali?



  • Yes. East bay area.



  • Motorized skateboards, electric bikes, and the like are all relatively new. I'm gonna throw drones in as well. For now they operate in a "grey" area. Municipalities are starting to crack down on drones. All it will take is a few e skateboards slamming into pedestrians, or for bystanders to witness riders wiping out and getting hurt, for awareness to rise and the laws to change.

    Hikers pretty much have outlawed mountain biking on single track in Marin County, which is the birthplace of mountain biking.

    Enjoy the lack of oversight while you can, I've got a feeling that it won't last forever.



  • @yojimbo I 100% agree with the fact that it is only going to take a couple incidents or complaints in each area to raise awareness for the various municipalities to start enacting laws against / limiting Onewheels and other eboards. Therefore I make a point to be wave at every cop I see and to be as friendly as I possibly can be. I also make a point to be very respectful and conscientious of pedestrians when on sidewalks and walking paths. I also stress this to all my friends etc who I have gotten into the hobby / lifestyle. I want us to be model citizens and not be perceived as trouble makers such as skateboarders.

    I have noticed a huge increase in the number of electric personal transportation devices where I live. As excited I am to see others enjoying something I love so much, it has also started to worry me that there is going to be increased scrutiny and oversight as various issues and incidents inevitably start to happen.

    Also in regards to skateboards, the problem I ran into all the time is the "No skateboards allowed" issue. I try to argue that it is closer to a unicycle than a skateboard, or that law actually puts it in the same category as bikes since it is used for transportation and not grinding rails etc. However 'they pull this is private property so I can decide what is a skateboard and what is not a skateboard, and so you need to get off the property.' Sometimes I will talk with their manager, but I am just curious how others deal with this issue.
    THanks



  • We are at the mercy of the official who interprets the law/policy. Whether right or wrong they got a job to do. Sometimes those people in charge won't spend the time debating the legality of there actions.

    Motives vary among individuals. So you might meet a guard concerned about his career who could care less what the law says and not let any wheeling device through cause the boss says so. Or you might meet his co-worker who says "f*#@% da boss".

    Safety are usually the motives for banning scooters and or wheeled like vehicles.

    Locations also are a factor. Location and personnel makes a difference.

    Being cordial helps quite a bit sometimes, but I think TSA officers are trained in a way they avoid being swayed from there objective.

    I respect authority and what they say I abide with. Usually.

    I laugh at people who like to challenge authority when we all know it a losing battle, even if they're right.
    Example:A popular surf break near a Military Base here on made headline news when a Christian Surf Club met opposition to there favorite surf break. Usually open ,but activity in the week restricted access.

    Their rights and argument: Public Beach Access backed with Documents
    Their oppostion: DOD
    Who you think won.

    Everywhere we go there are laws and policies. Some places guards carry walkie-talkie, and some places they carry walkie-talkie and an Armalite.

    Now would you like to get shot and die, knowing it was a wrongful death. Or would you rather walk away knowing you were wronged.

    Point, is there are a few who think just because they have written document that favors their interest, it doesn't mean you will be granted favor.

    United Airlines is another example. They were totally wrong but only admitted after the fact, people were kicked off.

    Use discretion and be humble, be safe, and be kind.


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