Ask a Trooper

By Andy Schmidt | The Daily Journal

Published Saturday, April 21, 2007

Question: Can a resident of Minnesota who has had their driving privileges revoked legally operate an electric bicycle?

Answer: The answer is truly dependent on where your “electric bicycle” fits in the law, so we will have to determine which of the following definitions fits.

Statue 171.01 sb 40 “motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and bicycles with motor attached, but excluding tractors and motorized bicycles.”

Because of the nature of your question I am pretty sure you are not talking about a motorcycle. Subdivision 41 states a “motorized bicycle means a bicycle that is propelled by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged.

Motorized bicycle includes an electric-assisted bicycle as defined in section 169.01 sb 4b.” Now according to 169.01 sb 4b “electric-assisted bicycle means a motor vehicle with two or three wheels that: (1) has a saddle and fully operable pedals for human propulsion; (2) meets the requirements of federal motor vehicle safety standards in CFR 49 section 571.01; and (3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii) is incapable of propelling the vehicle at a speed of more than 20 mph, (iii) is incapable of further increasing the speed of the device when human power alone is used to propped the vehicle at a speed of more than 20 mph, and (iv) disengages or ceases to function when the vehicle’s brakes are applied.”

I am guessing that the type of “electric bicycle” you are talking about is the one covered by subdivision 41 above.

With that in mind we go to statute 171.02 sb 3 which in part states, “A motorized bicycle may not be operated on any public roadway by any person who does not possess a valid driver’s license, unless the person has obtained a motorized bicycle operator’s permit or motorized bicycle instruction permit from the commissioner of public safety.”

So the answer I will give is, no, a person whose driver privileges have been revoked may not operate an electric bicycle.

When you get in the car take a second to remind yourself that you will drive with your safety and the safety of your family in mind.

And because not every driver out there is as careful as you, make sure you buckle up everyone, every time.

If you have any questions concerning traffic related laws in Minnesota send your questions to Trp. Andy Schmidt, Minnesota State Patrol at 1000 Highway 10 West, Detroit Lakes, MN 56501-2205. Or reach me at, andrew.schmidt@state.mn.us

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