T. Kenji Sugahara
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sorry if i'm geeking out here.
bike: noun: a bicycle or motorcycle.
801.150 ?Bicycle.? ?Bicycle? means a vehicle that:
(1) Is designed to be operated on the ground on wheels;
(2) Has a seat or saddle for use of the rider;
(3) Is designed to travel with not more than three wheels in
contact with the ground;
(4) Is propelled exclusively by human power; and
(5) Has every wheel more than 14 inches in diameter or two
tandem wheels either of which is more than 14 inches in diameter.
[1983 c.338 ?22]
814.484 Meaning of ?bicycle? and ?operating or riding on a
highway.? (1) For purposes of ORS 814.485, 814.486, 815.052 and
815.281, ?bicycle? has the meaning given in ORS 801.150 except that:
(a) It also includes vehicles that meet the criteria specified
in ORS 801.150 (1) to (4) but that have wheels less than 14 inches in
diameter.
(b) It does not include tricycles designed to be ridden by
children.
(2) For purposes of the offenses defined in ORS 814.485,
814.486 and 815.281 (2), a person shall not be considered to be
operating or riding on a bicycle on a highway or on premises open to
the public if the person is operating or riding on a three-wheeled
nonmotorized vehicle on a beach while it is closed to motor vehicle
traffic. [1993 c.408 ??3a,3b]
As far as Mike's comment about 4 wheel pedaled vehicles- I'd say they
are four wheeled human powered vehicles (kinda like skateboards).
ORS 801.026(6) says in part that "devices that are powered
exclusively by human power are not subject to the vehicle code that
relate to vehicles." In State v. Smith, (check out 184 or. app. 118)
the court said that the skateboard is not a vehicle. This is a
really weird result as skateboarders aren't likely pedestrians either
(801.385). So... go figure.
(this is not and should not be construed to be legal advice.)
On Sep 27, 2005, at 3:26 PM, markjgi-@yahoo.com wrote:
Only someone like my friend Kieth would appreciate that from an
Oregon law point of view, he is not actually looking for a bicycle.
ORS 801.150 is clear that anything with all wheels less than 14
inches, is not a bicycle!
to wit:
801.150 ?Bicycle.? ?Bicycle? means a vehicle that:
(1) Is designed to be operated on the ground on wheels;
(2) Has a seat or saddle for use of the rider;
(3) Is designed to travel with not more than three wheels in
contact with the ground;
(4) Is propelled exclusively by human power; and
(5) Has every wheel more than 14 inches in diameter or two
tandem wheels either of which is more than 14 inches in diameter
so, where's the UCI stand on this matter? Will someone propose an
OBRA rule? Will there be endless wheel size matters/doesn't matter
flame wars?
Mark Ginsberg
"Keith A. Prior" <toka-@ix.netcom.com> wrote:
My son Eli is really outgrowing his plastic wheeled tricycle.
I want to get him on a little bike with training
wheels and pneumatic tires. I hope to have him ready to
go for the kiddie kilos at Alpenrose this Spring! :)
He test drove a Gary Fisher Sun Spot and did really well on it.
Anyone have a future racer that has outgrown his training wheeled
cruiser?
-K
Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjgi-@yahoo.com
www.bikesafetylaw.com
Yahoo! for Good
Click here to donate to the Hurricane Katrina relief effort.
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<HTML><BODY style="word-wrap: break-word; -khtml-nbsp-mode: space; -khtml-line-break: after-white-space; "><DIV>sorry if i'm geeking out here.</DIV><DIV><BR class="khtml-block-placeholder"></DIV>bike: noun: a bicycle or motorcycle.<DIV><BR class="khtml-block-placeholder"><DIV style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; "><FONT class="Apple-style-span" style=""><FONT class="Apple-style-span" color="#000000"><SPAN class="Apple-style-span" style="background-color: transparent;">801.150 <B>?Bicycle.?</B></SPAN></FONT></FONT><FONT class="Apple-style-span" style=""><FONT class="Apple-style-span" color="#000000"><SPAN class="Apple-style-span" style="background-color: transparent;"> ?Bicycle? means a vehicle that:</SPAN></FONT></FONT></DIV><DIV style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; "><FONT class="Apple-style-span" style=""><FONT class="Apple-style-span" color="#000000"><SPAN class="Apple-style-span" style="background-color: transparent;">????? (1) Is designed to be operated on the ground on wheels;</SPAN></FONT></FONT></DIV><DIV style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; "><FONT class="Apple-style-span" style=""><FONT class="Apple-style-span" color="#000000"><SPAN class="Apple-style-span" style="background-color: transparent;">????? (2) Has a seat or saddle for use of the rider;</SPAN></FONT></FONT></DIV><DIV style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; "><FONT class="Apple-style-span" style=""><FONT class="Apple-style-span" color="#000000"><SPAN class="Apple-style-span" style="background-color: transparent;">????? (3) Is designed to travel with not more than three wheels in contact with the ground;</SPAN></FONT></FONT></DIV><DIV style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; "><FONT class="Apple-style-span" style=""><FONT class="Apple-style-span" color="#000000"><SPAN class="Apple-style-span" style="background-color: transparent;">????? (4) Is propelled exclusively by human power; and</SPAN></FONT></FONT></DIV><DIV style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; "><FONT class="Apple-style-span" style=""><FONT class="Apple-style-span" color="#000000"><SPAN class="Apple-style-span" style="background-color: transparent;">????? (5) Has every wheel more than 14 inches in diameter or two tandem wheels either of which is more than 14 inches in diameter. [1983 c.338 ?22]</SPAN></FONT></FONT></DIV><DIV><BR><DIV><DIV><SPAN class="Apple-style-span">814.484 <B>Meaning of ?bicycle?</B> and ?operating or riding on a highway.? (1) For purposes of ORS 814.485, 814.486, 815.052 and 815.281, ?bicycle? has the meaning given in ORS 801.150 except that:</SPAN></DIV><DIV><SPAN class="Apple-style-span">????? (a) It also includes vehicles that meet the criteria specified in ORS 801.150 (1) to (4) <B>but that have wheels less than 14 inches in diameter</B>.</SPAN></DIV><DIV><SPAN class="Apple-style-span">????? (b)<B> It does not include tricycles designed to be ridden by children</B>.</SPAN></DIV><DIV>????? (2) For purposes of the offenses defined in ORS 814.485, 814.486 and 815.281 (2), a person shall not be considered to be operating or riding on a bicycle on a highway or on premises open to the public if the person is operating or riding on a three-wheeled nonmotorized vehicle on a beach while it is closed to motor vehicle traffic. [1993 c.408 ??3a,3b]</DIV><DIV><BR class="khtml-block-placeholder"></DIV><DIV>As far as Mike's comment about 4 wheel pedaled vehicles- I'd say they are four wheeled human powered vehicles (kinda like skateboards).? ORS 801.026(6) says in part that "devices that are powered exclusively by human power are not subject to the vehicle code that relate to vehicles."? In State v. Smith, (check out 184 or. app. 118) the court said that the skateboard is not a vehicle.? This is a really weird result as skateboarders aren't likely pedestrians either (801.385).? So... go figure.</DIV><DIV><BR class="khtml-block-placeholder"></DIV><DIV>(this is not and should not be construed to be legal advice.)</DIV><DIV><BR class="khtml-block-placeholder"></DIV><DIV><BR class="khtml-block-placeholder"></DIV><DIV><BR class="khtml-block-placeholder"></DIV><DIV>On Sep 27, 2005, at 3:26 PM, <A href="mailto:markjgi-@yahoo.com">markjgi-@yahoo.com</A> wrote:</DIV><BR class="Apple-interchange-newline"><BLOCKQUOTE type="cite"><DIV>Only someone like my friend Kieth would appreciate that from an Oregon law point of view, he is not actually looking for a bicycle. ORS 801.150 is clear that anything with all wheels less than 14 inches, is not a bicycle!</DIV> <DIV>?</DIV> <DIV>to wit:</DIV> <DIV>?801.150 ?Bicycle.? ?Bicycle? means a vehicle that:<P class="MsoNormal">????? (1) Is designed to be operated on the ground on wheels;</P><P class="MsoNormal">????? (2) Has a seat or saddle for use of the rider;</P><P class="MsoNormal">????? (3) Is designed to travel with not more than three wheels in contact with the ground;</P><P class="MsoNormal">????? (4) Is propelled exclusively by human power; and</P><P class="MsoNormal">????? (5) Has every wheel more than 14 inches in diameter or two tandem wheels either of which is more than 14 inches in diameter</P><DIV>?<BR class="khtml-block-placeholder"></DIV><DIV>?<BR class="khtml-block-placeholder"></DIV><P class="MsoNormal">so, where's the UCI stand on this matter? Will someone propose an OBRA rule? Will there be endless wheel size matters/doesn't matter flame wars?</P><DIV>?<BR class="khtml-block-placeholder"></DIV><P class="MsoNormal">Mark Ginsberg</P><DIV>?<BR class="khtml-block-placeholder"></DIV><P class="MsoNormal"><BR><BR>"Keith A. Prior" <<A href="mailto:toka-@ix.netcom.com">toka-@ix.netcom.com</A>> wrote:</P></DIV> My son Eli is really outgrowing his plastic wheeled tricycle.<BR>I want to get him on a little bike with training<BR>wheels and pneumatic tires. I hope to have him ready to <BR>go for the kiddie kilos at Alpenrose this Spring! :)<BR><BR>He test drove a Gary Fisher Sun Spot and did really well on it.<BR><BR>Anyone have a future racer that has outgrown his training wheeled cruiser?<BR><BR>-K<BR><BR><BR><BR><BR>Mark J. Ginsberg <BR>Attorney At Law <BR>621 SW Morrison St., Ste. 900 <BR>Portland, OR 97204 <BR>(503) 542-3000 <BR>Fax (503) 227-2530 <BR><A href="mailto:markjgi-@yahoo.com">markjgi-@yahoo.com</A> <BR>www.bikesafetylaw.com<DIV> <BR class="khtml-block-placeholder"></DIV>Yahoo! for Good<BR> Click here to donate to the Hurricane Katrina relief effort.</BLOCKQUOTE></DIV><BR></DIV></DIV></BODY></HTML>
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