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Post by psychedelicode on Aug 19, 2012 12:39:53 GMT -5
I got pulled over at 8am yesterday by a county sheriff. He pulled me over for speeding, 45 in a 55 downhill, then impounded my scooter saying that I must have modified it because the legal limit for scooters is 30. He said that I can come and get it in a week or so if it checks out as a 50cc.
What are they going to do to my scoot? I dont want anyone tearing down my motor much less some half assed cop mechanic.
The law here states that a moped must no be able to pass 35mph on flat ground, I told him this and that I was going downhill. The law does not have a mention of top speed on hills.
Much less it is a 63cc from the factory so once they open the head, it is in violation of the law displacement wise. I'm probably not getting my scooter back. This is terrible. IF I lose the scooter than I cannot show it to the insurance company from the accident. So no claim and no scooter. I feel like I just got broomsticked.
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Post by hardd1 on Aug 19, 2012 12:53:24 GMT -5
blame the distributor Tao Tao.....you were deceived thinking you bought a 50cc..lol
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Post by psychedelicode on Aug 19, 2012 13:22:18 GMT -5
Yeah that wont work out too well. My scoot is a Jonway and the dealer Metric Motorsports burned to the ground last Feb. I think I'm going to have to drive my Motor Assisted Bicycle. The local cops wont even know what to think of that thing!
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Post by tortoise on Aug 19, 2012 13:24:37 GMT -5
impounded my scooter saying that I must have modified it If you were running in this configuration, not hard to see why! Pretty much "laws don't apply to me" punk mentality. |
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Post by cheap0 on Aug 19, 2012 14:21:41 GMT -5
As much as I hate to say this, you need a lawyer. Good luck. Once you are in the position of needing a lawyer, by definition, you're already screwed. At this point all that remains to be seen is how bad it is.
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Post by SylvreKat on Aug 19, 2012 14:53:03 GMT -5
Two comments.
If you need a lawyer, you might as well just let the cops have the scooter. A lawyer will probably cost more than what your scooter's worth.
If it's a 63cc, then even if you weren't breaking the unspecified downhill speed limit, you still were breaking the law. Tough to hear, but you knew the law and chose to hope nobody would notice.
I'm sorry you're going through this, especially when it didn't have to happen. Good luck.
>'Kat
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Post by pearlygates on Aug 19, 2012 14:56:14 GMT -5
That sux BIG! I can't imagine losing my scoot like that! Hoping for the best for you man.
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Post by inkyben on Aug 19, 2012 14:57:56 GMT -5
Sorry that happened to ya. Chances are that they'll take their sweet time inspecting it and rack up the daily impound fees. Sounds like the cop was having a pretty bad day prior to pulling you over.
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Post by larrym on Aug 19, 2012 16:19:03 GMT -5
her in nj they dont even have inspection for scoots or bikes
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Post by tz250racer on Aug 19, 2012 16:22:58 GMT -5
If you had a big bore kit on the scoot then you are in dip sh!t because you may need a motorcycle licence for a bike more the 50cc.Insurance may give you problems too.Been there long time ago back in Italy.I was 14 years old.Young and stupid.I had a Vespa 50 with a 125 top end,crank,big carb.I got pulled over by 2 undercover cops on a bike.I was going pretty fast.They impounded the scoot.They found out about the big cc's and charged me for not having f a motorcycle licence for a 125cc,no insurance.A 50cc is not required to have insurance in Italy but a 125 yes.I had to hire a lawyer.The layer dragged the matter for 2 years till Italy had an national amnesty for minor "crimes".Lawyers know all the short and long ways around the laws.I never saw my scoot again.After 2 year in a garage the fees where$$$$.I say forget the scoot. I got out clean.I wish you more luck then me.
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Post by psychedelicode on Aug 19, 2012 16:23:29 GMT -5
Running a scooter or motorcyle without bodywork is not illegal. As long as it has headlight taillight mirrors and turn signals it's legal. Not bounds for pulling someone over. I did not know it was a 63cc until a bit over a month ago. It was sold to me 4 years ago as a 50cc new from the dealer. the papers said 50cc. The only mods to it are lighter rollers and an 85 jet.
Luckily I already have a lawyer because of my recent accident. I dont think he will mind another case. he is a good family friend and owes my family a favor or two. he is not charging me for his services.
I was on a grocerie run when it happend. I had to walk 5 miles home carrying milk eggs butter and a 5gallon bottle of drinking water. needless to say the milk went bad and the butter made a mess allover my backpack. the water just broke my back.
I'm not giving up on my scoot. I will fight tooth and nail to get it back.
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Post by OverReved on Aug 19, 2012 16:23:41 GMT -5
From what I've seen, you'll be getting the bike back.
Driving around a naked bike is just going to throw up lots of flags, when's the last time you saw a car going down the road with no fenders or hood or wheel-wells or doors or glass. From what I gather that's what you were doing.
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Post by psychedelicode on Aug 19, 2012 18:39:54 GMT -5
Yes it may look scary and attract attention, however comparing a naked scoot to a car is like apples and oranges. Cars are required by law to have fenders, bumpers, and a windshield. Doors are optional, as well as hoods and trunklids. Plenty of people around here driving without hoods on their cars. Heck there is a guy in town that has enough structural Iron welded on and around his car that it looks like it belongs in road warrrior. Not on the road. I would hate to get hit by that guy.
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Post by acntvman on Aug 19, 2012 20:13:51 GMT -5
If you did not know its a 63 when you bought it. I would stick to that story. I would act like a deer in headlights when you find out from the courts or cops.
How do you know its a 63 ?
John
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Post by bloodymomo on Aug 19, 2012 21:29:17 GMT -5
I live not far from metric motorsports in muskegon. She did burn down but the guys still up there. I bought a new tite 2 weeks ago from him
He might know something
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Post by dude on Aug 19, 2012 21:52:38 GMT -5
I rode a Honda Ruckus stone stock yr.? The fastest it would run down a big hill was 39mph on the speedo. 35 mph on the flat. I dont think they can take it apart. If you have a title you should get it out right away. Read up on the law in your state.
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Post by petrol42 on Aug 19, 2012 22:15:35 GMT -5
If you had a big bore kit on the scoot then you are in dip sh!t because you may need a motorcycle licence for a bike more the 50cc.Insurance may give you problems too.Been there long time ago back in Italy.I was 14 years old.Young and stupid.I had a Vespa 50 with a 125 top end,crank,big carb.I got pulled over by 2 undercover cops on a bike.I was going pretty fast.They impounded the scoot.They found out about the big cc's and charged me for not having f a motorcycle licence for a 125cc,no insurance.A 50cc is not required to have insurance in Italy but a 125 yes.I had to hire a lawyer.The layer dragged the matter for 2 years till Italy had an national amnesty for minor "crimes".Lawyers know all the short and long ways around the laws.I never saw my scoot again.After 2 year in a garage the fees where$$$$.I say forget the scoot. I got out clean.I wish you more luck then me. This is the USA. Our laws are a lot different than Italy's. In the USA, you could get your M1 license at 18 years old and then go out and buy a 1800cc motorcycle and kill yourself. That's not the case in Europe where the CCs of a bike is age and license restricted. |
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Post by petrol42 on Aug 19, 2012 22:23:36 GMT -5
I got pulled over at 8am yesterday by a county sheriff. He pulled me over for speeding, 45 in a 55 downhill, then impounded my scooter saying that I must have modified it because the legal limit for scooters is 30. He said that I can come and get it in a week or so if it checks out as a 50cc. What are they going to do to my scoot? I dont want anyone tearing down my motor much less some half assed cop mechanic. The law here states that a moped must no be able to pass 35mph on flat ground, I told him this and that I was going downhill. The law does not have a mention of top speed on hills. Much less it is a 63cc from the factory so once they open the head, it is in violation of the law displacement wise. I'm probably not getting my scooter back. This is terrible. IF I lose the scooter than I cannot show it to the insurance company from the accident. So no claim and no scooter. I feel like I just got broomsticked. What does your bike do on flat land? What they'll most likely do if your scoot goes faster than 30 on the flats is give you a citation for modifying your scoot and then they'll give you some time to put it back to stock. Then you have to take it back for inspection, pay the fine if it passes and then you could ride off. I highly doubt they'll open up your motor and measure anything. Most of these inspections are of the Visual type where they just poke around the engine compartment. The side of your case probably still indicates its a 50cc. It is strange that they impounded the scoot though. All the fix it tickets my friends have got have not resulted in an impound. In fact, my friend was pulled over in a highly modified Miata and he gave the cop some BS story and he let him go. If anything, your Sheriff's dept wanted extra revenue for their department and they'll get you for the impound fees. |
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Post by tz250racer on Aug 20, 2012 5:23:49 GMT -5
If you had a big bore kit on the scoot then you are in dip sh!t because you may need a motorcycle licence for a bike more the 50cc.Insurance may give you problems too.Been there long time ago back in Italy.I was 14 years old.Young and stupid.I had a Vespa 50 with a 125 top end,crank,big carb.I got pulled over by 2 undercover cops on a bike.I was going pretty fast.They impounded the scoot.They found out about the big cc's and charged me for not having f a motorcycle licence for a 125cc,no insurance.A 50cc is not required to have insurance in Italy but a 125 yes.I had to hire a lawyer.The layer dragged the matter for 2 years till Italy had an national amnesty for minor "crimes".Lawyers know all the short and long ways around the laws.I never saw my scoot again.After 2 year in a garage the fees where$$$$.I say forget the scoot. I got out clean.I wish you more luck then me. This is the USA. Our laws are a lot different than Italy's. In the USA, you could get your M1 license at 18 years old and then go out and buy a 1800cc motorcycle and kill yourself. That's not the case in Europe where the CCs of a bike is age and license restricted.[/quote] Well....what happen here in the usa if you get stopped because you ride a 125cc with a moped licence?.I belive that anything over 50cc is a motorcycle and you do need the proper licence.A 50cc moped or scooter here in NJ gets a moped plate and you need a moped licence. |
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Post by psychedelicode on Aug 20, 2012 8:01:26 GMT -5
Flat ground it does 45-50 depending on the wind (GPS). It has since I bought it. Odd I have tried to call metric motorsports a few times in the past month or two with no response. The only reason I know it's a 63, is the dealer in Grand Rapids pulled the head one day to measure the piston. He didn't believe that I could hit 60 downhill on a stock scoot.
I really hope they don't pull anything apart. They can give a very thorough inspection without tearing down my motor. Can't say I've ever had my shroud off to see what the cylinder is stamped as. I hope it says 49cc. That would save me alot of headache.
Are BBK's stamped with their respective displacement?
I'm kinda glad I have not done the orange box and coil yet, or the filter and exhaust. This helps my cause out a bit by having the stock parts in place. Funny too because when my CDI failed last week I was looking for an orange but couldn't find one...lucky me.
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Post by petrol42 on Aug 20, 2012 10:46:09 GMT -5
[quote author=petrol42 board=general thread=53618 post=521241 time=1345432535] This is the USA. Our laws are a lot different than Italy's. In the USA, you could get your M1 license at 18 years old and then go out and buy a 1800cc motorcycle and kill yourself. That's not the case in Europe where the CCs of a bike is age and license restricted. Well....what happen here in the usa if you get stopped because you ride a 125cc with a moped licence?.I belive that anything over 50cc is a motorcycle and you do need the proper licence.A 50cc moped or scooter here in NJ gets a moped plate and you need a moped licence.[/quote] A few things can happen in that scenario because it depends on the cop pulling you over and what mood they're in. Here in the USA, sometimes the cop gives you a ticket and sometimes they let you go with a warning and tell you to get the proper permit or license. Also, your appearance and attitude has a lot to do with not getting a ticket. Also, you're comparing apples to oranges. In the States, you're allowed to buy ANY SIZE bike no matter what age or skills you have as long as you have a license. If you lived in Italy, you know that you can't just buy and size bike. They make you start on a small size bike and graduate to bigger sizes as your skills improve and you get older. Anyways, I like the European way of graduating to bigger bikes. My friend might still be alive if that were the case here. |
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Post by acntvman on Aug 20, 2012 11:02:48 GMT -5
This may sound like a silly question. Did they impound your scooter pending an inspection or because you did not have a state inspection?
John
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Post by psychedelicode on Aug 20, 2012 12:55:47 GMT -5
Pending inspection. Michigan does not have vehicle inspection requirement. I called the local sheriff today. They said I can come and pick it up in a truck. They don't want to see it on the road again. The only thing they cited was in violation is the forks being bent. Safety issue. I thinks they are BSing me. Im mean REALLY IMPOUND MY BIKE FOR A TWISTED FORK! You have to be kidding me.
I have this feeling the dirty, slanderizing, lazy cop that attended my accident may have something to do with this. She was not stoked to get kicked off my neighbors property and really wanted to take me to jail on a 12 year old warrant out of Minnesota (which the sheriff mentioned on the phone today), and him for having piles of road signs lining his driveway. She didn't know (at that time) that he is the ex county commissioner and was a microsecond from losing her job. I would not put it past her to make it known to the Sheriffs that I once did things that I should not have...when I was 18. And so the sheriff decided it would be a good idea to check me out.
Well, regardless I'm going to pay the $150 it takes to get my scoot back. Hopefully today, tomarrow it will be $200. Then I'm ordering a new triple tree, and riding my scoot after it's installed anyway. It wont be unsafe then.
Next thing you know they are going to tell me my KLR650 is illegal because the colors are too pastel and it looks like ken and barbie should be riding it. It's a distraction on the road y'know.
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Post by OverReved on Aug 20, 2012 12:59:02 GMT -5
The bike is stock. It says 50cc on the plaque most probably. He's not changed any parts. There is plenty of evidence on-line stating that it's common to see 63cc engines marked as 50cc and that places no responsibility on you as a rider and owner to think otherwise.
Stock 50cc scooters easily go over 30 or 35 on flat ground, It's the riders job to throttle back and not exceed the posted limits for their class bike. Same as it's a car drivers job to throttle back and not exceed the posted limits. The same holds true for riding down inclines, you are still limited to 30 or 35 if applicable for your equipment, just like a car has to let off going down a hill or use the brakes to stay in the posted speeds.
Yes the law is gray in this area, so take the side of caution and not exceed what is expected of you. When it's so ill-defined anyone can interpret it however they see fit for the situation be they a judge, a police officer, state trooper, or a local sheriff.
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Post by acntvman on Aug 20, 2012 13:15:09 GMT -5
Your being screwed with. Have you thought about moving.
John
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Post by psychedelicode on Aug 20, 2012 13:37:18 GMT -5
Yes, the thought has occurred. I don't have these problems in the city, scooterists are invisible to cops there.
However, I AINT MOVIN FOR NO COP. My neighbors love me as well as everyone in my neighborhood. Ill just pile up the complaints and call a laywer. Whats that TV dudes name...CALL SAM!...lol
I was just reading a bit of Michigan code. I'm lucky to have my license right now. I am not a Michigan resident. My DL is from California. Apparently the officer has the right to take my DL as a good faith gesture until the infraction is resolved.
SPEED/SPEED LIMITS
Question: I was told recently that if you are from out of state and you are pulled over for speeding in Michigan, you must either pay $100 cash immediately or give up your driver's license. Is this correct?
Answer: MCL 257.749(1) states in part "When a person who is not a resident of this state is stopped for a civil infraction...the police officer making the stop shall take that person's driver's license as security for the nonresident's appearance in court and satisfaction of any order which may be issued under section 907 and shall issue to that person a citation as provided in sections 727c and 742."
MCL 257.749(2) states "In lieu of the officer's taking of the license under subsection (1) or before appearance in court, the person stopped may recognize to the officer or to the court for his or her appearance by leaving with the officer or court a guaranteed appearance certificate or a sum of money not to exceed $100.00."
The license, $100 cash, or guaranteed appearance certificate are to guarantee appearance in court or payment of a citation, as the State of Michigan cannot suspend the license of a nonresident. License suspension is the normal procedure for a Michigan resident that fails to take care of a citation. The bond is not a payment for the citation. A receipt is given on the citation for the choice of bond.
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Post by OverReved on Aug 20, 2012 14:04:24 GMT -5
That'd be a riot.
Getting pulled over with out of state plates- the officer asks for your license. You tell him "I don't have my license your buddy took it from me as court appearance security" so the other officer gives you a ticket for driving without a license, impounds your car and leaves you stranded. =l
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Post by Bake is Back on Aug 20, 2012 15:55:29 GMT -5
Sorry to say this, but you have too many issues to be playing games with the police. Just my $0.02. The CA license thing could get you in deep doo-doo. You are lucky to get away like you did. Count your blessings and start doing things the right way.
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Post by cheap0 on Aug 20, 2012 16:50:40 GMT -5
What would happen if you tried to license it? Is that an option?
Funny that MI would require bonds from out of state folk. The US traffic extortion system is efficient enough now that you cannot get away with not paying a ticket, anywhere. When I was a teenager back in the 70s, this was not so. Your license will be suspended for any US court's bench warrant for failure to appear.
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Post by psychedelicode on Aug 20, 2012 17:17:03 GMT -5
Actually all my bikes have Cali tags other than the scooter. The dealer tagged my scooter before I took it home (moped tags). But MI refuses to let me tag the motorcycles here. Out of state DL. I don't know why they let the dealer do it with the scoot but wont let me tag the MC's. That is not a big issue for me though. All my tags are up to date regardless of how far I rode them to get here.
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