ARE THEY STREET LEGAL?
SHORT ANSWER: NO
Vehicle Code Section 405. A "motor-driven cycle" is any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle, as defined in Section 406.A gasoline-powered mini-motorcycle or "Pocket-Motorcycle" is a motor-driven cycle pursuant to section 405 of the Vehicle Code. As such, it is subject to all vehicle equipment, registration, driver license (M1 endorsement), and helmet requirements stated in the Vehicle Code.
Mini-Motorcycles are not manufactured with a conforming 17-digit vehicle identification number (VIN), indicating the manufactures intended they be operated on private property and not for use on a highway.
Because Mini-Motorcycles do not have a conforming 17-digit VIN, they can not be registered. To be in compliance with the California Vehicle Code, you may not operate a Mini-Motorcycle on a public highway or an off street parking facility that is not properly registered with the DMV.
In addition to the registration requirement, most Mini-Motorcycles are not equipped to be legally operated on the public highways. The following is a partial list of equipment requirements that all motor-driven cycles must comply with:
- Tail lamp required during darkness.
- Battery required.
- Stop lamp required.
- Red rear reflectors required.
- Turn signal system required.
- Lighted head lamp required when engine is running.
- DOT* head lamp required.
- Head lamp height - between 22 and 54 inches from ground.
- Brakes on BOTH wheels.
- Mirror required.
- Horn required.
- Muffler preventing excessive or unusual noise.
- Tire tread depth a minimum of 1/32 inch on any two adjacent grooves.
- DOT* tires required (DOT=Department of Transportation)
The Buena Park Police Department has received an increasing number of complaints and calls for service regarding “Pocket” motorcycles (i.e. mini motorcycles) that are being marketed and sold for outdoor recreation.
These “pocket bikes” are almost always illegal to be operated on a public roadway.
Below is some information compiled by our Traffic Bureau in regards to this problem
Gas-powered “pocket bikes” fall under the definition of a “Motor Driven Cycle” from section 405 of the California Vehicle Code (405 CVC).
Electric-powered “pocket bikes” fall under the definition of a “Motorized Bicycle or Moped” from section 406a of the California Vehicle Code (406a CVC).
All operators of “pocket bikes” (either gas-powered or electric-powered) must comply with all DMV regulations for use on public roadways. This includes:
- For gas-powered “pocket bikes” the operator must have a valid “Class M1” license
- For electric-powered “pocket bikes”, the operator must have a valid “Class M2” license
- All “pocket bikes” must be registered with the DMV (see below)
- All operators of “pocket bikes” must have current insurance
- All operators of “pocket bikes” must be wearing an approved DOT helmet
- All “pocket bikes” must have all equipment that is required on a motorcycle.
- Since the “pocket bikes” do not meet the safety standards set by the DMV for motorcycles, “pocket bikes” are deemed unsafe under 24002(a) CVC.
Currently, the DMV does not register vehicles that have an engine size of 50cc or less. Most of the “pocket bikes” fall into this category. This DOES NOT EXEMPT the “pocket bikes” from needing to be registered in order to be used on a public roadway.
An operator of a “pocket bike” on a public roadway can be cited for the following:
- Unlicensed Operator (12500(a) or 12500(b) CVC)
- If the operator does not have a valid M1 or M2 endorsement on his/her license.
- Unregistered Vehicle (4000(a) CVC)
- Not having proper insurance (16028(a) CVC)
- If the operator does not have appropriate and current insurance
- Any applicable equipment violations or moving violations as with any other motorcycle on the public roadway
“Pocket bikes” can be towed for the following:
- Impounded for 30 days via 14602.6(a) CVC
- If the operator is unlicensed or does not have the proper M1 or M2 endorsement
- Stored for being unregistered via 22651(o) CVC
POCKET BIKES ARE NOT LEGAL TO BE OPERATED UPON CITY STREETS, SIDEWALKS, PARKING LOTS OR WITHIN RESIDENTIAL HOUSING TRACTS. OPERATING ONE IS A VIOLATION OF THE CALIFORNIA VEHICLE CODE AND SUBJECTS THE OPERATOR OR GUARDIAN TO PENALTIES AS LISTED IN THE VEHICLE CODE, INCLUDING, BUT NOT LIMITED TO, FINES AND IMPOUNDING OF THE VEHICLE.If you have further questions, feel free to contact the Buena Park Police Department's Traffic Bureau @ 714-562-3941.