Motor Vehicles; Mo-peds

Subject:

Motor Vehicles; Mo-peds

Requested By:

Honorable Hollis M. Owen, Jr. District Court Judge

Question:

Does the fact that a bicycle with a helper motor was traveling in excess of 20 miles per hour convert it from an exempt motor vehicle to a motor vehicle within the general statutory definition?

Conclusion:

Yes, provided such speed was resultant of the power exerted upon the drive train by the engine.

The statutes relevant to mo-peds or bicycles with helper motors state:

"§ 20-4.01. Definitions. — Unless the context otherwise requires, the following words and phrases, for the purpose of this Chapter, shall have the following meanings:

(23)

Motor Vehicle. — Every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle. This shall not include bicycles with helper motors rated less than one brake horsepower which produce only ordinary pedaling speeds up to a maximum of 20 miles per hour. (Emphasis added)

(27)

Passenger Vehicles. –

d.

Motorcycles. — Vehicles having a 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 motor-driven bicycles, but excluding tractors and utility vehicles equipped with an additional form of device designed to transport property, three-wheeled vehicles while being used by law-enforcement agencies and bicycles with helper motors rated less than one brake horsepower which produce only ordinary pedaling speeds up to a maximum of 20 miles per hour. (Emphasis added)

(49)

Vehicle. — Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes of this Chapter bicycles shall be deemed vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of this Chapter applicable to the driver of a vehicle except those by their nature can have no application."

"§ 20-50.1. Certain Bicycles with motors exempt. — Notwithstanding any of the provisions of Chapter 20 of the North Carolina General Statutes, all pedal bicycles with helper motors rated at one brake horsepower or less and incapable of exceeding 20 miles per hour shall be exempt from all title and registration requirements of Chapter 20, provided such bicycles so equipped shall not be operated upon any highway or public vehicular area of this State by any person under the age of 16 years."

G.S.20-4.01(23) and G.S. 20-4.01(27)d exempt bicycles with helper motors of less than one brake horsepower which produce only ordinary pedaling speeds up to a maximum of 20 miles per hour while G.S. 20-50.1, though requiring one brake horsepower or less to be exempt, uses the words "and incapable of exceeding 20 miles per hour shall be exempt". It is general knowledge that bicycles without helper motors can, when moved by human power, obtain speeds greater than 20 miles per hour. Acts of the General Assembly relating to the same subject matter must be construed in pari materia with the intent of the Legislature being the controlling factor as to any interpretation placed thereon (State Highway Commission v. Hemphill, 269 N.C. 535, Shue v. Scheidt, 252 N.C. 561). Further, the language of the statute will be interpreted to avoid absurd consequences (Hobbs v. Moore County, 267 N.C. 665, State v. Burell, 256 N.C. 288).

The only logical interpretation of the statutes set out herein above is that the test of the horsepower-speed ratio of a bicycle with a helper motor should be as with other vehicles; i.e., on a flat or level paved surface. If a mo-ped or bicycle with helper motor can be accelerated by use of its helper motor to a speed greater than 20 miles per hour on such surface, then it would not fall within the perview of the statutory exemptions and should be classified as a motorcycle.

Rufus L. Edmisten Attorney General

William W. Melvin Deputy Attorney General