Comments on: Moped Lessons http://bicycledriving.org/roads/moped-lessons Cycling skills, good roads, public awareness. Tue, 31 Jan 2012 02:44:33 +0000 hourly 1 http://wordpress.org/?v=3.3 By: John Allen http://bicycledriving.org/roads/moped-lessons/comment-page-1#comment-291 John Allen Thu, 24 Jul 2008 16:06:04 +0000 http://bicycledriving.org/uncategorized/moped-lessons#comment-291 The Legislature has provided no definition of the term "automatic transmission" -- and so a judge would have to answer it if it arises as a practical matter. Would a judge rule for operational definition: "no need for the operator to shift gears" -- or a design specification? An electric motor does not need any gear shifting, as, unlike an internal-combustion engine, it can supply torque from a dead stop. The operational definition would, then, apply to the electrified bicycle, but the design specification, "a device to transfer power from an internal-combustion engine without the need for manual gear shifting," would not. As Paul notes, the statutes include a definition for "motorized bicycle", but this rests on a shaky foundation, as there is no definition of "bicycle." The Highway Department regulations do include such a definition, and a rather good one, but these regulations apply only on state highways. The Highway Department, in this case and others, has gone to some lengths to fill in gaps in the statutes. Massachusetts traffic laws -- an accretion, never conformed to any version of the Uniform Vehicle Code -- and it shows. The Legislature has provided no definition of the term “automatic transmission” — and so a judge would have to answer it if it arises as a practical matter. Would a judge rule for operational definition: “no need for the operator to shift gears” — or a design specification? An electric motor does not need any gear shifting, as, unlike an internal-combustion engine, it can supply torque from a dead stop. The operational definition would, then, apply to the electrified bicycle, but the design specification, “a device to transfer power from an internal-combustion engine without the need for manual gear shifting,” would not.

As Paul notes, the statutes include a definition for “motorized bicycle”, but this rests on a shaky foundation, as there is no definition of “bicycle.” The Highway Department regulations do include such a definition, and a rather good one, but these regulations apply only on state highways. The Highway Department, in this case and others, has gone to some lengths to fill in gaps in the statutes.

Massachusetts traffic laws — an accretion, never conformed to any version of the Uniform Vehicle Code — and it shows.

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