Chapter 4501-23 Motorized Bicycles-Equipment and Testing

4501-23-01 Referenced material.

(A) Following is a contact site for obtaining federal regulations incorporated by reference in this chapter:

Federal motor vehicle safety standards (FMVSS), "U.S. Department of Transportation, National Highway Traffic Safety Administration, 400 7th Street SW, Washington D.C. 20590."

Web site: http://www.gpoaccess.gov/cfr/index.html

Obtained via: "U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, D.C. 20401."

(B) The most recent applicable date of a federal regulation incorporated by reference in Chapter 4501-23 of the Administrative Code is provided immediately after each federal regulation listed in paragraphs (B)(1) to (B)(3) of this rule. The effective dates of prior versions of an incorporated federal regulation follow. Except as otherwise provided, the version of a federal regulation incorporated by reference in Chapter 4501-23 of the Administrative Code is the version in effect at the date of vehicle manufacture. If an incorporated federal regulation is amended, such amendments are not incorporated within Chapter 4501-23 of the Administrative Code unless and until this rule has been changed to specify the effective date of such amended federal regulation.

(1) Reference to FMVSS 108, 49 C.F.R. 571.108(2005) , prior effective dates:

41 FR 35522, Aug. 23, 1976

59 FR 54839, Nov. 2, 1994

61 FR 20497, May 7, 1996

61 FR 41355, Aug. 8, 1996 (changes effective 7/1/1997)

61 FR 45359, Aug. 29, 1996

61 FR 49976, Sept. 24, 1996

62 FR 31367, June 9, 1997

63 FR 8145, Feb. 18, 1998

63 FR 42584, Aug. 10, 1998

63 FR 63801, Nov. 17, 1998

64 FR 45898, Aug. 23, 1999

68 FR 44901, July 31, 2003

(2) Reference to FMVSS 122, 49 C.F.R. 571.122(2005) , prior effective dates:

37 FR 5034, Mar. 9, 1972

as amended at 37 FR 11974, June 16, 1972

38 FR 14753, June 5, 1973

39 FR 32914, Sept. 12, 1974

39 FR 43075, Dec. 10, 1974

41 FR 24593, June 17, 1976

43 FR 9606, Mar. 9, 1978

43 FR 46548, Oct. 10, 1978

66 FR 42617, Aug. 14, 2001

(3) Reference to FMVSS 123, 49 C.F.R. 571.123(2005) , prior effective dates:

37 FR 7207, Apr. 12, 1972

as amended at 37 FR 17475, Aug. 29, 1972

39 FR 32915, Sept. 12, 1974

8 FR 42819, Sept. 20, 1983

49 FR 35381, Sept. 7, 1984

49 FR 35504, Sept. 10, 1984

56 FR 61387, Dec. 3, 1991

63 FR 28933, May 27, 1998

63 FR 51001, Sept. 24, 1998

70 FR 51295, Aug. 30, 2005

Effective: 06/11/2011
R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 12/8/06

4501-23-02 Definitions.

(A) "Motorized bicycle" means any vehicle having either two tandem wheels, or one wheel in the front and two wheels in the rear, that is capable of being pedaled and is equipped with a helper motor of not more than fifty cubic centimeters piston displacement which produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface

(B) "Motorized bicycle license" means the license issued to any person fourteen years of age or older to operate a motorized bicycle whenever the person does not hold a valid driver's license or a valid commercial driver's license.

(C) "Manufacturer" means any person engaged in the manufacturing or assembling of motorized bicycles or motorized bicycle equipment, including any person importing motorized bicycles or motorized bicycle equipment for sale or resale.

(D) "Person" means every natural person, firm, co-partnership, association, or corporation.

(E) "Motorized bicycle equipment" means any system, part, or component of a motorized bicycle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as an accessory or addition to the motorized bicycle.

(F) "FMVSS" means "Federal Motor Vehicle Safety Standards."

(G) "Moped" means the same as motorized bicycle, and may be used interchangeably with motorized bicycle.

(H) "Motorized bicycle operator or driver" means every person who drives or is in actual physical control of the motorized bicycle.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-04 Manufacturer's certification.

(A) The manufacturer shall provide a certification of fact to the department of public safety that the vehicle is manufactured to comply with the performance and equipment requirements of this chapter prior to any sales within the state of Ohio.

(B) Such certification shall be on a form prescribed by the department. The form shall indicate, at a minimum, that the vehicle meets the definition of a motorized bicycle in Ohio which requires that:

(1) The vehicle have either two tandem wheels or one wheel in the front and two wheels in the rear;

(2) The vehicle is capable of being pedaled and;

(3) The vehicle is equipped with a helper motor that:

(a) Has no more than fifty cubic centimeters piston displacement;

(b) Produces no more than one brake horsepower and;

(c) Is capable of propelling the vehicle at a speed of not greater than twenty miles per hour on a level surface.

(C) Based on this certification, and on any other knowledge which the department may possess concerning the vehicle in question, the department shall approve or disapprove the vehicle for sale and operation in Ohio as being within the definition of a motorized bicycle.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-05 Brakes.

Every motorized bicycle shall be equipped with a brake system in compliance with FMVSS 122 "Motorcycle Brake Systems", 49 C.F.R. 571.122 . (See rule 4501-23-01 of the Administrative Code for the most recent applicable effective date and for prior effective dates of this federal regulation.)

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 12/8/06

4501-23-06 Tires and wheel rims.

Tires shall have an inflated width size of 1.75 inches ( 4.45 centimeters) minimum and shall have an overall inflated diameter of nineteen inches ( 48.26 centimeters) minimum when mounted to the rim or wheel.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-07 Steering.

(A) The motorized bicycle steering system shall provide the operator with a means of safely controlling vehicle direction.

(B) Full left and full right turns of the steering system shall not result in interference with any control cables, wiring, or mounted components including the propulsion device.

(C) Handlebars shall not be obstructed in movement between full right and full left turn stops, nor shall any part of the handlebar be more than fifteen inches ( 38.1 centimeters) above that portion of the seat occupied by the rider when the seat is fully depressed.

(D) Handlebars shall be equipped with handgrips designed to insure a firm non-slip grip for the operator's hand.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-08 Fuel systems.

All motorized bicycle propulsion units using liquid fuel shall have all fuel system components, including the tank, pump, tubing, hoses, clamps, etc., securely fastened so as not to interfere with vehicle operation and shall be designed to prevent leakage when the vehicle is in its normal operating attitude. Fuel lines shall be positioned in a manner to prevent their contact with the engine cylinder head, manifold, exhaust system, or other high temperature surfaces, or moving components. The fuel system shall be adequately vented, and if provided with a fuel shut-off valve, such valve shall be in compliance with FMVSS 123 "Motorcycle Controls and Displays", 49 C.F.R. 571.123 . (See rule 4501-23-01 of the Administrative Code for the most recent applicable effective date and for prior effective dates of this federal regulation.)

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 12/8/06

4501-23-09 Exhaust systems.

Motorized bicycles shall be equipped with an exhaust system, where applicable, incorporating a muffler or other mechanical device for the purpose of reducing engine noise. Cutouts and by-passes in the exhaust are prohibited. The system shall be designed to prevent leakage and all components shall be securely attached and located so as not to interfere with the operation of the motorized bicycle. Shielding shall be provided to prevent inadvertent bodily contact with the exhaust system during normal operation.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78

4501-23-10 Seat or saddle.

A seat or saddle securely attached to the vehicle, shall be provided for the use of the operator. The seat or saddle shall not be less than twenty-five inches ( 63.5 centimeters) above a level road surface when measured to the lowest point on top of the seat or saddle cushion with the operator seated in a driving position. The seat or saddle adjustment locking device shall prevent relative movement of the seat from its selected and secure position under all normal vehicle operating conditions. The seat shall be located such that any part of the handlebar is not more than fifteen inches ( 38.1 centimeters) above that portion of the seat occupied by the operator when the seat is fully depressed.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-11 Rear view mirror.

Every motorized bicycle shall be equipped with a mirror so located as to reflect to the operator a view of the highway to the rear of such vehicle. The operator shall have a clear unobstructred view to the rear of the vehicle by mirror.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 12/8/06

4501-23-12 Chain and belt guards.

Any drive chain, drive belt, or rotating component shall be equipped with a guard or covering device sufficient to prevent bodily contact and snagging of clothing.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78

4501-23-13 Vehicle stand.

All motorized bicycles designed with two wheels shall be equipped with a retracting stand in compliance with FMVSS 123 "Motorcycle Controls and Displays", 49 C.F.R. 571.123 . (See rule 4501-23-01 of the Administrative Code for the most recent applicable effective date and for prior effective dates of this federal regulation.)

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 12/8/06

4501-23-14 Controls.

All motorized bicycle operation controls and displays shall be in compliance with FMVSS 123 "Motorcycle Controls and Displays", 9 C.F.R. 571.123 ). (See rule 4501-23-01 of the Administratvie Code for the most recent applicable effective date and for prior effective dates of this federal regulation.)

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 12/8/06

4501-23-15 Audible signaling device.

Every motorized bicycle shall be equipped with at least one audible signaling device capable of giving a signal audible for a distance of at least one hundred feet, activated by pushing a self-returning device located on the left handlebar. Such signaling device shall not consist of a siren or whistle.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-16 Width.

Motorized bicycles shall have a width no greater than thirty-two inches ( 81.28 centimeters).

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-17 Lighting equipment.

All required lighting equipment shall be in compliance with FMVSS 108 "Lamps, Reflective Devices, and Associated Equipment", 49 C.F. R. 571.108. (See rule 4501-23-01 of the Administrative Code for the most recent applicable effective date and for prior effective dates of this federal regulation.)

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 12/8/06

4501-23-18 Headlamp indicator light.

If a multiple beam headlamp is used, a headlamp beam indicator light shall be provided and be in compliance with FMVSS 123 "Motorcycle Controls and Displays", 49 C.F.R. 571.123 . (See rule 4501-23-01 of the Administrative Code for the most recent applicable effective date and for prior effective dates of this federal regulation.)

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 12/8/06

4501-23-19 Assembly by person other than manufacturer.

Nothing in these rules and regulations shall prohibit a person other than a manufacturer from constructing, assembling, or equipping a vehicle so as to conform to the specifications of a motorized bicycle. Such person shall, however, comply with all of the rules contained in Chapter 4501-23 of the Administrative Code to the same extent as is necessary of a manufacturer.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78

4501-23-20 Procedure.

(A) An applicant for a motorized bicycle license shall apply, and be tested in accordance with this chapter.

(B) Upon successful completion of the required tests, the applicant shall take the form provided, indicating such successful completion, to any deputy registrar for the purpose of making application for a motorized bicycle license.

(C) The form provided shall not entitle the holder to any driving privileges, which shall accrue only upon issuance of the motorized bicycle license by the deputy registrar.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-21 Parent must sign.

Each applicant for a motorized bicycle license who is under eighteen years of age shall have the application for such license signed by one of the applicant's parents, guardian, or other person having custody of the applicant.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78

4501-23-22 Satisfactory evidence.

Each applicant under eighteen years of age shall present satisfactory evidence of age at the time of applying for the motorized bicycle license.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78

4501-23-23 Application form.

The application for a motorized bicycle license shall be in the same form and contain the same information as is required on the application for an driver's license issued under Chapter 4507. of the Revised Code.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-24 Motorized bicycle license.

The motorized bicycle license shall be in the same form and contain the same information as is required on a driver's license issued under Chapter 4507. of the Revised Code, except that there shall be conspicuously imprinted on the front of the motorized bicycle license an indication that said license is valid for use only to operate, a motorized bicycle. Such imprint shall read "Motorized Bicycle," or an abbreviation thereof.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-25 Prohibited acts.

(A) No person shall display, or cause or permit to be displayed, or possess any motorized bicycle license, knowing the same to be fictitious, canceled, revoked, suspended or altered.

(B) No person shall lend to a person not entitled thereto, or knowingly permit such other person, to use any motorized bicycle license issued to the person so lending or permitting the use thereof.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78

4501-23-26 Revocation of license.

(A) Any motorized bicycle license obtained by means of fraud, or in contravention of any of the rules contained in Chapter 4501-23 of the Administrative Code, shall be subject to revocation.

(B) The registrar of motor vehicles may suspend or cancel any motorized bicycle license upon determination that such license was obtained unlawfully, issued in error, or has been altered or willfully destroyed.

(C) No person shall fail to surrender to the registrar of motor vehicles, upon his demand, any motorized bicycle license which has been suspended, cancelled, or revoked.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78

4501-23-27 Surrender of license.

A motorized bicycle license shall be surrendered by the holder thereof at the time of issuance of a valid driver's license issued under Chapter 4507. of the Revised Code, a valid commercial driver's license issued under Chapter 4506. of the Revised Code, or any subsequent motorized bicycle license.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-28 Eye test.

A person applying for a motorized bicycle license shall submit to a vision test Such test shall be identical to the vision test administered to applicants for a driver's license issued under Chapter 4507. of the Revised Code, and shall be subject to the same testing, grading, and re-testing requirements as are applicable to driver's license applicants.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-29 Written test.

A person applying for a motorized bicycle license shall submit to a knowledge test . Such test shall be administered in the same manner as the written rules of the road test given to applicants for a driver's license issued under Chapter 4507. of the Revised Code, and shall be subject to the same testing procedure, grading, and retesting procedures as are applicable to driver's license applicants.

Such motorized bicycle test shall consist of a minimum of twenty questions which shall pertain to rules of the road and a minimum of twenty questions which shall pertain to traffic sign identification and recognition. The questions shall be equally weighed, and the applicant must correctly answer seventy-five per cent of said questions in order to attain a passing grade.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02

4501-23-31 Driver education not necessary.

Nothing in these rules shall be construed to require an applicant for a motorized bicycle license to take or provide proof of having taken, a course in driver education.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78

4501-23-32 Possession of license.

The motorized bicycle license, driver's license issued under Chapter 4507. of the Revised Code, or commercial driver's license issued under Chapter 4506. of the Revised Code shall be in the immediate possession of the operator of the motorized bicycle while operating such vehicle.

R.C. 119.032 review dates: 03/16/2011 and 03/09/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4511.521
Rule Amplifies: R.C. 4511.521
Prior Effective Dates: 4/1/78, 5/4/02