Justice is blind... really!

 
 

Ok, so people sometimes ask if I’ve stopped because, well, if you were a police officer, wouldn’t you?  It hasn’t happened yet to me, but Margaret was arrested in Chicago (she lapses into French in her journal sometimes, and arrested apparently means stopped).


So here’s the bits and pieces of the Illinois Vehicle Code that pertain to the Twike that I’ll eventually printout, laminate and have ready to turn over to the interested officer should that day ever come.


What type of vehicle exactly is a Twike legally???


  1. It’s a chopper, baby!


  3. Across the US, the Twike is considered a motorcycle, with a Trike (3-wheel) body style -- think of those Honda Goldwings or Harley’s where they chop off the rear wheel and replace it with two



  6. Twike 433 is registered with the Illinois Secretary of State as a Class M motorcycle:


  8. (625 ILCS 5/1‑147) (from Ch. 95 1/2, par. 1‑147)

  9.     Sec. 1‑147. Motorcycle.

  10.     Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, but excluding a tractor.

  11. (Source: P.A. 80‑262.)


  13. It COULD be registered as a Class L, I just wasn’t sure about the displacement, and so went for the biggest class per the Illinois Motorcycle Operator’s Manual (PDF).  Looking at the actual Legislation that reads including motorized pedalcycles might’ve given me a clue.  But it wasn’t included in the ILMOM definition of Class L (page 2).  Oh well.


  15.  (625 ILCS 5/1‑145.001) (from Ch. 95 1/2, par. 1‑148)

  16.     Sec. 1‑145.001. Motor driven cycle. Every motorcycle and every motor scooter with less than 150 cubic centimeter piston displacement including motorized pedalcycles.

  17. (Source: P.A. 90‑89, eff. 1‑1‑98.)



  20. In the end, it doesn’t really matter, as I have a J11 restricted motorcycle license because I tested in the Twike (ILMOM, page 39):


  1. To accommodate applicants whose vehicles have more than two wheels (i.e., sidecar, trike) but are registered as motorcycles, the ALMOST test will be modified by waiving certain driving exercises. If you test on a three-wheeled vehicle, a J-11 restriction (three-wheeled motorcycle only) will be added until completion of a two-wheeled test.


After waiting at the Champaign SOS/Driver services office for about 2 hours (their computers were down that day), and getting a blank stare from the civil servant behind the counter when I pointed to page 39 and said “I need that,” the gal that gave me the test was quite nice.  She took into account that the Twike has a 3.5m turning radius and that you can’t see the front wheel (a lot of the tests have to do with avoiding painted lines with the front wheel, or stopping with the front wheel in a painted ‘box’ or making a turn within the painted box.  Apparently there’s a lot of discretion on the part of the testor, so as with most things in life, it pays to be nice, even after 3 hours.


But it gets better -- through the compilation of several laws, I should be able to get an Electric Motorcycle plate, which registers for $18 a year instead of the $75 or so:


  1. First we establish that a motorcycle is indeed a First Division vehicle:


  1. 625 ILCS 5/1‑146 (from Ch. 95 1/2, par. 1‑146)

  2.     Sec. 1‑146. Motor vehicle. Every vehicle which is self‑propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs. For this Act, motor vehicles are divided into two divisions:

  3.     First Division: Those motor vehicles which are designed for the carrying of not more than 10 persons.


  1. (the previous definition of motorcycle falls under 625 ILCS 5/1-146).  Then we find that the legislature has ordered the Sec of State to issue distinctive plates for electric vehicles:


  3. 625 ILCS 5/3‑412 (from Ch. 95 1/2, par. 3‑412)

  4.     Sec. 3‑412. Registration plates and registration stickers to be furnished by the Secretary of State.

  5.     (h) The Secretary of State shall issue distinctive registration plates for electric vehicles.


  1. Then we hit the motherlode -- $18 max registration fee:


  1. (625 ILCS 5/3‑805) (from Ch. 95 1/2, par. 3‑805)

  2.     Sec. 3‑805. Electric vehicles. The owner of a motor vehicle of the first division propelled by an electric engine and not utilizing motor fuel, may register such vehicle for a fee not to exceed $35 for a 2‑year registration period. The Secretary may, in his discretion, prescribe that electric vehicle registration plates be issued for an indefinite term, such term to correspond to the term of registration plates issued generally, as provided in Section 3‑414.1. In no event may the registration fee for electric vehicles exceed $18 per registration year.

  3. (Source: P.A. 91‑37, eff. 7‑1‑99.)


So, by the transitive theory of geometry (if A=B=C) I should be within my rights to request an electric motorcycle plate.  So I did, and Jesse’s people said “No”.  Time to e-mail my State Reps, but for now a motorcycle plate is worth over $300 more to me than the $60 or so a year I’d save with an Electric Vehicle plate... due to the next section:


A staff/faculty vehicle parking space at the University of Illinois costs $400 a year


And it most likely won’t be right next to your building.  So you can go private parking for between $400-600 a year.


At the time I started researching the Twike, University Administration had commissioned a ‘Peer Review’ (where they compare the parking rates at Illinois with her peer group -- other Big Ten Universities located in places like Chicago) and found that we were at the bottom of the pile, and so anticipated raising rates “gradually” to between $700-900 a year. 


They’ve since suspended this plan, and the Civil Service Union has won the right in court to include parking fees in salary negotiations.  The University has admirably changed this to a sliding scale based on a percentage of your salary, however caps it at $40 a month (so if you’re making around 60k, there’s no break). However this still doesn’t mean that you’ll get to park anywhere near your building as there is a waiting list for car lots.


Note that the plan is merely suspended, not cancelled, and the percentage is not guaranteed to change.  One might question why it’s capped at $40 a month -- the rationale is that this was the rate before the Union negotiated, (and those making the big bucks usually have a parking space either negotiated in their contract or their department has one or two which they can use).


On the other hand, a University Motorcycle lot sticker costs $32 a year


And there’s a lot about 50 feet from where I work.


That’s never been greater than 1/3 full in the almost 3 years I’ve been observing it. 


  2. Which makes sense -- late spring, summer and early fall are prime motorcycling season, and that coincides when the students aren’t here.  Further, I’m the only ‘bike’ there in the winter, and the guys at F&S who shovel the sidewalks have been very kind to clear out one spot for me when I asked.


And as a bonus you can park anywhere on campus where there’s a green-on-white ‘Motorcycle Parking Permitted’


  1. This actually comes in handy as I often use the Twike to perform my job, as our units are spread out all over campus.  The campus map is pretty hard to read and figure out where things are at.  I’m working on a GoogleMaps bicycling map with a forward-thinking gal at F&S, and hopefully I’ll make a Motorcycle Parking Map as well.


Further, on campus the City of Champaign motorcycle meters cost 25 cents an hour, as opposed to a car at 75 cents for a car, but you might as well park in the U of I lots, as they’re never full and never monitored.  I do proudly display my current motorcycle parking permit though.


Extractions from  The University of Illinois Parking Regulations (link to PDF)


  1. II. Definitions

  2. F. Motor Vehicle: Any vehicle licensed as an automobile, taxicab, recreational

  3. vehicle, or truck having a gross weight not exceeding 8,000 pounds.

  4. G. Motorcycle: Any vehicle licensed as a motorcycle, motor-driven cycle, or moped.


  6. V. Parking of Motor Vehicles and Motorcycles on University Parking Facilities 

  7. A. General Principles 

  8. 5. Vehicles must be parked entirely within the boundaries of the parking space.

  9. 10. Motorcycles shall be parked in University facilities specifically

  10. designated by signs stating "Motorcycle Parking Permitted."


So, if the state says it’s a motorcycle, then the U of I says it “shall be parked in Motorcycle Parking.  Rumor has it that this ruling came about because folks who had car spots in covered deck parking wanted to park their bikes there in the summer.  Makes sense.  F&S/Parking sees that as a safety hazard though, ergo the strong wording on where Motorcycles shall be parked.  Silly rule, yet once again in my favor.


Of partial concern is University Parking Regulation V.A.5 -- vehicles must be parked entirely within the boundaries of the parking space.  The Twike measures L:8 W:4 H:4  And the typical University Motorcycle parking spot is about 3.5 feet wide by 7 feet long.  I have determined that V.A.5 does not apply to the Twike (or motorcycles in general) due to the following observations:


  1. 1.  By Statue:  In every instance in the University Parking Regulations where a regulation applies to a motorcycle, it is specifically includes the word ‘motorcycle’.  As this regulation does not include the word motorcycle, it does not apply.  Further, the term ‘vehicle’ as defined in II.F Motor Vehicle specifically excludes motorcycles, as they are defined in the next section, II.G

  2. 2.  By Feasibility:  The University’s motorcycle parking spots are currently striped at a 1960’s motorcycle width, wide enough for the Beach Boy’s ‘Lil Honda, but not Grandpa’s Goldwing.  Therefore the majority of ‘normal’ two-wheeled motorcycles are double parked.

  3. 3. By Current Standards: The City of Champaign and Urbana have realized that bikes are bigger now-a-days, and stripe 5-foot parking spots, ample room for Der Twike.

  4. 4.  By Statute:  V.A.6 states that posted information takes precedence, and the painted stripes on the ground are indeed ‘posted information’. There are several spots that are striped 5-6’ wide (usually on the ends) presumably because they couldn’t be subdivided into the standard lot size.  There are also sections without any striping whatsoever (newly poured concrete). 


So no matter how big your bike is, you can legally put it in Motorcycle parking.  Would love to see an Aptera try though ;-)


And that is why I have a Class M plate and not an EV plate.  I shall not be denied though -- I will have my EM (electric motorcycle) plate -- I rarely ever take ‘No’ for the first answer ;-)


Illinois State Law on Children on Motorcycles


        From State Trooper Sgt. Randy L. Ness’ Blog (Suburban Chicao News June 2006)


  1. Illinois traffic laws currently do not prohibit children from riding on a motorcycle with adults. Motorcycles are specifically exempted by both the Seat Belt and Child Passenger Safety laws. The only requirements by law are:


  3. •That all drivers and passengers wear protective glasses or a shield,

  4. •That the motorcycle must have a seat designed for a passenger and be otherwise equipped (usually footpegs)

  5. •That the driver and passenger must ride while sitting astride the seat (one leg on each side of the bike) not side-saddle.


  7. The only charge that comes to mind is "Child Endangerment" --720 ILCS 5/12-21.6 This is a misdemeanor except upon a second or subsequent violation. Realistically, you would have to specifically detail how he was "willfully causing or permitting the life or health of a child under age 18 to be endangered or to willfully cause or permit a child to be placed in circumstances that endanger the child's life or health”


Helmet Law


  1. There is no helmet law in Illinois currently, even for children.  This is insane, but it does mean you don’t need a helmet in the Twike.  Also, because the Twike is fully faired, you don’t need glasses/eye-protection.  I recommend sunglasses and a hat though.


Seatbelts/Car-seats

  1. (625 ILCS 5/12‑603.1) (from Ch. 95 1/2, par. 12‑603.1)

  2.     Sec. 12‑603.1. Driver and passenger required to use safety belts, exceptions and penalty."

  3. (a)Each driver and front seat passenger of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat safety belt; except that, a child less than 8 years of age shall be protected as required pursuant to the Child Passenger Protection Act... [Child Passenger Protection Act denotes Car Seat usage.  The rest of paragraph (a) has be snipped for brevity -- hey, I do try!]

  4. (b) Paragraph (a) shall not apply to any of the following:

  5. 6.A motorcycle or motor driven cycle.

  6. 7.A motorized pedalcycle.

  7. 8.A motor vehicle which is not required to be equipped with seat safety belts under federal law.



 

Legal Issues... your mileage may vary...