Legal question from PA

    • 467 posts
    August 16, 2011 5:01 AM PDT
    Ran across this issue on my fb and thought I would pose it to you all and see if anyone knows anything that could help:

    "Having a problem here in Pennsylvania. After riding my bike w/trike kit so that my disabled son can ride with me, the PA State Police are saying my bike isn't legal because it has 4 wheels. Two wheels on the bike and 2 on the trike kit. This is all I can afford and it now looks like I won't be riding my bike any time soon. Does anyone know what I can do or how I can get around this? Help please!"

    These are some of the more pertanent responses, but I would like to hear from anyone that might have some better ideas on how she could deal with this:

    according to PennDOT. The PA Vehicle Code specifically describes a motorcycle as having no more than three wheels. Also, a trailer must be towed BEHIND the towing vehicle, not under it, beside it, or straddling it like the Voyager Trike kit. Also, a trailer must have a 17 digit VIN, so it can be titled and registered, which yours does not have. For all these reasons, I could not get my RSV inspected with the Voyager Trike kit on it. Too bad, too because I loved it. I've since gotten rid of it and bought a sidecar setup. ABATE has written and published an article on this, and we have asked our local congressman to help, but so far no luck. If the law does get changed, I'd probably buy another one, but in PA, your rig is currently NOT legally a motorcycle or a trailer, and any motorcycle with one on it can not be inspected legally. I got that straight from PennDOT's Chief Legal Counsel in Harrisburg.

    It is NOT LEGAL in PA! No more than three wheels in contact with the ground unless it meets the safety requirements of a motor VEHICLE, of course, (enclosed cab, steering wheel, 5 MPH bumpers, etc). Any motor CYCLE (including scooters, mopeds, sidecars and trikes) with more than three wheels is not legal in PA, period. Now, bear in mind, that my son and I had ours for almost two years. We were never pulled over for it. However, when I went to get it inspected (required annually in PA), NONE of the local dealers or shops would pass it. One even showed me the bulletin they got from PennDOT (PA's DMV) cautioning them not to pass motor driven cycles (PA's all inclusive term for motorcycles, mopeds, scooters, etc.) with more than three wheels in contact with the ground. As I noted in a previous post, a mechanic (and his shop) can both have their inspection licenses suspended/revoked for disregarding those PennDOT bulletins.

    I don't know if any LEO's would stop a Voyager "Trike" just for being on the vehicle. While I do know more than a few of them, I certainly don't know them all. I'm sure there are some that would. However, the real problem, and the reason I started this thread, is that the bike can't be inspected with the kit on. Where you probably would get stopped is when you don't have a current inspection sticker on it because PennDOT won't allow it to pass. That is where you can, and probably would be stopped and almost certainly cited ($100+ a pop). Also, if you get pulled over more than a certain number of times for it, there is a section in the PA Vehicle Code that allows them to fine you $500+ a pop, for refusing to bring your vehicle into compliance. That could get awfully expensive, which is why I wanted to caution other PA riders who might be considering this option.

    There was legislation introduced in PA earlier this year to ammend the PA code to include bikes with conversion kits to be considered motorcycles. It was referred to the Transportation Committee on 4/27, and has been "tabled" according to the website. I know there were several attempts to tack on other irrelevant stuff to the bill, but don't know how that went. ABATE of PA is keeping an eye on this bill, and DOES support the original writing of the bill. HB 1399!

    Is there anyone out there that knows of a lobbyist group with lawyers that this person could contact directly to either get the new legislation rolling or to get a legal exception?

    Thanks!
    • Moderator
    • 19067 posts
    August 16, 2011 10:21 AM PDT
    Being from PA I am aware that they have some silly archaic vehicle codes. They feel the need to control what goes onto the roads. I wish I knew a legal group to suggest to this rider. Only AMA and ABATE come to mind. Possibly contacting the manufacturer of the conversion could lead to an answer.
    • Moderator
    • 16870 posts
    August 16, 2011 5:18 PM PDT
    The LEO's best get their shit together this is a done deal courtesy of A.B.A.T.E. of Pennsylvania and the state house and our former Governor.
    This was a "rider" on the modification of  wording for "trike" and "trike licensing" (you can take your rider's test on a trike but you are only licensed for a "trike" not two wheels).


    Disabled motorcycle plates also courtesy of A.B.A.T.E. of Pennsylvania and the state house and our former Governor.
    Because some back-woods LEO's were confused over the sticker endorsements on the regular PA MC plates.
    This is first hand info as I was involved in getting support in the PA state house.
    • 467 posts
    August 17, 2011 1:47 AM PDT
    Thank you much Rev! I will pass this on and have her look into it!
  • August 17, 2011 2:50 AM PDT
    Three cheers for the Reverend. Nice job buddy, its bikers like you that keep the roads open for the rest of us riders!!
    • Moderator
    • 16870 posts
    August 17, 2011 4:08 AM PDT
    We have for the most part some of the most reasonable legislators here In the Commonwealth of Pennsylvania these days as far as personal rights go.
    I can't forget to mention former Rep.Teresa Forcier (who is a biker) that still comes to Harrisburg on her Harley to fight for biker's rights, I credit her more than any other for turning the tide and paving the way for the modification of the PA's helmet law in 2003.
    PA. Supreme Court Justice Seamus P. McCaffery (also a biker) was and is a fighting force for bikers rights as well.

    If everybody that rides would join their state "Biker Rights Organization" and VOTE we could all be a force to deal with.
    • 5420 posts
    August 17, 2011 4:37 AM PDT
    Rev, you are too humble. The legislators may be reasonable, but only make these decision because of the information brought to them by people like you and organizations like ABATE, MRF, AMA, etc
    • 467 posts
    August 18, 2011 2:11 AM PDT
    Too true! And it is a lot of work sorting through the bull in those bills to make sure they stay the course!
    Kudos to you!
    • Moderator
    • 19067 posts
    August 18, 2011 2:40 AM PDT
    Absolute Agreement with you Rev. on Judge Seamus McCaffery. He is one helluva great guy. I met him years ago when I was active with Rolling Thunder, PA and Friends of the Forgotten. Then I found out my daughter wrote a newspaper article about him for the liberal 'Philadelphia City Paper.' Even she was impressed with him.
    • Moderator
    • 16870 posts
    August 18, 2011 4:43 AM PDT
    Lucky wrote...
    Rev, you are too humble. The legislators may be reasonable, but only make these decision because of the information brought to them by people like you and organizations like ABATE, MRF, AMA, etc







    What got me started on "biker's rights" was getting poor treatment from the public and cops while in my teens while on a bike.
    Here I was on this olive drab WLA with everything I owned in my dufflebad, my Marine Corps haircut, getting pulled over being called a hippy
    by some donut eating out of shape slob, close to being arrested for doing nothing wrong.
    He sees this chain around my neck and asks "what's that for your peace sign medal", I pulled it out and showed him, my dog tags.
    Oh boy, now things change, I start gettin treated with respect from Buba.
    That was when I started to think this ain't right, not right at all.

    • Moderator
    • 16870 posts
    August 18, 2011 4:53 AM PDT
    RexTheRoadDog wrote...
    Absolute Agreement with you Rev. on Judge Seamus McCaffery. He is one helluva great guy. I met him years ago when I was active with Rolling Thunder, PA and Friends of the Forgotten. Then I found out my daughter wrote a newspaper article about him for the liberal 'Philadelphia City Paper.' Even she was impressed with him.



    I had been involved in politics for a while, but Seamus' was the first campain I was officially part of.

    • Moderator
    • 16870 posts
    August 18, 2011 4:59 AM PDT
    cnciaco wrote...
    Too true! And it is a lot of work sorting through the bull in those bills to make sure they stay the course!
    Kudos to you!



    When a bill starts out it's alone, but as it goes along it picks up "riders", someone will say I'll get you x-amount of votes on the floor if you sneek this or that in.
    The process from getting a bill from author to the govenor's desk is beyound the pale.