SOOO technically a honda express is not a moped, because it has no pedals?? is this true?? i am in MT and i do not have a license at the time so i have been riding my '77 EXPRESS around quite a bit, it seems to be quite a grey area in the STATE DMV LAWS. I know that it does not need to be registered or insured because it is under 50 cc, but i am thinking now that because it does not have pedals that i may actually need a license!?!?!!?! which sorta scares me, cause if i get pulled over, that could be very bad, however i have passed several cops and have not been nabbed yet, i also carry a copy of the state code along with me JUST IN CASE, and i think if the officer is any kind of a human at all he/she will understand and sympathize with me a little in my interpretation of the state law concerning, motor vehicles, mopeds, and bicycles!!! in fact i even called the MT HWY PATROL a few times and i got 2 different officers to tell me that i didnt need a license to ride it, after much discussion and explanation, HOWEVER i do think they thought it had pedals, like a traditional moped!!!! here is the code regarding a definition of a bicycle, which is my BIGGEST argument, no license needed for a bicycle right!?!?!?! what do you guys think...
61-1-123. Bicycle. "Bicycle" means:
(1) every vehicle propelled solely by human power upon which any person may ride, having two tandem wheels and a seat height of more than 25 inches from the ground when the seat is raised to its highest position, except scooters and similar devices; or
(2) every vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion and an independent power source providing a maximum of 2 brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement may not exceed 3.05 cubic inches (50 centimeters) regardless of the number of chambers in the power source. The power source must not be capable of propelling the device, unassisted, at a speed exceeding 30 miles an hour (48.28 kilometers an hour) on a level surface. The device must be equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the drive system is engaged.
..... it does clearly state that foot pedals are required, but that is imediatly followed by IF a combustion engine is used...etc etc... and the express clearly meets ALLLL the other requirements!?!?!?! i guess i just need to get the new PUCH running so i dont need to worry about this little problem!!!!!!!