Legal Question in Traffic Law in New Jersey

Electric bicycle (personal assistive mobility device) 39:4-14-10,

i purchased an electric bicycle back on 9/12/04 from pepboys auto store. I paid $500.00 for it,there was no necessary paperwork for pep boys to provide me related to titling or registering it, as was stated it wasn't a moped (motorized bicycle).That's why i purchased it knowing that it would be considered a bicycle. I use it to get back and forth from work.There is no engine, no noise that comes from it and no emissions.

I was recently stopped riding it in haddon heights township by the police and was issued a ticket -39:4-14-3 unregistered vehicle. I didn't understand why, they said it was a motorized bicycle (moped) and i disagree with that. They stated in the state of n.J. It needed to be registered, but to get it registered it would have to be classified as a

moped (motorized bicycle).I checked with other townships around me and they said the opposite, it would not have to be registered, it was considered a bicycle. I know different townships have different rules, but this is a n.J. State motor vehicle law, as to be registered or not.

I just went to court and i lost and had to pay a stiff fine and was told to get it registered at motor vehicles. I disagree with the courts decision because it does


Asked on 12/14/04, 1:19 pm

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Electric bicycle (personal assistive mobility device) 39:4-14-10,

My advice would be to go to DMV within 19 days of the date you were sentenced to try and register this electric bike,and if they register it then you are out of luck. But if they won't register it because it is not a motorized vehicle under the law, then get that in writing from them and file an appeal on your conviction within twenty days of being convicted. Anything after twenty days and you are out of luck for filing an appeal. Honestly, I couldn't find anything under the law covering this, so doing things in the practical manner I suggested above seems to be the way to resolve this. If you have any questions about this please feel free to give me a call at 908-272-0111. There is never any charge for simply talking about a case with me.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 12/14/04, 1:45 pm

Re: Electric bicycle (personal assistive mobility device) 39:4-14-10,

When you go to court, assume you have to prove your innocence. It shouldn't be that way, but that's what you shold do to be safe. --- BE PREPARED!

Write or e-mail MVS/DMV, explain your situation, and ask for an explaination as to weather you need to registed the electric bike or not. Ask them to please cite the statutes and/or regulations in their letter.

Send a copy of your letter to Pep Boys Legal Department, and tell them you expect them to give all relevent information to each purchaser of any gas or electric vehicle they sell. Tell them you would appreciate their assistance so you do not need to file suit for being mis-lead, if Haddon Heights is correct. Ask them why you were told you do not need to register the electric bike, and the basis for them telling you that. This way if NJ MVS isn't helpful (1/2 of them are idiots), perhaps you will get what you need from Pep Boys.

In the mean time, you can pay the fines, and try to get them back later, ask for a payment plan so you don't pay th ewhole thing now, or ask them their proceedure for a "Motion for Reconsideration", which should delay when you have to pay any fines, and hopefully beat the 'conviction'.

Could not find the mailing address - call and ask for it, or e-mail them.

[email protected]

1-800-pepboys (737-2697).

Good luck. Isn't NJ great...

Kevin J. Begley

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Answered on 12/14/04, 2:01 pm


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