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Are bicycles "motor vehicles"

JmE

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Just to be clear... I do not need to have my CHL on me when I OC on my bicycle?
IANAL! However, as long as it is in the open and you aren't in/on a motor vehicle and not in a prohibited place then... yep. The Amish and Mennonite have guns, NOT in the open, in their buggies on occasion and I've never seen them harassed. BUT IDK how a particular officer might percieve you open carrying on a bicycle. They've messed with bicycle and moped riders about non-firearm things because officers figured it must be a motor vehicle.


ETA: I need to read the concealed carry laws and check if they say VEHICLE or MOTOR VEHICLE. If it is the latter then OC should be OK in the open on a bicycle. If it is the former then it would be a NO-go.

ETA: I'm not finding what I'm looking for. Has the concept that carrying in a motor vehicle or a vehicle as concealed carry been a matter of case law or is there a specific prohibition somewhere. I can't remember and don't want to chase my tail. Anyone?

ETA: R.C. 2923.16, Improperly handling firearms in a motor vehicle, states motor vehicle. If that is where it all comes from then a bicycle is NOT a motor vehicle so as long as it is in the open then OC should be good. Again, IANAL.

(LOL, it even states in parts, "in or ON a motor vehicle", like I wrote. :D )

http://codes.ohio.gov/orc/2923.16

2923.16 [Effective Until 3/27/2013] Improperly handling firearms in a motor vehicle.

(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.

(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.
(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
...
http://codes.ohio.gov/orc/2923.16

2923.16 [Effective 3/27/2013] Improperly handling firearms in a motor vehicle

(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.

(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.
(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
...

ETA: Couple that with what I posted earlier in the thread. A motor vehicle does not include bicycles. Bicycles are vehicles.

http://codes.ohio.gov/orc/4501.01

4501.01 [Effective Until 1/1/2017] Motor vehicles definitions.

As used in this chapter and Chapters 4503., 4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the Revised Code, and in the penal laws, except as otherwise provided:

(A) “Vehicles” means everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.

(B) “Motor vehicle” means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. “Motor vehicle” does not include utility vehicles as defined in division (VV) of this section, motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.
 
Last edited:

JmE

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As a side note; notice how the government exempts itself in R.C. 4501.01 with "'Vehicles' means everything on wheels... but does not mean... vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions." Grrrrrr!

I guess I don't need a CHL if I'm riding in a cop car or fire vehicle... ;)
 

JmE

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My dyslexia is seriously kicking in badly tonight. (Really.)

Switch former and latter in
JmE said:
ETA: I need to read the concealed carry laws and check if they say VEHICLE or MOTOR VEHICLE. If it is the latter then OC should be OK in the open on a bicycle. If it is the former then it would be a NO-go.
so that it becomes
ETA: I need to read the concealed carry laws and check if they say VEHICLE or MOTOR VEHICLE. If it is the former then OC should be OK in the open on a bicycle. If it is the latter then it would be a NO-go.
Sorry. :(
 

joanie

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I always thought a bicycle had to observe the same rules (stop signs, lights signaling ect) as a motor vehicle (car, truck ect) However, At night, a police stopped me on the road and ordered me to break the law and ride on the sidewalk. When I told him I was tring to abide by the traffic rules, he said that cars have headlights and my bike didn't. Of corse I didn't argue the fact that this is the way the bike came from the factory, with reflectors to be seen by cars, because at the time I couldn't afford to be arrested (had a job) Now, I would and stay on the road. I would like to see how the cop's order to break the law would hold up in court.

Far as guns on bicycles. I would think the peddaling would proove uncomfortable if you were on the bike for very long. I seen a video on Youtube where a motorcycle was pulled over for firearm carry. The biker/camper and cop was arguing back and forth. went on for what seemed like forever, don't remember the turnout.
 

Hareuhal

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A bicycle does not have a motor and is excluded for motor vehicle firearm carry laws.

Sent from my SCH-I605 using Tapatalk 2
 

color of law

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I think this speaks for itself.

4511.56 Bicycle signal devices.

(A) Every bicycle when in use at the times specified in section 4513.03 of the Revised Code, shall be equipped with the following:

(1) A lamp mounted on the front of either the bicycle or the operator that shall emit a white light visible from a distance of at least five hundred feet to the front and three hundred feet to the sides. A generator-powered lamp that emits light only when the bicycle is moving may be used to meet this requirement.

(2) A red reflector on the rear that shall be visible from all distances from one hundred feet to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle;

(3) A lamp emitting either flashing or steady red light visible from a distance of five hundred feet to the rear shall be used in addition to the red reflector. If the red lamp performs as a reflector in that it is visible as specified in division (A)(2) of this section, the red lamp may serve as the reflector and a separate reflector is not required.

(B) Additional lamps and reflectors may be used in addition to those required under division (A) of this section, except that red lamps and red reflectors shall not be used on the front of the bicycle and white lamps and white reflectors shall not be used on the rear of the bicycle.
(C) A bicycle may be equipped with a device capable of giving an audible signal, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.

(D) Every bicycle shall be equipped with an adequate brake when used on a street or highway.

(E) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

Effective Date: 01-01-2004; 09-21-2006

ALSO

http://cycle-safety.com/OH-Law-Enforcement-booklet.pdf#page=2&zoom=auto,22,0
 

RT48

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Nov 6, 2007
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236
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Cuyahoga County, Ohio
I always thought a bicycle had to observe the same rules (stop signs, lights signaling ect) as a motor vehicle (car, truck ect) However, At night, a police stopped me on the road and ordered me to break the law and ride on the sidewalk. When I told him I was tring to abide by the traffic rules, he said that cars have headlights and my bike didn't. Of corse I didn't argue the fact that this is the way the bike came from the factory, with reflectors to be seen by cars, because at the time I couldn't afford to be arrested (had a job) Now, I would and stay on the road. I would like to see how the cop's order to break the law would hold up in court.

If you ride at night, get some lights for your bike. I do everything possible to make myself seen by the motorists: I have lights front and back plus I have put reflective tape on the frame. Being hit by a car is not fun. I got clobbered once in broad daylight. The one memory that sticks out in my mind is when one EMS guy tilted my gurney sideways while the other held a bucket so I could throw up a stomach full of blood as we were en route to the hospital.

Far as guns on bicycles. I would think the peddaling would proove uncomfortable if you were on the bike for very long. I seen a video on Youtube where a motorcycle was pulled over for firearm carry. The biker/camper and cop was arguing back and forth. went on for what seemed like forever, don't remember the turnout.

I ride 2000 miles a year and I don't even notice that I have my S&W 642 IWB. Not the least bit uncomfortable.
 

joanie

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Mar 27, 2013
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If you ride at night, get some lights for your bike. I do everything possible to make myself seen by the motorists: I have lights front and back plus I have put reflective tape on the frame. Being hit by a car is not fun. I got clobbered once in broad daylight. The one memory that sticks out in my mind is when one EMS guy tilted my gurney sideways while the other held a bucket so I could throw up a stomach full of blood as we were en route to the hospital.

I love riding at night, less traffic and where I choose to ride, hardly no traffic. Grove City has bike trails like you wouldn't believe, I spend at least half my riding time on them and parks. I have 3 bicycles and they all have a front, rear deflector and reflectors on the wheels. 2 of the bikes came new from Walmart, one (my loaner bike) from a yard sale. I put big comfortable seats on all of them because I have been known to spend a whole day riding. The little seats that come on them really discourage alot of use. Driving my car, I have no problem seeing the reflectors on bikes, they seem to do well without lighting myself up like a christmas tree.

I ride 2000 miles a year and I don't even notice that I have my S&W 642 IWB. Not the least bit uncomfortable.

I had to look that one up in my book. It's almost like my Taurus 85UL, except mine has the exposed hammer. I tried inside the pocket, and inside the wastband, didn't care for it. Not comfortable for me walking, not sure about on a bike. I guess I need to get a belt holster for that one if I decide to use it on the walk in Youngstown.
 
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