St. Louis Requires Kiddie Flags on Some 49cc Scooters
NOTE: I’ve revised the headline and the last paragraph since first posting a few hours ago.
Last year the City’s Board of Aldermen passed a new ordinance which is raising some red flags. Well, actually, red or orange flags. Before I get to the latest issue I need to give you some background.
During my campaign last year the issue of the annoying micro bikes came up. At a public meeting attended by Aldermen Dorothy Kirner, Schmid and Ortmann the particulars of the 2001 scooter law sponsored by the late Ald. Daniel Kirner as to how they relate to the new breed of miniature motorcycles.
On February 19, 2005 I pointed out, on my campaign site, that the city’s law regarding these toys had become obsolete (see report). Basically the 2001 law outlawed the motorized skateboard type scooters on city streets but did not address any sort of sit down type micro bike (see ordinance).
At that meeting a year ago Ald. Ortmann was one of the people that thought the 2001 covered these micro bikes. Apparently he set to work to correct the situation by introducing Board Bill #24 for a first reading on April 29, 2005.
Here is some text from the final ordinance which took affect on June 6, 2005:
17.02.315 Motorized bicycle.
“Motorized bicycle” shall mean any two- or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground, except those devices used by persons with disabilities for the purpose of mobility.
17.18.060 Equipment for motorcycle or motorized bicycle riders.
B. No person shall operate or ride upon a motorized bicycle unless such motorized bicycle is equipped with a red or orange flag measuring not less than twelve inches by twelve inches. Such flag shall extend not less than forty-eight inches in height above that portion of the seat occupied by the operator.
Yes, the law says I need to have a 12×12 flag at least 48 inches above the seat of my 49cc scooter (aka motorized bicycle). Like I’m going to do that.
In reviewing the history of the legislation it appears the flag language was not in the original bill, nor was it in a committee substitute. The flag language arrived in the form of a ‘floor substitute” which most likely means a last minute amendment on the floor of the Board of Aldermen.
So we now have the 2001 ordinance defining “motorized scooters” as the stand-up stake board type and an ordinance which defines motorized bicycles (a revision of an earlier ordinance which is too old to be online) that requires tall red flags. As someone that often gets on and off the scooter by throwing my leg over the week I’d find the flag a nuisance and a potential safety hazard. Like my bicycle, the riding position is quite upright and is highly visible.
I bought my 49cc Honda Metropolitan scooter on September 4th, 2005. It is generally believed among scooterists in Missouri that a 49cc scooter like mine or a Vespa does not require registration (plates), a motorcycle license or liability insurance. This is a bit of a gray area as various laws talk about engine displacement, transmission types, attainable speed, and total horsepower. Very similar scooters can vary on these criteria.
My scooter is not registered and I do not carry any liability insurance for it. I do, however, have a motorcycle permit and intent to take a motorcycle safety course which will get me my motorcycle license. I will not be installing a square foot flag above the seat height.
One thing I will do, help organize the local scooter groups that are understandably upset about this issue. I will also contact the local dealers and national manufacturers.
UPDATE 3/2/06 @ 8:30pm:
When writing this post earlier today I looked up the specs for my Honda Metropolitan scooter online. Honda’s website does not list the HP for my model. When I got home I found the information listed on the Manufacturer’s Certificate of Origin: 4.3HP. So, per the ordinance definition my scooter is not a motorized bicycle as the HP is greater than 3.
So now I am wondering if the City of St. Louis considers my scooter a motorcycle and all that goes with it — motorcycle license, license plates, insurance, etc.. I’m also curious if St. Louis’ definitions are similar to those in neighboring municipalities, St. Louis County and the state of Missouri.
I also feel like I’m going to need to carry a copy of the ordinance and my proof of HP with me as I scoot. I tell you, getting 85+ MPG is getting complicated.
– Steve