What we are doing is about people. I have looked for a way to give people options in transportation.

"I was in a café and the person behind the counter asked me if I had any mo-peds for sale. He only had like $400 to spend," Bosma said. "I didn't have anything, but it started this whole thought process." He began to wonder how to provide an affordable option for people without cars who disliked having to rely on public transportation but didn't think bikes were feasible as a primary way to get around the city.

Arizona Daily Star

Tucson, Arizona | Published: 09.26.2005

All of the reasons seem to be staring us right in the face as to why alternative forms of transportation are necessary in Tucson. Our city is sprawled out. Desert living is too hot to commute by pedal bicycle. The average commuter is out of shape and will most likely drive a car to where they need to go when the majority of trips they take are probably only going to be in their immediate neighborhoods. I find, that when we ride motorized bicycles, my friends and I will ride to where we need to get to, the grocery store, school, work, the bank, all the usual places. And after about 2 weeks time, we will look down into the little gas tank mounted on the frame and be amazed that we have just traveled 75 miles on a dollar fifty worth of gas. Our lives, in the end, aren't really all that big. So why must our cars be? 150 mile per gallon motorized bicycles mean something. Electric bicycles and tricycles that travel 20 miles on a dimes worth of electricity mean something. Oil and energy consumption is at its highest point in world history. Scientists believe that in 2010 our world will have hit its 'peak' for the availablity of crude oil. Meaning that after 2010 there will just be this long unbearable dwindling of our worlds favorite energy supply with a dramatic spike in gas prices. I heard yesterday that gas is at $4 a gallon in Ohio.

If our nation and our society were to take steps to 'power down' away from a large energy consumption market, we would have huge problems politically, socially, and economically. If our nation and our society are to think of creative solutions for how to get from point a to point b with this new mindset, alternative forms of transportation will have to be considered.

Well guess what?

Tucson sits at the world stage with the homegrown presence of Spooky Tooth Cycles. Never before in american history, has a community seen such a strong presence of an efficient and practical form of alternative transportation on such a large scale. Hundreds of people in our community depend on motorized bicycles. Many folks have already made the switch, dropping their high-priced cars and deciding to ride a bike to work. Off the top of my head, I can name at least 30 friends who ride motorized bicycle as their only form of transportation. Spooky Tooth motorized bikes are safe with heavy duty tires, heavy duty inner tubes, all new components, and modern front and rear brakes mandatory on all bicycles coming out of our shop. Spooky Tooth bikes will not be able to exceed 20 mph when they leave our shop doors. At least 2 mechanics must go over every nut and bolt to ensure quality control on a new bike. Spooky Tooth Cycles has made a name for itself nationally, being recognized for our professional build quality, extreme attention to detail, and hand-crafted workmanship.

So why is such a viable and thoughtful invention, that benefits our community in so many ways, being persecuted by local law enforcement?  Why then have riders had to endure vehicle impoundments, hefty fines of $1500, vindictive harassment by police, as well as the thought of a possible outright ban in Tucson? These concerns are among a long list of hardships that our riders face. The current fuss locally stems from the actions taken by the Arizona legislator when House Bill 2796 was signed into law. HB 2796 defines in statute that motorized electric and gas powered bicycles and tricycles are legal on the road without license insurance or registration when operated up to 20 mph. 20 mph seems to be a magic number that draws the line between what is considered a motor vehicle and what is not. The line of logic at the D.O.T. is that normal pedal bicyclists do not normally exceed 20mph, therefore vehicles with pedals that do not exceed 20mph are simply to be considered bicycles. It would also be unsafe for slow moving vehicles under 20mph to be driving along with larger faster cars and trucks in direct lanes of traffic.

http://www.nhtsa.dot.gov/cars/rules/import/FAQ%20Site/pages/page3.html#Anchor-59217

HB 2796 is a wonderful solution to our problems. The Motor Vehicle Division has long recognized that motorized gas and electric bicycles are not motor vehicles and basically are just bicycles. Yet, certain police officers seem to think that motorized bicycles are mopeds. ARS 28-2153 defines a moped as a bicycle with a helper motor, up to 50cc engine displacement, and up to 25 mph. It would seem that we are driving mopeds according to statute. But, the important distinction will be made when we see that motor vehicle division will not register or license a vehicle that is not above 49cc or does not travel faster than 20 mph. So we are in a Catch-22, MVD says that they are legal to ride in the bike lane without registration, but the police officers seem to want them in the lanes of traffic with faster motor vehicles. We want to stay away from the definitions and restrictions of the term "motor vehicle", which is why HB 2796 has been so helpful.

 Here is a list of incidents that we have faced in recent months relating to citations, impounds, and harrassement by police officers, along with court decisions in favor and against motorized bicycles. This is given to you to help understand the struggles and challenges that our rider's face on a daily basis just to go about living their lives. Please be aware that we are doing all we can legally to stop police officers and get an injunction from their reckless over-use and misapplication of Title 28. On a federal level, these are "consumer goods", not "motor vehicles". Almost 100% percent of the ticketing has been conducted by 4 motorcycle patrol officers, Officer Davis, Officer Bonnie, Officer Gonzalez, and Officer Brunell.

• In total, 26 citations have been written against motorized bicycle riders. The standard ticket is for what we call "The Big 3", no license, no insurance, and no registration of a moped. These citations total $1256 if found responsible.
• 10 citations have been dismissed and rider's found not responsible for driving a "motor vehicle". The Big 3 charges dropped.
• 9 citations have have stuck in court and riders were found responsible for the Big 3.
• 6 bicycles have been impounded, 2 of these cases won, 2 cases lost, and 2 cases are still pending.
• On June 17, 2006 Officer Bonnie pulls over 4 riders in one day and writes 3 citations.
• On May 23, 2006 Officer Davis cites Rulon McRae for operating a motor vehicle in the bike lane. In fact, Rulon McRae was sitting at a stop light in the bicycle lane with his motorized bicycle engine off. This case was dismissed.
• On May 2, 2006 Officer Brunell cites and impounds the motorized bicycle of 62 year old medically disabled grandmother Mrs. Lynn Millard. She was operating the motorized bicycle in the bike lane at 20 mph. This case was dismissed.
• On March15, 2006 Officer Lopez with Pima County Sherriff's department pulls over Ms. Reina Pineda and cites her for the Big 3. Three days after this incident, for 2 days in a row Officer Lopez appears outside of Reina Pineda's place of business and waits for several hours for her to get off of work. According to Ms. Pineda, Officer Lopez was watching her to see if she was riding the bicycle. This case was dismissed.
• In June, 2006 Officer Davis pulled over and cited John A. Karle with the Big 3. His court case was dismissed and he was found not responsible for driving a motor vehicle. What is interesting is what happened after the officer pulled him over. Here is a copy of an email that he sent to me:      

Roland, 
Thanks for the email…. I am going to court on the 29th of this month..
My phone number is 520-250-xxxx.  The officer that ticketed me showed up at
my work last friday….. saw my bike in the front of the store… i was out
somewhere else and he asked another employee about it, they told him it
wasn't thiers and he still harassed them about it to the point where they
felt very uncomfortable with him in the store. So i'm looking at filing a
harassment suit against him personally.

• On 7-24-06, Wayne R. Thomas Jr. was cited by officer Gonzalez for the Big 3. On 7-25-06, Mr. Thomas was again cited for no license, insurance, or registration by Officer Bonnie. Officer Bonnie as well impounded his bicycle, lied by writing on the citation that Mr. Thomas was driving at 28mph, and wrote Mr. Thomas another citation for operating a motorized play vehicle within city limits (city ordinance 20-300). Firstly, Mr. Thomas had been to my shop several days before the incident irately complaining about the lack of speed and power in his bicycle, saying that he "could run faster than the bicycle". Mr. Thomas claims that he was only driving at 10 mph when Officer Bonnie pulled him over. Second, if Officer Bonnie, has the sense to call a motorized bicycle a play vehicle, then he also has the sense to know that play vehicles are not motor vehicles which is why a restrictive city ordinance was placed on them. How can Officer Bonnie cite a bicylist for both being a motor vehicle and not being a motor vehicle and impound the vehicle all at the same time? This case is still pending.

*Note: Tucson Play Vehicle ordinance 20-300 does not relate to motorized bicycles because they do not fall under the city's definition of being "self-propelled". Motorized bicycles gas and electric cannot be started without the use of pedals, therefore they are human powered as well as self-propelled. This will be an important distinction to make in the future when police can not think of anything else to ticket us for.

• On 8-3-06 Officer Bonnie appeared in court to argue a case against motorized bicyclist George Doe. Officer Bonnie explained to the judge that the vehicle in question was a motorized bicycle with a 48cc engine and was traveling at 20 mph when stopped. He then, in a bold faced lie, told the judge that there is another manufacturer of motorized bicycles on the 5900 block of E. Glenn who sells his 48cc motorized bicycles with license plates and vehicle registration, and that I, Roland Bosma, could be doing the same thing if I wanted to. Needing to look into this matter further, I spoke with Motor Vehicle Division Director John Carleson and MVD Policy/Rules Analyst John Lindley at the Motor Vehicle Division Director's Office. Everyone at MVD seems to be in complete agreement that there is no possible way that a 48cc motorized bicycle will or has ever been licensed as a motor vehicle in the state of Arizona.
• Lt. Mike Pryor states, "in most cases the police encounter gas-powered bikes traveling 30 mph to 35 mph, a figure enthusiasts dispute, saying speeds are more like 20 mph."  The Arizona Daily Star published July 13, 2006. None of the citations issued by TPD, except for the cae of Wayne R. Thomas mentioned above, have noted rider speed being any higher than 25 mph. I challenge Lt. Pryor's statement.

Tucson must work together to solve these issues. Please hear our story and remember that Spooky Tooth motorized gas and electric bicycles and tricycles are used currently by hundreds of people in Tucson as their sole means of transportation. Don't let class issues interfere with the free use of our shared bicycle lanes.

Roland Bosma
Spooky Tooth Cycles, LLC