Act 972 of l985--Does Sec. l(c) mandate that a motorized bicycle have pedals? ANSWER: No. It amends the definition of motorized bicycle to include any bicycle with an automatic transmission which does not displace more than 50 cubic centimeters. There is no requirement any more of pe

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK June 25, 1985 ATTORNEY GENERAL OPINION NO. 85-157 (501) 371-2007 ~ -—Honerable—John Dawson _ State Representative P.O. Box 336 Camden, AR 71701 . Dear Representative Dawson: This letter is written in response to your request for an opinion regarding Act 972 of 1985. Your question is whether Section 1(c) of this Act mandates or requires that a "motorized bicycle" have pedals. Section l(c) of Act 972 of 1985, compiled at Ark. Stat. Ann. §75-701(c), addresses this issue. Act 972 does not contain an emergency clause and thus does not go into effect until June 28, 1985. Section 701(c) currently reads as follows: - "Motorized bicycle" shall mean every bicycle with fully operative pedals for propulsion by human power, an automatic transmission, and a motor with a cylinder capacity not exceeding 50 cubic centimeters, which provides no more than 2.0 brake horsepower, and is capable of propelling the bicycle at a maximum designed speed of no more than 30 miles per hour on level ground. On June 28 subsection (c) of 75-701 will read as follows: "Motorized bicycie" shall mean every bicycle with an automatic transmission, and a motor which does not displace in excess of 50 cubic centimeters. Under the first definition, for a device to be a motorized bicycle it must have fully operative pedals. Act 972 eliminated that requirement. Under the new definition of “motorized bicycle", any device which has an automatic transmission and a motor that does not displace in excess of 50 cubic centimeters will be classified as a motorized bicycle. The elimination of the requirement of the fully operative pedals indicates an intent on the part of the legislature for that not to be a requirement. Therefore, it is my opinion that a device can be classified as a "motorized bicycle" even though it does not have pedals. A Honorable John Dawson a State Representative Page 2 June 25, 1985 The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Randel Miller. Sincerely, Attorney General SC/RM/pw