Texas Lawmakers 'Classifies' the Electric Unicycle

[andrew900nyc]

2 hours ago, Santos said:

so because EUC’s are not classified this is grounds for dismissing tickets in court?

 

In NYC, because one-wheeled vehicles of any sort weren't (and I believe still aren't) classified in the code, this was indeed grounds for dismissing the ticket in court. 

 

[andrew900nyc]

39 minutes ago, ShanesPlanet said:

THIS is why I hope to play in the 'shadows' until the legal system is forced to turn the lights on. I dont think I'd taunt anyone to test the theory, but without express legal code, theres a good chance you'll get to play and play. Just be mindfull that there are TONS of ways obscure laws can be interpreted. Being a danger or nuisance is definitely a blanket that could catch you, if you aint acting right.

I agree with you 100% on all of your points. Also, just so my positions are clear, I do support the police and I generally obey most laws. Sure I may speed once in a while when driving my car and I don't adhere to all the traffic laws when riding my EUC or bicycle in NYC, but that's because the vast majority of NYC cops don't enforce the laws for riders of bicycles and personal transportation vehicles, such as EUC's and eScooters. The only reason I didn't treat the cop with respect who stopped me on my unicycle is because he seemed to clearly have it out for me and treated me unnecessarily harshly and rudely right from the very beginning. After the tickets were dismissed, I was tempted to make some snide remark to the cop on my way out of the court room, but I said to myself, "Andrew, you won the case, don't be an idiot and let your big mouth screw things up" and I just kept my trap shut. 

[.....]

1 hour ago, andrew900nyc said:

After the tickets were dismissed, I was tempted to make some snide remark to the cop on my way out of the court room, but I said to myself, "Andrew, you won the case, don't be an idiot and let your big mouth screw things up" and I just kept my trap shut. 

Trust me,  judges aren't shy about throwing you in jail for 30 days for contempt of court. EVEN AFTER your case is dismissed. Lets just say I'd bet my enitre euc collection on it. Of course, SOME jails have books and decent food, so....

A little tip... Don't tell a judge to "speak up, sit up and be heard". If you request the same respect from him as he does of you... you're in for a treat!

Edited May 6, 2021 by ShanesPlanet

[Hangman]

While I am excited about the efforts made at the state level & the enthusiasm involved, I also agree with @andrew900nyc

On 5/5/2021 at 12:56 PM, andrew900nyc said:

be careful what you wish for (and/or try to obtain)!

Looking at @Ombre's post regarding the AZ law currently on the books,

On 4/18/2017 at 2:39 PM, Ombre said:

The legal wording in Arizona changed very slightly.  This section of the law:

20. "Electric personal assistive mobility device" means a self-balancing two nontandem wheeled device with an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less and that is designed to transport only one person.

was modified to say "a self‑balancing device with one wheel or two nontandem wheeled device ..."

It is describing a "... device with an electric propulsion system that LIMITS the maximum speed of the device to fifteen miles per hour ...".

Bringing attention to the EUC will also bring the recognition that most performing EUC's are at least 15mph.  The InMotion V8 is classified at 18mph.

So I am now presuming the next law will be anything over that speed needs to be licensed & insured?.

How much attention do you want to bring?

We are reaching moped speeds with the Veteran Sherman, The InMotion V12, Begode RS.  And depending on the type of attention brought:

will determine the licensing or outlawing of the EUC.

[Santos]

16 hours ago, ShanesPlanet said:

THIS is why I hope to play in the 'shadows' until the legal system is forced to turn the lights on. I dont think I'd taunt anyone to test the theory, but without express legal code, theres a good chance you'll get to play and play. Just be mindfull that there are TONS of ways obscure laws can be interpreted. Being a danger or nuisance is definitely a blanket that could catch you, if you aint acting right.

Playing in the shadows it is then!

[RoninMD]

On 3/14/2017 at 5:58 PM, Michael Vu said:

This is actually my doing. I've been talking and working directly with my representative and his team for the past couple of months. But I've only been talking about it within dbfrese's thread on his efforts in Arizona. I will definitely keep everyone on here up to date on the process especially when/if I get to ride inside the Texas State Capitol. 

This is a bad idea.  You were better off letting EUCs be unregulated.  As long as you are being a responsible rider and not run into joggers, you can do whatever you want on an EUC.  The average driver thinks that only cars should be on the road.  However, the right to travel is absolute until you waive that right by agreeing to be regulated.  You are basically losing a right in exchange for privileges that can be taken away.

Thompson v.Smith, 154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329, page 1135 “The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business.” –

Thompson vs. Smith, supra.; Teche Lines vs. Danforth, Miss., 12 S.2d 784 “… the right of the citizen to drive on a public street with freedom from police interference… is a fundamental constitutional right” -White, 97 Cal.App.3d.141, 158 Cal.Rptr. 562, 566-67 (1979) “citizens have a right to drive upon the public streets of the District of Columbia or any other city absent a constitutionally sound reason for limiting their access.”

You lose these rights when EUCs are branded a danger to the public.

[RoninMD]

It doesn't matter if you are a lawful person, if you get their attention, Cops can ticket you for anything even on false charges.

Asking a legislator to classify an electric unicycle under the vehicle code is a bad idea.  
You have the freedom to travel in the United States on an unregulated vehicle class because the state chooses to not regulate it.

Think of it this way.  You don't need to register a horse or have a driver's license to ride it on the road.  Where are you going to put a registration sticker on a horse?  Sure it's a bad idea if the horse is skittish but if there is no other safer option for traveling then a horse can use the road.   

However, there's no way for the cops to ticket you and expect to win in court since you aren't "driving" or "operating a motor vehicle" nor do you have your driver's license on you, all you have is your U.S. Passport Card for ID.  You don't need a "driver's license" because you aren't "driving".   You are traveling in Texas on a horse.  This is cowboy country after all is said and done.

"Driving" is a commercial venture where you are transporting persons and property in return for money. 
You applied for the Driver's license so that the state has a way to tax you because you gave your address in the application.
There is no address on the U.S. Passport Card because you have a right to be anywhere in the U.S.

On A EUC, you are a rider not a "driver". 
The EUC is a personal device that cannot be used for "driving" because there is no way to add passengers to the vehicle.

Why ask them to take away a freedom that you already enjoy because you are worried about getting ticketed? 

Remember they can ticket you on false charges if they wanted to.  If they do ticket you and you can prove the charges were false, fight it in the courts, tell the judge that the cop was operating in bad faith and add a countersuit.  Win some money by taking it out of the officer's paycheck.  Make them pay for overreaching their authority.  If you think the officer has immunity, then make sure you keep a record of the time this cop wasted on you then sue them in small claims court.  You can charge the police under their personal name... charge them for taking your time.  My going rate is 75 dollars an hour.

Another thing is... where are you going to put the license plate on an EUC?

I'm a motorcycle rider myself and there not many places on my motorcycle where I can put a plate.  Imagine a unicycle with no free space.  Adding a plate to your unicycle would interfere with the safe operation of the EUC.

Edited April 15 by RoninMD

[MetricUSA]

The best way to classify electric unicycle is with class 3 electric e-bikes!!! Which also means you're restricted to under 40 km/h... Safety in speed for everyone ...