Parking Mopeds on Bike Racks and Sidewalks.

Jerome e-mailed me regarding bike racks and mopeds.

Jerome wrote:

As the weather turns warm the bike rack outside my downtown office building is literally teaming with bikes. Lately there have been a couple scooters parked at the bike rack. One typically has a note stuck to it that quotes a law that seems to allow scooters to use bike racks. Today I noticed that the scooter had been ticketed despite the note. Is it legal for scooters to lock to bike racks?

Thanks,

Jerome

While I think scooters in bike lanes are dangerous and illegal, when it comes to parking I actually sympathize with moped users. They tend to have a hard time no matter where they park. If they park in the street they risk theft and car drivers tend to move their mopeds so a car can share the spot, but if they park on a sidewalk they risk being ticketed. There exists a long standing myth among moped users that they are allowed to park on sidewalks, and that any ticket issued for parking on a sidewalk is a mistake.

Part of the misconception about mopeds in Chicago has probably evolved from a misunderstanding of the applicable law. Illinois Law distinguishes between motorcycles and "motorized pedalcycles." See the Illinois Motor Vehicle Code:

(625 ILCS 5/1‑148.2)
Sec. 1‑148.2. Motorized Pedalcycle. A motorized pedalcycle is a motor‑driven cycle whose speed attainable in one mile is 30 mph or less, which is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears.

Further, The Illinois Vehicle Code provides that some bicycle laws (Article 15) apply to Motorized Pedalcycles:

(625 ILCS 5/11‑1403.1)
Sec. 11‑1403.1. Riding on motorized pedalcycles.
(b) The provisions of Article XV shall be applicable to the operation of motorized pedalcycles, except for those provisions which by their nature can have no application to motorized pedalcycles.

What laws are applicable to motorized pedalcycles under article 15? In relevant part:

(625 ILCS 5/11‑1513)
Sec. 11‑1513. Bicycle parking.
(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic‑control device.

According to Illinois law, at first glance it would appear that a vehicle matching the description of a motorized pedalcycle (capable of speeds not in excess of 30mph, not more than 50 cubic centimeters of displacement, 2 hp or less, an no gears) is allowed to park on sidewalks. Unfortunately, this is not the case in the City of Chicago.

Chicago has it's own regulations regarding parking and the definition of motor driven cycles. In fact, in Chicago all vehicles are prohibited from parking on the sidewalk.

The motorized pedalcyclist may feel that they are exempt from this prohibition becuase they do not operate a "vehicle," however, the Chicago Municipal Code prohibition against parking on sidewalks does not distinguish between types of vehicles. It simply defines a "vehicle" as:

9-4-010 Definitions. “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except motorized wheelchairs, devices moved solely by human power, devices used exclusively upon stationary rails or tracks and snowmobiles, as defined in the Snowmobile Registration and Safety Act of Illinois.

According to the Chicago Municipal Code, all "vehicles" are prohibited from parking on sidewalks within the City of Chicago.

9-64-110 Parking prohibited It shall be unlawful to stand or park any vehicle in any of the following places...
(d) On a sidewalk...

Since all mopeds, regardless of their displacement, fall within the definition of a "vehicle," mopeds parked on sidewalks are in violation of the Chicago Municipal Ordinance, and therefore, are subject to being ticketed for that violation. While moped parkers can't be ticketed for a violation of Illinois State Law, they are also subject to the Chicago Municipal Ordinance. State law does not prohibit municipalities from passing their own restrictions on where vehicles may park. To the contrary, the state statute clearly contemplates the right of a local governmental entity to prohibit parking on sidewalks. If you get a ticket for parking your moped on the sidewalk you are probably going to be stuck with a fine or have your moped towed and impounded.