[Silly Little Cars] Motorcycle license not required - CVC 12804.9

Mike Aisenfeld maisenfeld at yahoo.com
Fri Jul 31 10:02:37 PDT 2009


They won't read it.  I sent in all the codes highlighted and explained the entire thing.  I also had a cop state it was a motorcycle in a seperate letter.  Sacramento is a black box.  You can't call them or schedule a meeting with them.  They just send you papers back and tell you to fuck off.  I finaly got a title and thn 3 months later got a letter saying they made a mistake and were revoking my title. As far as I'm concerned, I never received that letter.   

Dan, you will get your paperwork back.  It took them 3 months to return mine the first time I sent it all in.  If you get a temp reg, you should not get any tickets.  I'm not sure how you will get the thing out o impound though. We've lost a few art cars that way...including the vegiematic, right.

Simon, I'm insured through State Farm and it's listed as a motorcycle.  

Mike



----- Original Message ----
From: Simon Barber <simon at superduper.net>
To: Silly Little Email List <silly_little_cars at lists.sillylittlecars.com>
Sent: Friday, July 31, 2009 9:57:59 AM
Subject: Re: [Silly Little Cars] Motorcycle license not required - CVC 12804.9

Tell the DMV to look up CVC 400(a):

400. (a) A “motorcycle” is ( )^1 a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground( )^2 .

And the reason it's previously registered as an auto is:

400. (d) A three-wheeled motor vehicle that otherwise meets the requirements of subdivision (a), has a partially or completely enclosed seating area for the driver and passenger, is used by local public agencies for the enforcement of parking control provisions, and is operated at slow speeds on public streets, is not a motorcycle. However, a motor vehicle described in this subdivision shall comply with the applicable sections of this code imposing equipment installation requirements on motorcycles.( )^4

Now - where's the best place to get insurance again? I'm having trouble adding another driver and 2 interceptors to my scooter policy @ Geico.

Simon


Dan Das Mann wrote:
> 
> You must have a lot of time on your hands! Thanks for clarifying for the team... but how do we fix sacramento. They have caused a great deal of trouble.
> 
>> On Jul 31, 2009 9:02 AM, "Simon Barber" <simon at superduper.net <mailto:simon at superduper.net>> wrote:
>> 
>> I wanted to confirm this and did some research - Google turned this up (I read the California vehicle code - this is right):
>> 
>> The confusion begins with how the California Vehicle Code (CVC) defines a motorcycle. CVC Section 400 (a) reads, "a 'motorcycle' is any motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than THREE wheels in contact with the ground...". Because this definition of a motorcycle includes the wording "not more than THREE wheels" most conclude that a M1 endorsement must be required.
>> 
>> If you dig further, CVC Section 12804.9 defines what vehicles can, and cannot be operated with a Class C license. This section specifically states that the operation of a TWO-WHEEL motorcycle or a TWO-WHEEL motor-driven cycle" is prohibited under a Class C license thus requiring an M1 Endorsemement to operate these vehicles. Because CVC Section 12804.9 DOES NOT exclude a "THREE-WHEEL" motorcycle, it can be operated with a Class C license.
>> The last piece of confirmation comes in the section describing the M1 Endorsement in which it states that an M1 endorsement is required to operate "a TWO-WHEEL motorcycle or a motor-driven cycle." It does not state an M1 Endorsement is required to operate a "THREE-WHEEL" motorcycle.
>> 
>> Simon*
>> *
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