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  • XD-GEM

    XD-GEM
    Premium Member
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    7   0   0
    Jun 8, 2008
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    If bicyclists are supposed to follow the same rules of the road as vehicles, then shouldn't they be considered vehicles in the same manner as a motorcycle?
     

    4-14

    treat never keep keep
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    Jun 24, 2012
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    If bicyclists are supposed to follow the same rules of the road as vehicles, then shouldn't they be considered vehicles in the same manner as a motorcycle?
    Bicycles aren't "vehicles" by the legal definition.
     

    WildBillKelso

    Well-Known Member
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    2   0   0
    Jan 12, 2015
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    Northshore/New Orleans
    Bicycles aren't "vehicles" by the legal definition.

    I will have to respectfully correct this incorrect statement. By statute bicycles are considered vehicles and operators of them have all the rights and responsibilities of other public highway users. They also have some other legal protections such as the safe passing laws and the vulnerable road user law.
    Here is a Louisiana government website outlining all of this.
    http://wwwsp.dotd.la.gov/Inside_LaDOTD/Divisions/Multimodal/Highway_Safety/Bicycle_Ped/Pages/La_Bicycle_Laws.aspx
    It is interesting the law about firearms in vehicles pertains to "motor vehicles" so as written does not apply to human powered vehicles like bicycles.
     

    charlie12

    Not a Fed.
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    4   0   0
    Apr 21, 2008
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    Pride
    I will have to respectfully correct this incorrect statement. By statute bicycles are considered vehicles and operators of them have all the rights and responsibilities of other public highway users. They also have some other legal protections such as the safe passing laws and the vulnerable road user law.
    Here is a Louisiana government website outlining all of this.
    http://wwwsp.dotd.la.gov/Inside_LaDOTD/Divisions/Multimodal/Highway_Safety/Bicycle_Ped/Pages/La_Bicycle_Laws.aspx
    It is interesting the law about firearms in vehicles pertains to "motor vehicles" so as written does not apply to human powered vehicles like bicycles.

    So you mean like this in 14:95.2 Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.
     

    nolaradio

    Well-Known Member
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    5   0   0
    Sep 8, 2012
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    Parts unknown
    I don't see a difference in open carry while walking or while riding a bicycle. Who cares if a bicycle is legally considered a vehicle or not. If you are not in a location that prohibits open carry, (like the public streets in my neighborhood) I see nothing wrong with openly carrying while riding a bicycle.
     

    4-14

    treat never keep keep
    Rating - 0%
    0   0   0
    Jun 24, 2012
    135
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    WBR
    I don't see a difference in open carry while walking or while riding a bicycle. Who cares if a bicycle is legally considered a vehicle or not. If you are not in a location that prohibits open carry, (like the public streets in my neighborhood) I see nothing wrong with openly carrying while riding a bicycle.
    because there is a question as to if riding a motorcycle or bicycle is considered IN a vehicle. Because we already know walking in a school zone(actually 1000' of a school) while OC'ing is prohibited. The question is not walking vs riding.
     

    leadslinger972

    *Banned*
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    1   0   0
    Nov 1, 2017
    983
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    St Tammany
    because there is a question as to if riding a motorcycle or bicycle is considered IN a vehicle. Because we already know walking in a school zone(actually 1000' of a school) while OC'ing is prohibited. The question is not walking vs riding.

    If your bicycle is registered with the OMV, then it's a motor vehicle.

    The law is written for those traveling "in" a vehicle.
     

    4-14

    treat never keep keep
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    Jun 24, 2012
    135
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    If your bicycle is registered with the OMV, then it's a motor vehicle.

    The law is written for those traveling "in" a vehicle.
    Not according to 32:1

    (40) "Motor vehicle" means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but excluding a motorized bicycle. "Motor vehicle" shall also include a "low-speed vehicle" which is a four-wheeled, electric-powered vehicle with a maximum speed of not less than twenty miles per hour but not more than twenty-five miles per hour and is equipped with the minimum motor vehicle equipment appropriate for vehicle safety as required in 49 C.F.R. 571.500.

    Bicycle has its own, as well as motorcycle and motorized cycle.

    4) "Bicycle" means every device upon which any person may ride, propelled exclusively by human power, and having one or more wheels.

    (38) "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and excluding a motorized bicycle.


    (41) "Motorized bicycle" means a pedal bicycle which may be propelled by human power or helper motor, or by both, with a motor rated no more than one and one-half brake horsepower, a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which produces a maximum design speed of no more than twenty-five miles per hour on a flat surface.
     

    leadslinger972

    *Banned*
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    1   0   0
    Nov 1, 2017
    983
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    St Tammany
    Not according to 32:1

    (38) "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and excluding a motorized bicycle.

    Reread your own post.

    and no... a bicycle is not a motor vehicle. The fact that it is even in question makes my head hurt.
     
    Last edited:

    leadslinger972

    *Banned*
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    1   0   0
    Nov 1, 2017
    983
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    St Tammany
    Don't even know why I bother.

    Sent from the Bayou Bunker Command Center, Portable Unit #33, FEMA Region 6.

    Registering a bicycle was sarcasm.

    A motorcycle is a motor vehicle. If you get frustrated consulting the fine folk of Bayoushooter, perhaps you should consult someone more qualified, such as an attorney.
     

    nolaradio

    Well-Known Member
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    5   0   0
    Sep 8, 2012
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    Parts unknown
    Registering a bicycle was sarcasm.

    A motorcycle is a motor vehicle. If you get frustrated consulting the fine folk of Bayoushooter, perhaps you should consult someone more qualified, such as an attorney.
    I think you may be right.

    Sent from the Bayou Bunker Command Center, Portable Unit #33, FEMA Region 6.
     
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