Electric bicycle owner makes case to a judge He is fighting citations for riding the motorized bike without a license; he says a license isn’t necessary

 BY JACK MORAN

Published: (Wednesday, Jun 8, 2011 05:01AM)Midnight, June 8

 

SPRINGFIELD — A Springfield man argued vigorously in court on Tuesday that city police officers improperly cited him five times earlier this year for operating an electric-­assisted bicycle while his driver’s license was suspended.

Paul McClain, 41, represented himself during an hourlong trial in Springfield Municipal Court. He previously pleaded not guilty to charges of driving with a suspended license.

McClain — whose driving privileges were revoked more than a decade ago after he was caught driving a car without insurance — contends that state law treats his EWheels-brand electric bike just as it does any bicycle that does not have a motor.

Since a person doesn’t need a license to ride a regular bicycle, McClain says he doesn’t need one to ride his electric-assisted bike.

“My bike is a bike,” McClain said in court.

Police, meanwhile, say that because McClain’s license is suspended, it is illegal for him to ride the bicycle after turning on its motor.

“He is not eligible to be driving it on the streets,” officer Brian Gay said.

A state Driver and Motor Vehicles spokesman said earlier this year that McClain’s case highlights a “legal gray area” that needs to be decided by a judge.

During the trial, a defiant McClain repeatedly accused officers of providing untruthful testimony, and often interrupted them as they spoke.

McClain has a long history of run-ins with Springfield police.

Municipal Court Judge James Strickland remained patient with McClain throughout Tuesday’s proceedings, but finally called for order in the courtroom after McClain angrily accused one of the officers of holding a grudge against him from a previous encounter.

“I have let you ramble, and I have let you shout, but now I’m taking control,” Strickland said firmly. “I don’t want to hold you in contempt (of court).”

Strickland said he will announce a ruling in the case after a separate trial for McClain is held on June 17 in Central Lane Justice Court. That case involves a ticket that a Lane County sheriff’s deputy issued to McClain in April after seeing him ride the electric bicycle without a license.

Oregon law states that an “electric-assisted bicycle shall be considered a bicycle, rather than a motor vehicle ... except when otherwise specifically provided by statute.”

But the law also defines a motor vehicle as anything that is “self-propelled or designed for self-propulsion.”

According to DMV, a person cannot use an electric-assisted bicycle unless they are at least 16 years old and eligible for a driver’s license.

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