Yes Lakewoodites Can Ride Quadcycles In The Street-For Now

[Jim O'Bryan]

In a letter sent out by Councilman Ryan Nowlin this afternoon was not just the ruling from
Municipal Judge Patrick Carroll, but the back channel conversations. I applaud Councilman
Nowlin on releasing this, as it can only serve to educate everyone, on how City Hall works,
and hopefully in the end make all of us better residents and citizens.

It follows...

PLEASE POST

The Public Safety Committee will meet Monday, February 4, 2013 at 5:45 PM in the Jury Room of Lakewood City Hall, 12650 Detroit Avenue, Lakewood, Ohio. The following items will be discussed.

1) Municipal Court decision regarding quadricycles


Ryan Nowlin, Chair

David Anderson, Shawn Juris; Members

PUBLIC SAFETY COMMITTEE


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INCLUDEPICTURE "http://www.rhoadescar.com/factsheet/4w4p-2.jpg" \* MERGEFORMATINET

Rhoades Car 4-wheel bicycle. The CycleCar Series features the classic styling that put Rhoades Car 4-wheel bicycles on the map and is still a favorite among Rhoades Car enthusiasts all over the world. They especially enjoy the stability of a 4-wheel bicycle while getting exercise and getting to where they need to go. It goes everywhere a normal 2- wheel bicycle is allowed. Available in 1-person, 2-person and 4-person models.

Standard features include 2” jig-welded steel construction, bicycle-style handlebars, 1-speed gearing, molded seat, disc brake and your choice of black mag or heavy duty chrome spoke wheels. But you don’t have to stop there, oh no. You can add as many additional options as you like (see available options for this series below).
This is the answer for family fun - our 4-wheel bicycle built for four people! You may never take the car out again after you have experienced this ride. There's nothing like reconnecting with friends or family on a 4-passenger bike engineered with your comfort in mind. The two in the front do the pedaling (independent of each other), and the two in the rear enjoy the ride. This baby is available with 42 speeds for easy pedaling, so don't worry about those hills.

Feedback:
Craig:
Rhoades Car models follow the general bicycle laws in the USA just like 2 and 3 wheel “bikes”. Every once in a while we hear about a unique situation where a local police department or officer issues a ticket. Recently an Ohio city police department issued a citation for riding a “toy” vehicle on the city street. Obviously a Rhoades Car is not a toy. A local bicycle group got behind it and sent a letter to the police chief who has not yet responded. The bike club was very supportive.
Then the deputy chief of the Mercer County Sheriff’s department sent us this final analysis proving that Rhoades Cars are considered bicycles and not motor vehicles:


---------------------

From: Gery Thobe
Date: November 19, 2012 10:23:44 AM EST
To: 'Lori Rohrer' 
Cc: Jeff Grey
Subject: RE: Rhoades Cars
Lori,
I just heard back from the State Patrol, they consider the Rhoades Cars bicycles, and cannot be licensed for use on the road. So I think we are all on board with that response. They will have to follow the normal laws for bikes on the road. Hope this helps!
Chief Deputy Sheriff
Mercer County Sheriff's Office
4835 State Route 29
Celina, Ohio 45822
419-586-7724


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So, while there are a few very isolated instances of overreaction by police departments, they can usually be worked out as in Ohio.
Here is the letter from the bike club of Cleveland. They did an exceptional job with their case:

Timothy J. Malley, Chief of Police
Lakewood City Hall
12650 Detroit Avenue
Lakewood, Ohio 44107
November 26th, 2012
Dear Chief Malley:
On behalf of hundreds of members of Bike Cleveland, a nonprofit cycling organization, I am 
writing regarding the September 26th ticketing of a Lakewood cyclist Dominic Latessa. As you
know, Mr. Latessa was cited for obstructing traffic for traveling with his autistic child in his selfpropelled four-wheel bicycle. We believe the ticketing is misplaced.
The Rhoads Bicycle Is a street vehicle, as it is not a vehicle designed for play. The Ohio
Revised Code, as well as federal regulations, contrast bicycles for on-road travel, with bicycles
designed for “play.” Lakewood ordinance 311.03 follows the Ohio Revised Code in
distinguishing that “a tricycle designed solely for use as play” would not be suitable for on-street
travel, but would be directed to the sidewalk, if available. By contrast, the Rhoads Bike pedaled
by Mr. Latessa is larger than any definition for a bike designed for play and the suggestion that it
should be used on sidewalks would pose distinct safety risks for pedestrians.

The Rhoads Bicycle was operating in accordance with its capability. Non-combustion engine
four wheel vehicles, such as horse- drawn carriages and buggies, are already recognized as road
vehicles. It would be inconsistent to assert that in Ohio, a person riding a human-powered
vehicle is not guilty of obstructing traffic if the device has two or three wheels, but is guilty
under the very same circumstances with four wheels. The individual facts and circumstances are
the basis of the obstruction, not the vehicle’s number of wheels. The Ohio Legislature
acknowledges the importance of the type of vehicle when evaluating the potential for traffic
obstruction:

In a case involving a violation of this section, the trier of fact, in determining whether the
vehicle was being operated at an unreasonably slow speed, shall consider the capabilities
of the vehicle and its operator. Ohio Revised Code §4511.22 ( C ).

The Ohio legislature has determined that liability is influenced by the unique facts and
circumstances of the situation, such as whether the vehicle was traveling at a lower, but expected rate of speed, given the capability of the vehicle an operator.
The Rhoads Bicycle is narrower than two bicycles traveling side-by-side, which is permitted
under Ohio Law. Ohio law recognizes that bicycle riders (or motorcycle operators) are
permitted to travel two abreast, a width wider than this five feet wide Rhoads Bicycle. The risk
asserted for the Rhoads Bicycle is a risk that has already been evaluated by the Ohio legislature
and discarded.

With self-propelled personal Segway vehicles, electrical assist bicycles, electric wheelchairs and
others, a variety of hybrids are emerging. While many of these vehicles may not correspond with
older legislative definitions, they offer important transportation options for Ohio residents. Ohio
taxpayers are entitled to make these choices, based on their individual desires and requirements,
including the desire of providing the thrill of open road transportation for a child with special
needs and his caring father.

Bike Cleveland is one year old non-profit organization, dedicated to safety and creating
opportunities for cyclists. In the event you have questions, comments or require additional
information, please do not hesitate to contact us.
Sincerely,

Jacob VanSickle, Executive Director
Sincerely,
1939 W.


---------------------

We are a BICYCLE in the state of OH and follow standard bicycle laws per the local and state patrol! 

 From: Gery Thobe
Date: November 19, 2012 10:23:44 AM EST
 To: 'Lori Rohrer'
Cc: Jeff Grey
Subject: RE: Rhoades Cars

 Lori,

 I just heard back from the State Patrol, they consider the Rhoades Cars bicycles, and can not be licensed for use on the road. So I think we are all on board with that response. They will have to follow the normal laws for bikes on the road. Hope this helps!

 
 Gery Thobe
 Chief Deputy Sheriff
 Mercer County Sheriff's Office
 4835 State Route 29
 Celina, Ohio 45822
 419-586-7724

 
---------------------

From: Lori Rohrer
Sent: Thursday, October 25, 2012 11:35 PM
 To: Gery Thobe
 Subject: Re: Rhoades Cars
 

 Thank so much. I appreciate your help.
 
---------------------

On Oct 24, 2012, at 9:41 AM, Gery Thobe wrote:
 I’m going to do some further checking, but as of now, I don’t believe there is a classification for the 4 wheel motorized bicycles, which could lead them to be classified as a under speed vehicle. I am assuming they will eventually fall under the classification of a motorized bicycle, and will have to follow normal laws for bicycles. However, I need to check further with the State regarding how they intend to classify them if they run across one now. I don’t want the issue of me telling you how we would handle it, and then having the State Patrol handle it in a different manner. I will let you know as soon as I hear back from the State.

 

 Gery Thobe
 Chief Deputy Sheriff
 Mercer County Sheriff's Office
 4835 State Route 29
 Celina, Ohio 45822
 419-586-7724
 

 email at HYPERLINK "mailto:gery.thobe@mercercountysheriff.org" gery.thobe@mercercountysheriff.org 
 
 
 From: Lori Rohrer [mailto: HYPERLINK "mailto:lorirohrer@yahoo.com" lorirohrer@yahoo.com]
 Sent: Tuesday, October 23, 2012 9:27 PM
 To: Gery Thobe
 Subject: Fwd: Rhoades Cars

 Begin forwarded message:

 From: "Holly Skinner"
Date: October 23, 2012 11:29:07 AM EDT
 To: "'Lori Rohrer'" 
 "'Lisa Cunningham'"
Subject: RE: Rhoades Cars

 I’ve checked with Chris regarding your inquiry below for the sheriff’s office. The cubic centimeters and the brake horsepower are measurements for a gasoline engine, which we don’t offer. We run on an electric motor, and it’s a 24vt, 38amp, 1 horsepower, 750 watts, shaft driven motor. It will not take the bicycle over 20 mph – you would be very lucky to get 15 to 18 mph at the very top speed on a level surface. I’ve taken a picture of the motor specs that are on the side of our motor units – please see attached.
 
 Sounds like he is most likely correct in guessing that there are no laws in OH that deal directly with products such as ours.

 Holly Skinner

 Direct Phone: (615) 590.0303 | Fax: (615) 590.0307
 Toll-free: (800) 531.2737 | Email: holly@rhoadescar.com
 
---------------------

From: Lori Rohrer
 Sent: Tuesday, October 23, 2012 9:44 AM
 Subject: Fw: Rhoades Cars
 
 Please advise as I had questioned the sheriff's dept in this matter.
 

 ----- Forwarded Message -----
 From: Gery Thobe 
 Cc: Jeff Grey
 Sent: Tuesday, October 23, 2012 8:11 AM
 Subject: Rhoades Cars

 Mrs. Rohrer,

 Sheriff Grey has asked me to look into the matter of the Rhoades Car bikes in reference to your dealership. It’s my understanding you have questions regarding if Ohio law considers it a bike or a motorized vehicle. I will quote you the Ohio Revised Code sections that I believe maybe applicable. This is from Ohio Revised Code Section 4511.01
 
 “Motor Vehicle” means every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, road rollers……..
 
 “Motorized Bicycles” means any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear, that is capable of being pedaled and is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than 20 miles per hour on a level surface. 

 If I had to guess, I’d assume the confusion comes from the fact that this vehicle has four wheels, which does not fit inside the definition of a bicycle. Also, I’d need to know the engine size in cubic centimeters as well as the brake horsepower. If you can tell me these last two items, I will certainly see if the state has any regulations regarding them. It is quite possible that technology has advanced quicker than our laws, and there are no laws dealing with the matter at all. However, I will check with the State and see what I can do to help clarify the matter for you.

 Gery Thobe
 Chief Deputy Sheriff
 Mercer County Sheriff's Office
 4835 State Route 29
 Celina, Ohio 45822
 419-586-7724
 
 
Jacob VanSickle, Executive Director
Bike Cleveland
1939 W. 25th St, Suite 200
Cleveland, OH 44113
Phone: 216-BIKE-101 (216-245-3101)

Support a bike-friendly Greater Cleveland by becoming a member of Bike Cleveland today.


---------------------

From: Holly Skinner
Sent: Monday, November 19, 2012 2:43 PM
To: bill@rhoadescar.com
Cc: 'Lisa Cunningham'
Subject: FW: Rhoades Cars
We are a BICYCLE in the state of OH and follow standard bicycle laws per the local and state patrol!

Begin forwarded message:
From: "Holly Skinner" 
Date: October 23, 2012 11:29:07 AM EDT
To: "'Lori Rohrer'"
Cc: Lisa Cunningham' chris@rhoadescar.com>
Subject: RE: Rhoades Cars

From: Lori Rohrer
Sent: Tuesday, October 23, 2012 9:44 AM
To: holly@rhoadescar.com
Subject: Fw: Rhoades Cars

Please advise as I had questioned the sherriff's dept in this matter.
I received this response from the Ohio bike lawyer and wanted to pass it on.

From: Steven Magas [mailto:bikelawyer@me.com] 
Sent: Wednesday, October 31, 2012 9:16 PM
To: Bill Pomakoy
Subject: Re: Rhoades Car

Thanks for the f/up. Yes, I got some thoughts from the OBF Board… ALL felt you should "win" this argument, but none had any thoughts on how to get around the statutory language… It is crystal clear that not only is this no "toy" but it is a serious self-propelled piece of machinery. One argument would be that there is no definition of "toy" in the code - there is NO case law which defines toy or which says this type of vehicle cannot be used on the roadway. The argument is that words which are not defined in the code must be given their ordinary meaning.

TOY 
Noun:
1. An object for a child to play with, typically a model or miniature replica of something.

Your device is clearly NOT a toy in any way shape or form… that's the point I would hammer home - this is a serious mobility device… not a child's plaything… these laws are designed to keep kids from driving Big Wheels down Main Street… If you look at the rest of the laws in this section of the Lakewood Ordinances, most relate to KIDS playing - 311.01 prohibits putting stuff on the road that creates danger, but 311.02- covers PLAYING in the street - 311.03 - Toys, 311.031 covers helmets and such for kids under 18 the law does not divide the world of devices into only two categories, "toys" and "bicycles" - in this day and age there are many human powered devices which are used for transportation - from Segways to carbon fiber racing wheelchairs - I think a smart judge will NOT declare this to be a 'toy'-

Wish I had better "Stuff" but the lack of case law may help you here… you are free to make arguments to the court which are outside of any case law…

SM
Steven M. Magas [0009131]
The Bike Lawyer

The Magas Firm
7733 Beechmont Ave., Suite 210
Cincinnati, OH 45255

513.484.BIKE [2453]
FAX - 888-797-7097

"Protecting the rights of those who ride…"


---------------------

On Oct 31, 2012, at 5:17 PM, Bill Pomakoy wrote:
Steven:
Have you had any feedback from anyone since we last exchanged emails? I know you were working on a case and I didn’t want to bother you too soon.
I just got a call from a Cleveland Plain Dealer reporter named John Horton who does a Road Rant column. Seems like a nice guy. He said he went to court yesterday to see how the case was handled. I had suggested that they ask for a continuance but apparently they chose to go to court and plead their case.
According to the reporter, the judge (Judge Patrick Carol) said that he knew what a bike was and he knew what a car was but that this didn’t fit either category. He then said that he wanted to research it a bit before making a ruling and that’s where it stands.
I would be interested to hear how you and/or any of your bicycle/legal peers feel about it.
I appreciate any feedback you can offer.

Bill Pomakoy | President
 Phone: (615) 590.0303 | Fax: (615) 590.0307
Toll-free: (800) 531.2737

---------------------

From: Steven Magas
Sent: Wednesday, October 24, 2012 11:49 AM
To: Bill Pomakoy
Subject: Re: From the Ohio Bike Lawyer website

Thank you for your very interesting note, and for tracking me down. As you can see, defining a "bicycle" vs. some other sort of hybrid vehicle is difficult - the Ohio definitions were recently amended, by a trike rider with some gumption - he read the law, figured out that his Catrike was not included in the definition, wrote to his state senator and got it added… all without the OBF even KNOWING about it…

I am going to pass this along to the OBF Board for their review… I am in the middle of a bigger project right now but will try to get back to this later today or this evening… feel free to email me to f/up later. If I get anything from the other OBF Board members, I'll pass that along as well… we have a couple other lawyers and some folks who study the bike codes around the country…

Thanks for tracking me down… this seems like a ridiculous ticket to me… I think some PR by the Autism groups, local cycling clubs and the like may be another "non-legal" but very powerful angle to pursue… I think if they list you as an expert witness for any trial on the ticket that would also be a good thing - it may take the City of Lakewood changing its code to get something done… but getting ready with some witnesses to try the case is a good idea…

GREAT products, btw… wow!

Steven M. Magas [0009131]
The Bike Lawyer

The Magas Firm
7733 Beechmont Ave., Suite 210
Cincinnati, OH 45255


"Protecting the rights of those who ride…"


---------------------

On Oct 24, 2012, at 12:30 PM, Bill Pomakoy wrote:
Steve:
I have been researching bicycle laws in Ohio and came across your information and website. I am hoping you can give me some advice.

I am the owner of Rhoades Car. We manufacture 4-wheel quadracycles (still referred to as 4-wheel “bicycles” by the masses) and have been manufacturing them since 1991. I purchased the company in early 2010 from the estate of the original owner, David Rhoades. We are a Made in the USA company, one of the few remaining in the bicycle industry. Our quads are shipped all over the country and some internationally.

A Rhoades Car owner in Lakewood Ohio has a used 2-person Rhoades Car Cycle Car that he uses to ride his 11 year old disabled son to school. His son loves this special means of transportation as you’ll see below. The father recently received a citation from the Lakewood, Ohio police department. The ticket he received cites a violation of ordinance 311.03 which is specifically about Toy Vehicles in the street and geared toward children’s 3 wheel toys. A 4-wheel Rhoades Car quadracycle of course is not a toy PLUS he uses it for legitimate personal transportation.
Here is the original email I received from the grandmother:

“I have a 35 year old son who has an 11 year old boy with autism. My son weights 135 lbs, and his son weights 85 lbs. They live in Lakewood, Ohio. During the summer my son likes to take his son for bike rides. His son is getting too old for riding on the back of a regular bike, he has a 3 wheel bike, but there is no room for the son, and he can't put him on the tantum bike because he is afraid he will fall off. So he purchased a used rhoades bike. The rhoades bike is a 4 wheel bike that seats 2 in the front (2 bucket seats) with 2 sets of peddles. The child likes it because he can peddle so he thinks he is doing the driving and he is comfortable and safe in it and he will never be capable of riding any other kind of bike. His wife works and goes to school, and she has the car. His only means of transportation for himself, his autistic son and his 3 year old daughter is the quadricycle that can hold 4 people. He would ride it on the sidewalk if they would allow it. . Any way, Lakewood gave him a ticket and called it a toy, and said it was not allowed on the street. The ordinance in Lakewood says only 2 and 3 wheels are allowed on the street. They do not allow skateboards (which has 4 wheels). Any help or suggestions from you would be greatly appreciated.”

We also received the following email from the executive director of LEAP related to the same matter:
“I work for a Center for Independent Living. We received an inquiry from a parent who said her son got a ticket for driving a Rhoades car in Lakewood Ohio. He uses it to take his 11 yr. old son with a disability to school. Do you know what the Ohio law says re: Rhoades cars? Or if state law trumps city ordinances? Thanks.”

Melanie Hogan, Executive Director
Linking Employment, Abilities and Potential (LEAP)
2545 Lorain Ave., Cleveland, OH 44113, 216.696.2716
“This is from LEAP organization associated with Autism. I am hoping the Mayor at least lets him ride the bike on the sidewalk. If you have any correspondence to add, please let me know and I will give you a fax number that you can send it to. Thanks again for your help.
I just got off the phone with Mayor Summers from Lakewood. His main concern with the bike is its size (it is the width of a small car) and is not street safe. The feeling is that the bike is slower and takes up a lane of traffic and holds up cars going the speed limit which is a safety issue. He is open to suggestions and would be glad to talk with you. His number is 529-6600.”

I cut and pasted the Title 45 descriptions below from your website, Steve. Unfortunately the law does not specifically mention 4 wheel “bicycle” transportation, just 2 and 3 wheel “bicycles”. As I’m sure you know, 4-wheel quadracycles have been in existence since the mid 1800’s so it’s not like it’s something new
I read that you are on the board of directors of the Ohio Bicycling Federation and you have a great deal of legal experience on bicycling matters in Ohio. I asked the family if they had a lawyer to go with the son to traffic court in a few days and they said they couldn’t afford one. Can you offer any advice on how they should proceed?

Any initial advice you can offer is much appreciated. Thank you, Steve.

Bill Pomakoy | President
Phone: (615) 590.0303 | Fax: (615) 590.0307
Toll-free: (800) 531.2737
Follow us online at: "http://www.facebook.com/pages/Rhoades-Car

What is the status of the ticket at this point?
Do you have a lawyer?
Has anything been filed for the court to review? If so, can you send me a copy?
Who is you State Representative? State Senator?

The "toy" section that the citation arose from should be easy to beat - this is NOT a "toy" under any sense of the definition. One argument is to use the normal definition of a "toy" from any standard dictionary and argue that this thing is clearly not a "toy" -

however, the device is not a "bicycle" either, as that is currently defined. Is that the be all and end all? Not necessarily.

4511.01 says this
(A) “Vehicles” means everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.

(K) “Bicycle” means every device, other than a tricycle that is designed solely for use as a play vehicle by a child, that is propelled solely by human power upon which any person may ride, and that has two tandem wheels, or one wheel in front and two wheels in the rear, or two wheels in the front and one wheel in the rear, any of which is more than fourteen inches in diameter.

4511.01 says this
(A) “Vehicle” means every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that “vehicle” does not include any motorized wheelchair, any electric personal assistive mobility device, any device that is moved by power collected from overhead electric trolley wires or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power.

(G) “Bicycle” means every device, other than a tricycle designed solely for use as a play vehicle by a child, propelled solely by human power upon which any person may ride having two tandem wheels, or one wheel in the front and two wheels in the rear, or two wheels in the front and one wheel in the rear, any of which is more than fourteen inches in diameter.

The Bicycle definition was revised a few years ago to add 3-wheeled devices. It was revised through the efforts of one guy - Bracy Elton - who now sits on the Ohio Bicycle Federation Board of Trustees - Bracy is a PhD engineering type who rides a "Catrike" - a high end 3-wheeled trike. He realized his particular device was not technically covered by the then definition of "bicycle" so he spoke to his personal State Rep and got a change introduced into the legislature, and passed, very quickly and quietly - those of us who monitor this stuff for the OBF never even knew about it! THAT is definitely one approach we can take with your situation.

Question from Florida
Maria asked: My husband just brought home a two-seater four wheel bicycle and we would like to know if we can ride it on the streets of Miami, Florida. I have searched for local ordinances and have found nothing on this type of bike. After looking at the internet, I find that they are called “surrey” and a manufacturer that I contacted told me you can drive them just like a regular bike. Could you shed some light on this topic?
Answer
The following is the statutory definition of a bicycle.
s. 316.003 – Definitions
(2) Bicycle – Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.
The statute that applies covers all human-powered vehicles, even if they are not legally defined as bicycles.
(75) Vehicle – Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
The Bicycle Regulations state that the operator of a human powered vehicle has the same rights and duties as other drivers. The most basic right is to use the roadways, which are intended for vehicles.
s. 316.2065 – Bicycle Regulations
Every person propelling a vehicle by human power has all of (1) the rights and all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application.

From Wikipedia, the free encyclopedia
Jump to: HYPERLINK "http://en.wikipedia.org/wiki/Rhoades_Car" \l "mw-head" navigation, HYPERLINK "http://en.wikipedia.org/wiki/Rhoades_Car" \l "p-search" search
Rhoades Car
HYPERLINK "http://en.wikipedia.org/wiki/File:FinalLogoOutlines_copy.jpg" INCLUDEPICTURE "http://upload.wikimedia.org/wikipedia/commons/thumb/7/79/FinalLogoOutlines_copy.jpg/250px-FinalLogoOutlines_copy.jpg" \* MERGEFORMATINET
HYPERLINK "http://en.wikipedia.org/wiki/Types_of_business_entity" \o "Types of business entity" Type
Private company
Industry
Cycle manufacturing
Founded
1992
Founder(s)David Rhoades, President 1992-2009 HYPERLINK "http://en.wikipedia.org/wiki/Rhoades_Car" \l "cite_note-RhoadesHist-1" [1]
Headquarters HYPERLINK "http://en.wikipedia.org/wiki/Hendersonville,_Tennessee" \o "Hendersonville, Tennessee" Hendersonville, Tennessee, HYPERLINK "http://en.wikipedia.org/wiki/United_States" \o "United States" United States
Key peopleBill Pomakoy, President/CEO HYPERLINK "http://en.wikipedia.org/wiki/Rhoades_Car" \l "cite_note-RhoadesHist-1" [1]
Products HYPERLINK "http://en.wikipedia.org/wiki/Quadracycle" \o "Quadracycle" Quadracycles
HYPERLINK "http://en.wikipedia.org/wiki/Holding_company" \o "Holding company" Parent HYPERLINK "http://en.wikipedia.org/w/index.php?title=Rhoades_National_Corporation&action=edit&redlink=1" \o "Rhoades National Corporation (page does not exist)" Rhoades National Corporation
Website HYPERLINK "http://www.rhoadescar.com" www.rhoadescar.com
Rhoades Car, founded in 1992, is an operating division of HYPERLINK "http://en.wikipedia.org/w/index.php?title=Rhoades_National_Corporation&action=edit&redlink=1" \o "Rhoades National Corporation (page does not exist)" Rhoades National Corporation, located in HYPERLINK "http://en.wikipedia.org/wiki/Hendersonville,_Tennessee" \o "Hendersonville, Tennessee" Hendersonville, Tennessee, HYPERLINK "http://en.wikipedia.org/wiki/USA" \o "USA" USA. The company was founded by David Rhoades, and he served as its president until his death in late 2009 from heart disease at age 61. He was succeeded as president by Bill Pomakoy in 2010. The company is now known as Rhodes Car International. HYPERLINK "http://en.wikipedia.org/wiki/Rhoades_Car" \l "cite_note-RhoadesHist-1" [1]
Rhoades Car's sole products are a line of four-wheel bikes, also known as HYPERLINK "http://en.wikipedia.org/wiki/Quadracycle" \o "Quadracycle" quadracycles. The company markets these products under the slogan “The 4-wheel bike that drives like a car!”. HYPERLINK "http://en.wikipedia.org/wiki/Rhoades_Car" \l "cite_note-official-2" [2]
Rhoades Car is one of the world’s largest quadracycle manufacturers. HYPERLINK "http://en.wikipedia.org/wiki/Rhoades_Car" \l "cite_note-Ottawa01-3" [
All Rhoades Car bikes are made from welded square 2×2-inch 0.0598-inch (16-gauge) steel tubes. They feature 20×2.125-inch wheels. The two- and four-seat models have independent pedalling, with compound transmissions of up to 42 gears available. HYPERLINK "http://en.wikipedia.org/wiki/Rhoades_Car" \l "cite_note-Ottawa01-3" [3]
The key point in all of that, is HUMAN POWERED.
If you add any kind of motor on it, then it is no longer classified as a bicycle.
Here's the Facebook commentary on this case, which you may find useful…

HYPERLINK "https://www.facebook.com/messages/194620953916300" \t "_blank"
HYPERLINK "https://www.facebook.com/PackRatBill" \t "_blank" William FomoYrs Carpenter Interesting story and issue. The comments to the article as usual run the gamut. Maybe it's not a bike according to Ohio law, but I don't see how the vehicle differs from a horse drawn buggy. The problem is drivers can't force it to the side of the road and pass it in the same lane, therefore it's bad.
HYPERLINK "https://www.facebook.com/keri.caffrey" \t "_blank" Keri Caffrey Here's how that would be defined in Florida:
 HYPERLINK "http://flbikelaw.org/2011/05/four-wheeled-bicycle/" \t "_blank" http://flbikelaw.org/2011/05/four-wheeled-bicycle/
 HYPERLINK "https://www.facebook.com/steve.magas" \t "_blank" Steve Magas, does Ohio law differ?
HYPERLINK "https://www.facebook.com/steve.magas" \t "_blank" Steve Magas I've been consulted on this and can't really comment directly.
HYPERLINK "https://www.facebook.com/PackRatBill" \t "_blank" William FomoYrs Carpenter Florida code is unclear with regard to four wheels and thus whether a quadracycle would be defined as a bicycle. But it's definitely a vehicle. I'm not aware of any legal issues with "surreys" on the road in Florida.
HYPERLINK "https://www.facebook.com/keri.caffrey" \t "_blank" Keri Caffrey Right. The assumption is roads are for cars, anyone driving something else is second class and must be able to stay out of the way. So, the ability to stay out of the way of "real" road users determines whether or not it's street legal.

Chief Malley seems to have confused the law with common prejudice.
HYPERLINK "https://www.facebook.com/bob.shanteau.3" \t "_blank" Bob Shanteau Ohio revised Code does not define a human powered quadricycle as a vehicle or a bicycle:
 HYPERLINK "https://www.facebook.com/serge.issakov" \t "_blank" Serge Issakov So if it's redesigned to be a 3-wheeler it becomes legal? Mind-numbing semantic nonsense.
HYPERLINK "https://www.facebook.com/Dan.A.Gutierrez" \t "_blank" Dan Gutierrez They clearly wrote the law to include tadpole and delta trikes, but not devices like a Rhoades Car:

 HYPERLINK "https://www.facebook.com/messages/194620953916300" \t "_blank" HYPERLINK "https://www.facebook.com/Dan.A.Gutierrez" \t "_blank" Dan Gutierrez In CA, such a device would be a bicycle.
HYPERLINK "https://www.facebook.com/bob.shanteau.3" \t "_blank" Bob Shanteau The Uniform Vehicle Code does not define a quadricycle as a bicycle, but unlike Ohio law it does not exclude human powered devices from the definition of vehicles, so a quadricycle, like a bicycle, is defined as a vehicle (a change that the NCUTLO made... HYPERLINK "https://www.facebook.com/messages/194620953916300" \t "_blank" See More
HYPERLINK "https://www.facebook.com/brent.nimmo1" \t "_blank" Brent Nimmo Looks like Ohio is not quadricycle friendly. I hope he wins. If he doesn't I think they ought to organize a ride for Autism where he was ticketed to raise money to get him a street legal three wheeler to take his kid on rides! And perhaps pick a week to critical mass the area!
HYPERLINK "https://www.facebook.com/serge.issakov" \t "_blank" Serge Issakov So in the UVC quadricyles, tricycles and bicycles are vehicles, but only bicycles are also bicycles.
HYPERLINK "https://www.facebook.com/Dan.A.Gutierrez" \t "_blank" Dan Gutierrez For legal purposes, I prefer the term used in PA: Pedalcycle.
The term pedlacycle does NOT specify a number of wheels in the name itself. Using the term "bicycle" to describe pedalcycles with on or more wheels is inane. With pedalcycle as the class name, unicycles, bicycles, trkcycles and quadracycles, etc., are just subclasses of pedalcycles.

Dan Gutierrez And I don't care if a treadle powered cycle is also called a pedalcycle.

Bob Shanteau I looked in the UVC but I can't find a section that says it only lawful to drive vehicles on public streets and highways. The UVC apparently gets around that by defining ANY

Ramon Zavala Count me in for the change to "pedalcycle" in as many legal codes as possible.

Jason Walker Yeah, good call. I think Oregon's got the weirdness with it being 2 or 3 wheels specifically as well.

Also, can we get rid of the handlebar height requirement thing in CA while we're at it? Make two seperate recumbents I've owned not legally bicycle...

Dan Gutierrez CABO tried to drop the pedal reflector requirement, but the CBC and the bike coalitions wanted it the law. Pedal reflectors are at best redundant and at worst a nuisance when required by law.

Jason Walker Well, it's good to know someone is trying. Has it been pointed out to the CBC the effect of this regulation on 'bents?

[url]https://www.facebook.com/gcziko" \t "_blank[/url]Gary Cziko I've been operating a quadracycle in Illinois for decades and have never had a problem here with the law.

Looking up the definition of bicycle in Illinois:
(625 ILCS 5/1-106) (from Ch. 95 1/2, par. 1-106)
Sec. 1-106. Bicycle. Every device propell... [url]https://www.facebook.com/messages/194620953916300" \t[/url] See More

Steven M. Magas [0009131]
The Bike Lawyer
The Magas Firm
7733 Beechmont Ave., Suite 210
Cincinnati, OH 45255

513.484.BIKE [2453]
[url]mailto:BikeLawyer@me.com[/url] BikeLawyer@me.com
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---------------------

Lakewood mayor feels quadricycle is a potential safety hazard, would like Lakewood to close loophole allowing quadricycles in city strees
http://connect.cleveland.com/user/edcarroll/index.html
[img]http://media.cleveland.com/avatars/10585422.png"%20\[/img]* MERGEFORMATINET By HYPERLINK "http://connect.cleveland.com/user/edcarroll/posts.html" Ed Carroll, Sun News 
on January 29, 2013 at 9:30 AM, updated January 29, 2013 at 12:20 PM

[img]http://media.cleveland.com/lakewood/photo/12188464-large.jpg"%20\*%20MERGEFORMATINET[/img]
[img]http://media.cleveland.com/lakewood/photo/vinnie-latessa-city-council-good-jan-22-e0b1acfc76ca589e.jpg"%20\t%20"_blank"%20View%20full%20size[/img] Dominic "Vinnie" Latessa asks Lakewood City Council on Jan. 22 to consider allowing his quadricycle on city streets. Lakewood Mayor Michael Summers has asked city council to close a loophole allowing the vehicle on the streets. ED CARROLL/SUN NEWS

Lakewood Mayor Michael Summers said he has approached Councilman Ryan Nowlin, the chair of the Public Safety Committee, and asked Nowlin to take the issue of a four-wheeled Rhodes Car, called a quadricycle, to city council in an attempt to close a loophole in city code that allows the quadricycle on the streets.

"(The way the code is currently,) Judge (Patrick) Carroll has said I can't make (quadricycles) illegal," Summers said. "The judge read the ordinance as it is on the books, and that ordinance dealt with toy vehicles. I worry this could create a safety hazard."
Dominic "Vinnie" Latessa owns the quadricycle which brought this issue to the city's attention. Latessa "http://www.cleveland.com/roadrant/index.ssf/2012/11/lakewood_tickets_rider_of_four.html" was ticketed by police on Sept. 26, 2012 for operating a toy vehicle in the street. Carroll later threw the ticket out, stating the quadricycle isn't a toy vehicle, but is unclassified. Carroll recommended the issue be fixed through the legislative process.

http://www.cleveland.com/lakewood/index.ssf/2013/01/lakewood_quadricycle_owner_jus.html" \l "incart_river" uses the quadricycle for both transportation of his two children and for a way to spend time outside with his autistic son, Tyler. Latessa said Tyler is unable to ride a bike on his own and argues that his quadricycle is actually a bike, although Ohio law states that a bike can only have two or three wheels. He's allowed to ride the quadricycle in the streets for now, but hasn't been out much due to the cold weather.

Summers made it clear his main concern in this issue was safety - both of drivers on the road, and the occupants of the quadricycle.

"We're talking about a five-foot wide vehicle," Summers said. "A car may not see it on the road, or a driver may get impatient and try to go around it. The backseat of the quadricycle is basically the backseat of a mini-van attached to it."
Summers said the quadricycle does not have seat belts or lights, but did have reflectors. Latessa's quadricycle does have seat belts, although Latessa has said he would like to get better seats for his vehicle.

Summers said he's happy to work with city council regarding the issue, and expects Nowlin to bring it before the next Public Safety Committee meeting on Feb. 4.
When asked for potential compromises between Latessa and the city, Kevin Butler, the city's law director, didn't feel as if he was in a position to advise anyone, but said he believed city council would have a thorough conversation about the quadricycle, and it may end up incorporating other unclassified vehicles.

Butler said safety issues are important to the city, and the council could end up defining the terms of what certain vehicles are, although he made it clear he could not speak for the mayor or city council.

Butler also said he hoped Latessa would come to the Feb. 4 meeting to discuss his quadricycle with the city. Latessa briefly spoke to city council at the Jan. 22 meeting.
Summers wants the city to be prepared for an issue like Latessa's quadricycle in the future.

"There's lots we can do to make (these types of vehicles) work (for Lakewood)," he said. "Right now, we have none of that."

Editor's note: Carroll is not related to Judge Patrick Carroll.

[Jim O'Bryan]

And BANG! shot in the foot again!

After years of describing the city as walkable and bikeable. After the build up of great
energy over biking and this being a progressive city, this was picked up on UPI

From UPI -
Odd News
Mayor tries to get quadricycles off street

Summers said he is concerned about the safety of the vehicles, which do not have seatbelts or lights.

"We're talking about a 5-foot wide vehicle," Summers said. "A car may not see it on the road, or a driver may get impatient and try to go around it. The backseat of the quadricycle is basically the backseat of a minivan attached to it."

Read more: http://www.upi.com/Odd_News/2013/01/30/Mayor-tries-to-get-quadricycles-off-street/UPI-40671359582550/#ixzz2JYiqe9De

Judging by comments and interest from the biking community, they read this as Lakewood
looks to keep bikes off streets. I will admit it does not read that way, and the mayor does
not feel this way but biking has taken on nearly a religious or spiritual sphere from within
its ranks. This is seen as not bike friendly.

.