QCOSTARICA — The phenomenon of the use of motorcycles disguised as bicycles as a means of transport has been growing for several years, but in recent months they have been seen more in both urban and rural areas and have quickly become a cause for concern.
These motorized bicycles or assisted bicycles flood the streets of the country, without legislation to regulate their use, they move without a license plate, not a technical inspection, without a speed limit and a driver not required to have a license.
For road safety experts, it is vital that this type of transport be regulated, since there are cases that reach judicial instances and that must be processed under a law that can be enforced.
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“There is the modified bicycle, which is the conventional bicycle, to which a motor is attached. On the other hand, we have assisted bicycles, which can be electric or combustion and which represent a trap for importers of this type of vehicle, since by having pedals, they are considered as bicycles and therefore, they do not have any regulation at this time. They do not require a license pate or a driver’s license,” said Roy Rojas, Project Director of the Consejo de Seguridad Vial (Cosevi), a department of the Ministry of Transport.
Essentially, the current Traffic Law states that if a two-wheeled vehicle has pedals, it cannot be considered a motorcycle. However, the Section of Crimes Against Property and Traffic of the Judicial Investigation Agency (OIJ) considers it vital that those who use this means of transport comply with the regulations established by the Traffic Law, as is the case, for example, with motorcycles.
The question here is, what happens in the event of a vehicle involved in an accident?
If you have the bad luck of being involved in a crash with a motorized bicycle, unless there is serious personal injury or death, do not waste your time calling a traffic official, and know that your best course of action would be to negotiate with the other driver to reach an amicable agreement and have him or her pay you for the damages.
Having an accident with these motorcycles disguised as bicycles is synonymous with absolute impunity in the event of going to court.
The fact that the drivers of these vehicles do not have a license plate, or a marchamo (circulation permit), which means no technical inspection or mandatory insurance, makes it impossible for traffic court judges to determine guilt and punish those responsible, is the word from Mauricio Piedra, deputy chief of operations of the Policia de Transito (National Traffic Police).
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“We can effectively say that there is impunity because judges cannot punish these cases. It is very difficult to punish when there is no license or license plate,” Piedra told La Republica in a recent interview.
At the moment, there is a legal vacuum in Costa Rica for this type of vehicle, while the Cosevi and its director Cindy Coto have indicated that there will soon be regulations, despite the fact that more than two years have passed since the issue was analyzed.
The intention to regulate this means of transport is also based on fatal traffic accident statistics since motorcyclists are among 50% of those killed on the road.
The low cost of motorized bicycles, below ¢500,000 in some cases, has caused exponential growth in the last year and a half, in particular, allowing countless people obtain work thanks to food delivery applications powered by these vehicles.
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“When we talk about motorized bicycles, it is important to note that many so-called are actually motorcycles with decorative pedals, since they (the pedals) are not essential for their operation, but rather used to evade requirements that motorcycles have. By not having a registration number (license plate), those who drive one of these vehicles and cause a crash can easily evade any responsibility (…) By not having requirements to be driven, they are available to people without experience driving on the road, which increases the probability of accidents,” said Roberto Guzmán, director of the Colectivo Chepecletas.
The Differences
These are the differences between a bicycle and a motorized bike, versus a moped and a motorcycle.
Motorized bicycle: Its main characteristic is that it has pedals and therefore, it is considered a human-powered vehicle. There are means of transport of this type on the market that have a gasoline engine and even electric ones, but they still have the pedals, which is why they are considered bicycles.
Modified bicycles are those to which a gasoline engine is added. It is a conversion of a traditional bike. Being a bicycle, it does not require a license place, technical inspection or driver’s license to operate, according to current law.
Mopeds: Mopeds have a gasoline or electric engine, but do not have pedals. They reach maximum speeds of 50 kilometers per hour or more. They require a driver’s license, license plate and technical inspection because, without the pedals, is considered a motorcycle.
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