To Whom It May Concern

After eight years ******** at the ******** ** ******** ****** ****** in my neighborhood, I was assigned to be an itinerant ***** ********* at three ** ****** ******* in three different parts of the city. Upon realizing that I couldn’t realistically get the job done using public transportation, I began seeking alternative modes of transportation. I began noticing all sorts of motorized two-wheeled vehicles across the city. The larger bikes had license plates and special parking spaces, but the smaller, less intimidating models lacked tags, were not registered, and were chained up on the sidewalk like bicycles. After reading on DC DMV’s website that these smaller motorbikes were mopeds, treated by DC Municipal Regulations as “motorized bicycles,” I decided to shop for one. I confirmed by telephone with the DMV. These mopeds need not be registered, nor require a special license, and could be chained up on the sidewalk just like a bicycle as they were legally defined as “motorized bicycles.” I was told that as long as the engine displacement was under 50cc, a motorbike was technically a “motorized bicycle.”

In October I found such a motorized bicycle at a shop in Fairfax that sold only mopeds, MPG Mopeds. At the dealership they reconfirmed to me that under 50cc mopeds could be driven with a drivers license and were treated legally as a bicycle in DC, MD, and VA. I loved my new moped and it carried me to all my *******, from Petworth to Anacostia efficiently, safely, quickly, and economically…until March 4.

On the morning of March 4th, I was crossing the mall on my way to Anacostia when I saw lights in my rearview mirrors and heard the siren of a police car behind me. I quickly pulled over onto the unit block of Jefferson ST to move out of the police officer’s way and let him pass. Unfortunately it was me the officer was pulling over.

Officer Carter got out of his squad car and requested my license and registration. I gave him my driver’s license and replied that I did not have a registration for my moped. Officer Carter replied “It’s a motorcycle.” I explained to Officer Carter that I had consulted the DMV and the dealership before I had purchased the bike and they specified that it was considered a motorized bicycle. He replied “It’s a motorcycle.” I asked how the law differentiated the two. Officer Carter replied “It’s a motorcycle.” I asked Officer Carter again to please clarify for me what is considered a “motorcycle,” and what is considered a “motorized bicycle.” Officer Carter replied again, and again, and again, no matter the question, “It’s a motorcycle.”

I began to get frustrated. Rather than lose my cool, I removed my cell phone from my pocket and called the DMV. I asked an employee at DMV to please differentiate for me the specifications for a “motorcycle” and a “motorized bicycle.” She told me that a “motorized bicycle” had:
(1.) under 50cc engine displacement
(2.) 1.5 horsepower breaking power or less
(3.) wheels larger than 16 inches
(4.) a maximum speed of 35 mph or less

I relayed what I was hearing to Officer Carter. Officer Carter replied “It’s a motorcycle.” I asked Officer Carter if I could put him on with the DMV. Officer Carter replied “Sir, I will take you to jail!”

I next called my *********** ****** to inform the ******** *** ******** waiting for me that I did not know when I would arrive at ******. Then I called my wife to tell her what was happening in the case I needed help. As I relayed the situation to my wife, Officer Carter began yelling at me “Do not misquote me! I will take you to jail!” and “Do not misquote me! I will lock you up!” over and over again.

I began to become frightened and I called the police. I was connected to an officer who told me that I was correct and to just stand there and say nothing because the traffic stop would be over soon and the tickets would be dismissed. I hung up. Officer Carter handed me three tickets for:
(1.) No Tag - $100 fine
(2.) Fail To Report for Inspection - $50 fine
(3.) Fail To Have Insurance - $500 fine

I did not speak when Officer Carter handed me the tickets. Officer Carter stared at me in my silence for what seemed like minutes. Officer Carter said, “Where are your gloves?” I was confused. Officer Carter said, “Where are your gloves? Oh you don’t have gloves.” He wrote me a fourth ticket:
(4.) Fail To Wear Gloves - $25 fine

I accepted the fourth ticket and got ready to re-board my moped. Behind me I heard Officer Carter say “you get back on that bike, I will take you to jail.”

“But I have to get to work in Anacostia,” I said.

Officer Carter replied, “you can push it.”

Several days later I spoke with Officer Carter’s superior, Officer Herndon. Officer Herndon apologized for the ordeal. She said that due to the ambiguity in the laws and policies regarding mopeds in the city, tickets were dismissed. She told me to contest the tickets by mail and that they would be dismissed. She gave me her permission to use her name in this letter.

I didn’t want to take any chances of running into Officer Carter again, so I took my moped to the DMV inspection station. When I pulled in the employee directing the lines waiting at the DMV told me “you don’t have to get that registered.” I told him of my encounter with Officer Carter and he said “You don’t have to get it inspected if it is under 80cc.” I told him my moped was 49cc. He said again “yeah, you don’t have to get that inspected.” I asked him if they would please inspect the moped and give me proof of inspection so I wouldn’t get another ticket. He said, “That’s not for you. That’s for the kids on those pocket bikes.” I pleaded. He shrugged his shoulders and said “OK, but you don’t have to get that inspected.”

I also registered my moped as a motorized bicycled, titled it in DC, got a DC DMV license plate for it, and obtained insurance for the bike. Despite any ambiguity, I wanted to make sure I would never again be subject to Officer Carter’s abuse.

Please find enclosed:

District of Columbia Notice of Infraction #986088526
District of Columbia Notice of Infraction #986088530
District of Columbia Notice of Infraction #986088541
District of Columbia Notice of Infraction #986088552

February 2008 District of Columbia Municipal Regulations, pp 99-6 – 99-9, showing the legal definition of a motorized bicycle in the District of Columbia.

Tomos Streetmate Owners Manual; cover, pp 4-5, showing that the model clearly fits within the category of motorized bicycle under the legal definition of the District of Columbia.

February 2008 District of Columbia Municipal Regulations, p 12-6, showing that DC does not require one to wear gloves while operating a bicycle.

February 2008 District of Columbia Municipal Regulations, p 26-4, showing that DC does not require one to wear gloves even when operating a motorcycle.

Washington D.C. Motor Vehicle Insurance Identification Card, front and back

District of Columbia Certificate of Title, 2007 Tomos Streetmate, body type motorized bicycle/moped

District of Columbia Department of Motor Vehicles Registration Certificate for Tomos 2007 Moped

That you for your prompt attention to this matter,
100 Years of Trash