Can I Register A Vanderhall Cycle In Maryland

Introduction

You may have seen an autocycle on a local street, but been unclear what it was or, for that matter, what to call information technology.

Autocycles are mechanically distinct from other vehicles on the road and can be identified past:

• Their 3-wheeled design.
• Steering bicycle.
• A seat for the driver.
• Occasionally, seats for passengers.

The National Highway Traffic Rubber Assistants (NHTSA), the agency in charge of regulating vehicle manufacturers, does not currently take a vehicle classification for autocycles. This ways at the federal vehicle manufacturer level, autocycles fall nether the definition of "motorcycle," which is defined as "a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground."

Because autocycles, from a federal standpoint, are nevertheless considered motorcycles, they must comply with applicative motorcycle manufacturing and safety standards. The definition for motorcycles is very broad and encompasses a number of three wheeled configurations.

States have moved towards creating their ain motorcycle sub-classifications for autocycles, or creating an autocycle classification all its ain. This has impacted titling, rider endorsements and training, registration, rider and route restrictions and required protective equipment.

American Association of Motor Vehicle Administrators Recommendations

In 2013, the American Association of Motor Vehicle Administrators (AAMVA) formed the Three-Wheeled Vehicle Working Group (3WVWG), which was tasked with developing all-time practices and recommendations for regulating the operation of three-wheel vehicles.

Starting with a cursory overview of the differences between three-wheeled motorcycles and autocycles, the 3WVWG noted that three-wheeled motorcycles accept handlebars and require the rider to sit astride the vehicle, while autocycles have steering wheels and a seat for the driver. The 3WVWG and so provided the post-obit substantive recommendations for autocycles:

• Autocycle operators should exist licensed as regular passenger vehicles.
• There should be a way to distinguish three-wheeled motorcycles from autocycles for condom statistics.
• Drivers should exist prohibited from performing their skills testing in an autocycle.

One of the main reasons state legislatures are pursuing autocycle categorization is to distinguish them from motorcycles. Imre F. Szauter, onetime regime affairs managing director for the American Motorcyclist Association, noted that:

"The iii-wheeled enclosed 'motorbike' is causing problems for united states of america, mainly considering these vehicles are built to the Federal Motor Vehicle Safety Standards (FMVSS) for motorcycles but being marketed as three-wheeled passenger  vehicles. Removing the motorcycle endorsement requirement and helmet use provisions further indicates the manufacturers are marketing these pocket-size, fuel-efficient vehicles as 'cars.' Even so, because they are still titled and registered every bit motorcycles, all traffic crashes in these vehicles are counted as 'motorcycle crashes.' That'south the rub for us – you're not required to have a motorcycle endorsement or motorcycle license to operate it, but if you crash it, your crash counts against us (motorcyclists)."

Federal Action

In 2015, the United States Firm (H.R. 2892) and Senate (Due south. 685) introduced companion bills addressing federal autocycle regulation. These bills defined an "autocycle" as "a motor vehicle with three wheels, an enclosed occupant compartment, and a steering wheel, which meets applicable Federal motor vehicle safety standards, as determined necessary by the Secretary of Transportation through regulation." The bills besides provided for interim rubber regulations for passenger vehicles, such as seat belt assembly anchorages, roof beat out resistance, and the flammability of interior materials, every bit well as acting rubber regulations for motorcycles such as motorcycle brake systems, rearview mirrors, and new pneumatic tires.

To determine which of the rubber standards were applicable to autocycles, the bills would have empowered the Secretary of Transportation to "apply motorcycle prophylactic standards to those aspects of an autocycle's operation regulated through the motor vehicle safety standards applicative to motorcycles," and "apply passenger machine safety standards to those aspects of an autocycle's functioning regulated through motor vehicle safety standards that are non otherwise regulated through a motorcycle standard." Each bill was referred to a unlike committee in 2015, but no farther activeness was taken.

Further, in the fall of 2015, the Department of Transportation and NHTSA proposed a rulemaking framework which would modify the regulatory definition of "motorcycle" to exclude 3-wheeled vehicles that are configured similar passenger cars. The proposed rule noted that there are three-wheeled vehicles with passenger car characteristics (fully enclosed cabins, hinged doors with roll-up windows, steering wheels, side-by-side seating) that need further description to permit consumers to be fully informed when purchasing such vehicles. The proposed rule has still to be finalized and it remains unclear if the dominion will be further delayed or scrapped due to the new administration.

State Autocycle Laws

Every bit autocycles increase in popularity on American roadways, states are making efforts to ascertain what autocycles are, address safety requirements and passenger restrictions, regulate operator licensing and performance of autocycles on roadways and distinguish autocycles from motorcycles in crash reporting.

Autocycle Definitions

Currently, 31 states have autocycle statutory definitions. All 31 states require that an autocycle have three wheels, and 28 states require an autocycle to accept a steering bike (Colorado, Mississippi and Oklahoma do not explicitly crave a steering wheel). Beneath are the other range of requirements ordinarily seen in autocycle definitions, along with their prevalence among the various state definitions:

• 19 states require autocycles accept seatbelts.
• 16 states require that the commuter not sit or straddle the seat.
• 15 states require autocycles be enclosed.

Apropos enclosure requirements, Colorado'due south statute requires that an autocycle accept "a hardtop enclosure that protects occupants from the elements and that supports the vehicle'due south weight without harming the occupants when the vehicle is resting on the enclosure." The language requiring the autocycle to protect the occupants while "resting on the enclosure" is mirrored in Vermont's statute, which defines "fully enclosed autocycle" as an autocycle that has, amidst other features, "total superlative and side enclosures capable of supporting the vehicle's weight and protecting the occupants when the vehicle is resting on the enclosures."

• 15 states require foot pedals to control dispatch, braking, and, if applicable, a clutch.
• 11 states require autocycles come across federal motorbike rubber requirements.
• ten states require the vehicle to accept a ringlet cage or roll bar.

Concerning curlicue bar requirements, Louisiana has statutory language defining a "roll cage" or "roll bar" every bit "supports that will bear the vehicle's weight and are then designed every bit to protect the occupants when the vehicle is resting on the supports."

• Eight states require autocycles to have antilock brakes.
• Four states require autocycles to have airbags.

Probably the most comprehensive autocycle definition is Nebraska's statute, which defines an autocycle as any motor vehicle:

• With a seat that does non crave the operator to straddle or sit astride it.
• That is designed to travel on three wheels in contact with the footing.
• In which the operator and passenger ride either side-by-side or in tandem in a seating area that is completely enclosed with a removable or fixed acme and is equipped with manufacturer-installed air numberless, a manufacturer-installed gyre cage, and for each occupant a manufacturer-installed three-bespeak safety belt system.
• That has antilock brakes.
• That is designed to be controlled with a steering wheel and pedals.

A more representative case of how most states define autocycles is New Hampshire'south statute, which defines an autocycle as "a three-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride, is equipped with prophylactic belts for all occupants and is manufactured to comply with federal rubber requirements for motorcycles."

This variety in states' autocycle definitions highlights the confusion surrounding how to categorize the vehicles of this burgeoning industry. Of notation is that merely 15 states require that the commuter non sit down or straddle the seat, since this is one of the defining differences between three-wheeled motorcycles and autocycles. Some states accept other unique provisions regarding vehicle equipment, such as:

• Tandem seating (Nebraska, Missouri and New Mexico).

Concerning tandem seating, Missouri defines an autocycle, in part, as a motor vehicle where the drivers and passengers ride in a "completely enclosed, tandem seating area," (tandem in this instance meaning seating where the commuter and passengers are lined up one behind the other and facing the aforementioned direction). New Mexico'south statute has similar linguistic communication, defining an autocycle as "a three-wheeled motorcycle on which the driver and all passengers ride in a completely enclosed, tandem seating area." Nebraska's statutory autocycle definition allows the operator and passenger to either ride "next or in tandem in a seating surface area."

• Headlamps (North Carolina).
• Windshields (Virginia).
• Windshield wipers (Tennessee).

While these laws demonstrate the differences amongst the states' autocycle definitions, one state'south definition in item stands out as an example of the diverseness among states legislatures in their approach to defining autocycles. Arkansas' statute is notable because information technology defines an autocycle as a "motorized wheel that exclusively uses a motor operated past electricity," and is a "nothing-emission vehicle." Further, the Arkansas statute details several mechanical requirements (such every bit vehicle width, length, weight, and door requirements) non found in other state statutes.

Comparison of Elio and Polaris Models and State Definitions

While there are several examples of autocycles currently on the route and in production, Elio Motors of Louisiana, which just recently reached its pre-order goal of 65,000 vehicles required to begin production, and Polaris Industries of Minnesota, which already has several iterations of their "Slingshot" on the road, stand out for their attempts to steer autocycle legislation on the land and national level.

The designs for each of these vehicles vary drastically. Polaris Industries' Slingshot has side-by-side seating, seat belts and no roof, doors, windows, airbags or crumple zone. By comparison, Elio Motors' "Elio" has seat belts, a roof, doors, windows, airbags, a crumple zone and a tandem seating design.

These design differences are echoed in some of the laws enacted by states governing autocycle equipment and safety and operation standards.

For case, Texas' statutory linguistic communication more closely resembles the design of a Slingshot, requiring three wheels, a steering wheel, seating that does not require the operator to straddle or sit astride the seat, and compliance with federal safety requirements for motorcycles.

Louisiana's statute, on the other hand, is more than in line with an Elio. Its law defines an autocycle as an enclosed motorcycle that is equipped with prophylactic belts, a gyre bar or roll muzzle, windshield wipers, a steering bike, and equipment otherwise required on a motorcycle and that has no more than than three wheels in contact with the roadway.

According to Polaris' website, Slingshots are categorized equally "autocycles" in 23 states—Alabama, Arizona, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Minnesota, New Hampshire, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont and Virginia. In 23 states Slingshots are even so considered "motorcycles," and the remaining four states have unique designations for Slingshots, such every bit "mototricycle" in Missouri, "trimobile" in Nevada, "unconventional vehicle" in N Dakota or "rider vehicle" in S Carolina.

Of the 23 states that define a Slingshot equally a "motorcycle," eight accept autocycle definitions that exclude Slingshots—Arkansas, Colorado, Maine, Michigan, Mississippi, Nebraska, New Mexico and Oklahoma—in function, on the basis of non having a roll cage or enclosed cabin.

These classifications are non the same for the Elio, however, as the Elio meets the requirements for all only one of the 31 states with an autocycle definition. Arkansas is the notable exception due to its "nothing-emission" autocycle definition. In the remaining 19 states, the Elio is considered a motorcycle or bears one of the unique designations mentioned above.

As can be seen from the varied definitions, in states that favor Polaris Industries' autocycle definition, curl cages, enclosures, or rubber belts are not mentioned, while states that favor Elio Motors' design include these characteristics in their definition. Without i overriding federal definition for what an autocycle is, u.s.' private definitions can, and in some instances exercise, vary widely.

Autocycle Condom Requirements

Nineteen states require an autocycle to exist equipped with seat belts for its driver and passengers. For instance, North Carolina's statute states: "Every autocycle registered in this Land shall exist equipped with seat safety belts for the front seats of the autocycle. The seat safety belts shall meet the same construction, blueprint, and strength requirements nether this section for seat safety belts in motor vehicles."

At the same time, only four states require autocycles to include airbags. Colorado, Missouri, Nebraska and New Mexico's statutes all have airbag requirements for autocycles, with Colorado's statute defining an autocycle equally, in role, a motor vehicle with "air bag protection."

1 of the largest autocycle condom questions is whether operators and passengers should be required to wear protective headgear, such as helmets and goggles. Thirteen states require some sort of helmet or headgear to be worn while driving or riding in an autocycle. Twelve states, withal, waive this requirement if the autocycle has a fully enclosed cabin or other safe feature, such as a roll bar, to protect the occupants in the event of a roll over. New Hampshire stands out equally the only state where an autocycle operator of an Elio, or another enclosed autocycle, is required to wear a helmet. New Hampshire's statute explicitly states that "[a]ny motorcycle or autocycle operator who transports a person under the age of 18 years [without wearing protective headgear] shall be guilty of a violation."

Virginia'southward statute addresses this issue past not requiring an autocycle operator to habiliment a helmet if the autocycle is equipped with condom glass or a windshield at all times while operating the vehicle. The statutory linguistic communication states:

Every person operating a motorbike or autocycle shall wear a face shield, condom spectacles or goggles, or take his motorcycle or autocycle equipped with rubber glass or a windshield at all times while operating the vehicle, and operators and any  passengers thereon shall article of clothing protective helmets. Operators and passengers riding on motorcycles with wheels of eight inches or less in bore or in 3-wheeled motorcycles or autocycles that have non-removable roofs, windshields, and enclosed bodies shall not exist required to wear protective helmets.

Autocycle Passenger Restrictions

Regarding autocycle passenger restrictions, some state statutes comport with existing motor vehicle requirements. In Connecticut, for example, 16- and 17-yr-old autocycle drivers are subject to the same passenger restrictions that would apply if they were driving other motor vehicles. This includes limiting them to transporting only their parents, a driving instructor, or a person over the historic period of 21 who has been licensed for at least four years.

Some other concern autocycle legislation has had to address is whether autocycle drivers can use their vehicle to send infant children. Tennessee's statute, for example, handles this result by stating that a person who is operating an autocycle shall not comport a child as a rider if such child is required to be secured under the law (which, among other things, requires drivers to properly use a child passenger restraint organisation in a rear facing position that meets federal motor vehicle condom standards), unless: the autocycle has an enclosed cab, meets the federal motor vehicle rubber standards for child restraints and the child is secured in a fashion in accord with said police.

States accept also addressed historic period restrictions for autocycle passengers. Pennsylvania, for example, has a brake on passengers younger than eight-years-quondam if a car seat cannot be used. The statute states: "No person who is operating an autocycle may let a child who is nether eight years of age to be a passenger in the autocycle if the child would be required to be secured in a passenger machine…"

Arkansas'due south statute requires a kid to be restrained co-ordinate to Arkansas's Child Passenger Protection Act (requiring passengers less than threescore pounds to exist restrained in a child passenger safe seat properly secured in the vehicle). Farther, Arkansas's statute states a child may be a passenger in an autocycle, and that the law requiring children younger than 8-years old tin't exist passengers on motorcycles does not employ to autocycles.

Autocycle Licensing and Registration Requirements

One of the most interesting distinctions states make when drafting legislation for autocycles is not requiring the driver to obtain a motorcycle endorsement, but requiring that the autocycle be registered and licensed equally a motorbike. Arkansas'southward statute, for instance, states that the owner of an autocycle may register and license it as a motorcycle. Similarly, Idaho's statute states:

1. The following provisions of law shall utilize to autocycles:

a)   Motorbike plate and registration tag requirements;

b)   Motorbike registration requirements. Certification from the national highway traffic safety assistants and a manufacturer's certificate of origin stating that the vehicle meets the federal specifications for a motorbike shall be required for all autocycles prior to registration;

c)   Motorbike insurance requirements.

These registration requirements are the same in Texas, New Mexico and New Jersey. New Bailiwick of jersey's requirement, for example, states: "An autocycle shall exist registered as a motorbike… A person shall not be required to hold a motorcycle license or a motorbike endorsement to operate an autocycle if the person holds a basic driver's license to operate a motor vehicle."

There are 11 states—California, Florida, Georgia, Kentucky, Massachusetts, Nevada, North Dakota, Oregon, Southward Carolina, Washington and Wisconsin—that do not have a statutory autocycle definition, but notwithstanding waive the motorcycle licensing or endorsement requirement based on other criteria. For example, according to the California DMV, "Class C" commuter'southward licenses in California embrace "three-wheeled motorcycles." In a plurality of these states, however, the prevailing exception is for "enclosed" cabins. Such is the case  in Kentucky, Massachusetts, Oregon and Washington. In the remaining states—Florida, Georgia, Nevada, Northward Dakota, South Carolina and Wisconsin—the exception either takes the class of a different vehicle classification (Florida's "tri-vehicle," Nevada's "trimobile," Northward Dakota's "anarchistic vehicle," and S Carolina's "automotive 3-wheel vehicle") or a loophole in statutory law such as Georgia's presumptive exception for "riders" and Wisconsin'south distinction between "blazon 1" and "type 2" motorcycles. In the latter case, statutory constabulary implicitly exempts Georgia autocycle riders considering they don't fall under the umbrella of motorcycle "riders." In Wisconsin, autocycle riders are exempt considering their motorcycle statutes refer to "type 1" motorcycle license and helmet requirements, only autocycles are classified every bit "type two" motorcycles.

Autocycle Operation on Roadways

Arkansas appears to be the merely state that restrictions the performance of an autocycle on a highway. Arkansas's statute states that an autocycle shall not be operated on an interstate highway if: the functioning of autocycles or motorcycles is prohibited, the route is a controlled-access highway, the posted speed limit is more than than 55 mph or the autocycle cannot maintain a speed equal to the posted speed limit.

Another restriction that further differentiates autocycles from motorcycles in certain states is the ability to bulldoze ii beside in a lane. N Carolina law, for example, allows motorcycles to drive ii abreast in a single lane. The statute goes on, however, to notation that the term "motorbike" shall non include autocycles, and that autocycles shall not be operated more than one abreast in a unmarried lane. Connecticut law clarifies that while a motorcycle may overtake and pass a motorbike in the same single traffic lane occupied by such motorcycle, an autocycle may not do and so.

Autocycle Crash Reporting

In response to concerns from the motorcycling community that autocycle traffic crashes are being counted every bit motorcycle crashes, a few states have taken steps to require the reporting of autocycle crashes separately. Maryland, for example, has taken measures to rectify this issue by requiring written accident report forms to "distinguish between autocycles and motorcycles." Pennsylvania's statute, which goes into result Jan. 1, 2018, states that written report forms are required to include "separate information or data on autocycles."

Appendix A: State Autocycle Laws

State	iii-Wheeled	Straddle/Sit	Comply w/Fed. Motorcycle Reqs.	Enclosed	Roll Cage	Rubber Belts	Anti-Lock	Steering Bicycle	Pedals	Airbags	Helmets
Alabama	X	X	Ten					10
Arizona	X			X	X	X	X	X	Ten
Arkansas	X			X		X		X	X
Colorado	X			X		Ten				X
Connecticut	10		X	Ten		10		X	Ten
Delaware	X	Ten						Ten
Idaho	10			Ten		10		X	Ten		X*
Illinois	X	X						X
Indiana	X			X	10	X	10	X	10
Iowa	10	X						10	X
Kansas	X	X						Ten
Louisiana	10				X	10		Ten	X		Ten*
Maine	Ten		X	X	X	X		X
Maryland	X	10	X					X	Ten
Michigan	X			X	X	X		X			X*
Minnesota	X	X	Ten				Ten	X			X*
Mississippi	X			X	Ten	X
Missouri	Ten			X	X	X	X	10	X	X	X*
Nebraska	X	X		X	10	X	X	X	X	X
New Hampshire	X	Ten	X			10		X			10
New Jersey	10			X	Ten	X	10	10	X		X*
New United mexican states	X			X	X	10	10	X	10	X
North Carolina	X	X	10	X		Ten	X	Ten	X		X*
Ohio	X	Ten	Ten			10		X			X*
Oklahoma	Ten			Ten		10
Pennsylvania	X	X						X
Rhode Island	X	X	X					X	X
Tennessee	X		Ten	Ten	X	X		X			X*
Texas	X	X	X					10
Utah	X	10						X			10*
Vermont	X					Ten		Ten	X		10*
Virginia	X	X	X								Ten*
Total	31	16	11	15	x	19	eight	27	fifteen	four	13/12*

* State has an exception to helmet requirement when the autocycle is either enclosed or is designed with a coil cage, gyre bar, curl hoops or an otherwise crushproof torso.

Maine's autocycle statute was sunsetted in 2013, and is therefore not included in the totals.

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Source: https://www.ncsl.org/research/transportation/transportation-review-autocycles.aspx

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