What is a 4-wheel drive electric vehicle that meets the all the characteristics of Federal law 107-319 except that it doesn't have just 2 or 3 wheels?
From what I've read, most state laws describing electric bicycles adhere to the Federal 107-319 definition which describes the "device" as having 2 or 3 wheels and not being capable of going more than 20 mph of the flat.
The California NEV laws do focus on 4 wheel vehicles that must be able to reach 30mph on the flat with a 1-mile start, but can't exceed 35 mph.
California, at least, defines Motorized Quadricycles and Tricycles in V C Section 407 Motorized Quadricycle and Motorized Tricycle
Motorized Quadricycle and Motorized Tricycle
407. A "motorized quadricycle" is a four-wheeled device, and a "motorized tricycle" is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. The device shall be utilized only by a person who by reason of physical disability is otherwise unable to move about as a pedestrian or by a senior citizen as defined in Section 13000.
Amended Ch. 1292, Stats. 1993. Effective January 1, 1994
Electric Tricycles that can't exceed 30 mph are also treated as mopeds in California VC 406(b)
V C Section 406 Motorized Bicycle
Motorized Bicycle
406. (a) A "motorized bicycle" or "moped" is any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.
(b) A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour.
(4) Every manufacturer of motorized bicycles, as defined in this subdivision, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided.
(c) The disclosure required under paragraph (4) of subdivision (b) shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(2) The disclosure shall include the following language in capital letters:
"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."
Amended Sec. 1, Ch. 804, Stats. 1995. Effective January 1, 1996. Supersedes Sec. 2, Ch. 342.
I guess if one is <62 years old he-she would need to register a 30mph as a moped while a senior would not be so required.
A senior or disabled person may ride a 29mph 4 wheel electric quadricycle on public roads, but no one else apparently can.
Does anyone know whether the section 406(b) < 20 mph electric "device" language has been determined to be restricted to 2 and 3 wheel devices like section 406(a) or whether a 406(b) device can have 4 wheels?
From what I've read, most state laws describing electric bicycles adhere to the Federal 107-319 definition which describes the "device" as having 2 or 3 wheels and not being capable of going more than 20 mph of the flat.
The California NEV laws do focus on 4 wheel vehicles that must be able to reach 30mph on the flat with a 1-mile start, but can't exceed 35 mph.
California, at least, defines Motorized Quadricycles and Tricycles in V C Section 407 Motorized Quadricycle and Motorized Tricycle
Motorized Quadricycle and Motorized Tricycle
407. A "motorized quadricycle" is a four-wheeled device, and a "motorized tricycle" is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. The device shall be utilized only by a person who by reason of physical disability is otherwise unable to move about as a pedestrian or by a senior citizen as defined in Section 13000.
Amended Ch. 1292, Stats. 1993. Effective January 1, 1994
Electric Tricycles that can't exceed 30 mph are also treated as mopeds in California VC 406(b)
V C Section 406 Motorized Bicycle
Motorized Bicycle
406. (a) A "motorized bicycle" or "moped" is any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.
(b) A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour.
(4) Every manufacturer of motorized bicycles, as defined in this subdivision, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided.
(c) The disclosure required under paragraph (4) of subdivision (b) shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(2) The disclosure shall include the following language in capital letters:
"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."
Amended Sec. 1, Ch. 804, Stats. 1995. Effective January 1, 1996. Supersedes Sec. 2, Ch. 342.
I guess if one is <62 years old he-she would need to register a 30mph as a moped while a senior would not be so required.
A senior or disabled person may ride a 29mph 4 wheel electric quadricycle on public roads, but no one else apparently can.
Does anyone know whether the section 406(b) < 20 mph electric "device" language has been determined to be restricted to 2 and 3 wheel devices like section 406(a) or whether a 406(b) device can have 4 wheels?
