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Efficient Fuel Consumption Vehicles
Posted Tuesday, August 5, 2008, at 4:27 PM<< Previous | Read comments | Respond | Email link | Next >>
All of us are well aware of the fluctuation of fuel costs in our country. Many citizens have sought out alternate methods of travel and/or alternate fuel sources to offset the ever increasing prices of a barrel of crude oil. Many have had questions and/or comments on alternate vehicles and their classifications.
On June 17, 2008 a blog on Legal and Safe Bicycling was posted, which received some great comments. One comment that was posted was the following:
"What about license requirements for scooters under 49cc? The motorcycle handbook says it does not need tags because it is considered a motorized bicycle"
-- Posted by jonboon on Fri, Jun 27, 2008, at 3:48 PM
Below is some of the Tennessee state law verbiage as it pertains to "Autocycle", "Bicycle", "Motor Vehicle", "Motorcycle", "Motor-driven cycle", and "Motorized bicycle." Instead of including the entire TCA (Tennessee Code Anotated) sections, I have only included the sections that pertain to the above mentioned vehicles and/or cycles.
(3) "Autocycle" has the same meaning as defined in § 55-1-103;
(34) "Motorized bicycle" means a vehicle with two (2) or three (3) wheels, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters (50cc) which produces no more than two (2) brake horsepower and is capable of propelling the vehicle at a maximum design speed of no more than thirty miles per hour (30 mph) on level ground. The operator of a motorized bicycle must be in possession of a valid operator's or chauffeur's license, and shall be subject to all applicable and practical rules of the road. A motorized bicycle may not be operated on a highway of the interstate and defense highway system, any similar limited access multilane divided highway, or upon sidewalks;
(k) The owner of a motorized bicycle may, subject to the approval of the commissioner, apply for registration and registration plates for such motorized bicycle. The commissioner shall by regulation provide for the manner in which such single applications are to be made and the conditions under which they may be allowed; however, this provision shall not be construed as granting the commissioner authority to issue such registration and plates on any basis other than as is required in this chapter. Each applicant for registration under this provision shall be charged the same registration taxes imposed on Class (A) motor vehicles by § 55-4-111.
(2) "Motor bicycle" means a motorized bicycle as defined in § 55-8-101;
(3) "Motor vehicle" means every vehicle that is self-propelled, excluding motorized bicycles and every vehicle that is propelled by electric power obtained from overhead trolley wires. "Motor vehicle" means any low speed vehicle as defined in this section. "Motor vehicle" means any mobile home or house trailer as defined in § 55-1-105;
[Acts 1951, ch. 70, § 2 (Williams, § 5538.102); Acts 1963, ch. 143, § 1; 1979, ch. 247, § 1; T.C.A. (orig. ed.), § 59-103; Acts 1981, ch. 448, § 1; 1985, ch. 283, § 1; 1986, ch. 804, § 1; 2000, ch. 606, § 2; 2002, ch. 747, § 1.]
Hopefully, the information was helpful to all whom are interested. If any further clarification and/or discussion are needed, I would be glad to assist you in any way that I can. Please feel free to post your questions and/or comments.
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Lt. Mike Dobis is on the command staff of the Dyersburg Police Department.
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OK Lieutenant..now I am really confused.
You quoted a section of TCA (55-4-111 k) which states "The owner of a motorized bicycle may, subject to the approval of the commissioner, apply for registration and registration plates for such motorized bicycle."
I am interpreting "may" as indicating that registration for a motorized cycle is NOT required. Is this correct?
Thats the confusion I had. Also, in the TN motorcycle handbook it says very contradictory things pertaining to registration.
Yeah..that wasn't too helpful. I'm just as confused as ever now.
After reading it again and again, I'm curious that if someone owned a scooter limited to 30mph max, him/her would not have to register it because it is 2 wheeled, automatic and can not exceed 30mph.
"Motorized bicycle" never says that pedals are required to be a bicycle.
did the LT forget about this blog?
My apologies to all for the delay in responding to your questions. Work has been plentiful lately, thus the reason for the delay. I shall strive to reply to your questions in a more timely fashion.
Dear PatrolCmdr: Regarding your question: "I am interpreting 'may' as indicating that registration for a motorized cycle is NOT required. Is this correct?" The entity responsible for determining the registration of motor vehicles in our county is the Dyer County Court Clerk's office. I interpret the word "may" as that it is to be determined by the entity responsible for the registration of said vehicle. The law was written in a manner to include an area of discretion. This discretion is left up to the entity.
Dear jonboon: Regarding your question: "After reading it again and again, I'm curious that if someone owned a scooter limited to 30mph max, him/her would not have to register it because it is 2 wheeled, automatic and can not exceed 30mph." We must first determine the classification of the "scooter" in question. Does it have a motor that does not exceed 125cc and above 50cc? If so, then the "scooter" is classified as a "motor-driven cycle." If the "scooter" has a motor below 50cc then it is classified as a "motorized bicycle." After the classification is made and the entity responsible makes the determination weather or not the vehicle needs to be registered, we can determine if the "scooter" you are referring to needs to be registered.
I hope this has clarified some of the questions that each of you have had. If further explanation is needed, I shall attempt to do such.
My scooter is 49cc and i was forced to register it.
weird.
Thanks for the response Lieutenant. I am still somewhat confused, but I don't want you to think that I am some type of nut picking on you. As info, until I retired I was "one of you" in another state.
I would hope that there is some type of case law that would determine if the "may" part of the statute is or is not unconstitutionally vague. I also have problems with the Clerk's office determining whether or not the vehicle needs to be registered, this should be clearly spelled out by statute. Leaving this determination to the County Clerks would result in a vehicle being in compliance in one county and in violation in another.
I also can't understand how a patrol officer would determine if a registation violation is occurring. I am even more confused now than I was in the beginning.
Stay safe Lt!