Dyersburg, Tennessee · Saturday, November 21, 2009
[Masthead] Fair ~ 63°F  
High: 66°F ~ Low: 45°F
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.

55-8-101. Chapter definitions. --

As used in this chapter and chapter 10, parts 1-5, of this title, unless the context otherwise requires:

(3) "Autocycle" has the same meaning as defined in § 55-1-103;

(4) "Bicycle" means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20) in diameter;
(31) "Motor vehicle" means every vehicle, including a low speed vehicle as defined in this section, that is self-propelled excluding motorized bicycles and every vehicle, including a low speed vehicle as defined in this section, that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails;
(32) "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, including a vehicle that is fully enclosed, has three (3) wheels in contact with the ground, weighs less than one thousand five hundred pounds (1,500 lbs.), and has the capacity to maintain posted highway speed limits, excluding a tractor or motorized bicycle;
(33) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) brake horsepower, or with a motor with a cylinder capacity not exceeding one hundred twenty-five cubic centimeters (125cc);

(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;

55-4-101. Registration required before operation -- Application -- Issuance of registration and license plates -- Rules and regulations -- Temporary permit -- Transfer of registration when changing vehicles -- Fees -- Safety rules for homemade trailers. --

(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.

55-1-103. "Autocycle," "motor bicycle" "motorcycle," and "motor vehicle" defined. --

(1) "Autocycle" means an enclosed motorcycle that is equipped with safety belts, rollbar, windshield, wipers, steering wheel, and equipment otherwise required on a motorcycle, and which has not more than three (3) wheels in contact with the roadway at any one (1) time;

(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;

(4) "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, including a vehicle that is fully enclosed, has three (3) wheels in contact with the ground, weighs less than one thousand five hundred pounds (1,500 lbs.), and has the capacity to maintain posted highway speed limits, excluding a tractor or motorized bicycle; and
(5) "Vehicle" and "freight motor vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

[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.


Comments
Showing comments in chronological order
[Show most recent comments first]

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?

-- Posted by PatrolCmdr on Wed, Aug 20, 2008, at 1:29 PM

Thats the confusion I had. Also, in the TN motorcycle handbook it says very contradictory things pertaining to registration.

-- Posted by jonboon on Fri, Aug 22, 2008, at 2:19 PM

Yeah..that wasn't too helpful. I'm just as confused as ever now.

-- Posted by justme30 on Fri, Aug 22, 2008, at 4:01 PM

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.

-- Posted by jonboon on Sat, Aug 23, 2008, at 6:17 AM

did the LT forget about this blog?

-- Posted by jonboon on Wed, Oct 15, 2008, at 11:10 AM

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.

-- Posted by mikedobis on Thu, Oct 23, 2008, at 1:20 PM

My scooter is 49cc and i was forced to register it.

weird.

-- Posted by jonboon on Fri, Oct 24, 2008, at 8:43 PM

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!

-- Posted by PatrolCmdr on Fri, Nov 7, 2008, at 10:27 PM


Respond to this blog

Posting a comment requires free registration. If you already have an account, enter your username and password below. Otherwise, click here to register.

Username:

Password:  (Forgot your password?)

Your comments:
Please be respectful of others and try to stay on topic.


In Service with a Report
Lt. Mike Dobis
Recent posts
Archives
Blog RSS feed [Feed icon]
Comments RSS feed [Feed icon]
Login
Lt. Mike Dobis is on the command staff of the Dyersburg Police Department.
Hot topics
Greetings!
(8 ~ 10:02 AM, Mar 7)

What Will Matter?
(9 ~ 5:03 AM, Feb 18)

Reckless Driving and Drag Racing
(6 ~ 11:15 PM, Dec 17)

Legal and Safe Bicycling
(12 ~ 11:48 AM, Nov 13)

Efficient Fuel Consumption Vehicles
(8 ~ 10:27 PM, Nov 7)