Part 6.
TEXAS MOTOR VEHICLE BOARD
Chapter 103.
GENERAL RULES
16 TAC §103.17
The Texas Motor Vehicle Board of the Texas Department of
Transportation proposes new §103.17, concerning the definition of motor
vehicle under the Texas Occupations Code. This proposed new rule seeks to
clarify the definition of motor vehicle to include motorized scooters and
other equivalent vehicles.
Proposed new §103.17 clarifies the definition of motor vehicle under
Texas Occupations Code §2301.002(23)(A) to include motorized scooters
and other like vehicles that meet certain specified criteria. First, to meet
the definition of motor vehicle a motorized scooter must be able to commence
and continue movement without manual assistance, as stated in proposed subsection §103.17(a)(1).
Second, a motorized scooter possessing that capability must also meet one
of the additional criteria listed in subsection (a)(2) to be deemed a motor
vehicle under the proposed rule. Proposed §103.17(a)(2) requires a motorized
scooter to be certified either as a moped by the Texas Department of Public
Safety under subsection (a)(2)(A), or capable of being certified as a motor
vehicle by the National Highway Traffic Safety Administration under subsection
(a)(2)(B). However, if a motorized scooter is not certified under either category,
then it may still be deemed a motor vehicle if it meets 3 of 5 alternative
criteria listed under proposed subsection (a)(2)(C). The proposed rule further
clarifies in subsection (b) that a motorized scooter or equivalent vehicle
does not include go-carts or motorized mobility devices.
Brett Bray, Director, Motor Vehicle Board, has determined that for the
first five-year period the proposed section is in effect, there will be some
indeterminate fiscal implications for state and local government as a result
of enforcing and administering the proposed new rule.
Mr. Bray has also determined that for each year of the first five years
the proposed new rule is in effect, the anticipated public benefit will be
further clarity regarding the definition of motor vehicle, which can reduce
questions and administrative costs for both the agency and the motor vehicle
industry. In addition, the public will see great benefit from the regulation
of motorized scooters, such as the regulation of sales to prevent fraud. Although
the Board feels that many small businesses should have been licensed and compliant
with the Code for these vehicles all along, it is anticipated that there will
be some indeterminate economic cost to small and micro businesses who must
come into compliance with the regulatory framework as clarified by the proposed
rule. These increased costs arise from the combined effects of a number of
factors, including: (1) licensing fees to obtain a franchised or independent
motor vehicle dealer's license ($175 or more); (2) amendment fees to add lines
for any current franchised dealers ($25); (3) costs to upgrade sales and service
facilities, where necessary; and (4) administrative costs required to comply
with the statute. Mr. Bray also certifies that there will be no impact on
local economies or overall employment, as a whole, resulting from the enforcement
or administration of the proposed new rule.
The Board requests comments from any interested person. Comments (15 copies)
may be submitted to Brett Bray, Director, Motor Vehicle Division, Texas Department
of Transportation, P.O. Box 2293, Austin, Texas 78768, (512) 416-4910. The
Motor Vehicle Board will consider adoption of the proposal at its meeting
on December 9, 2004. The deadline for receipt of comments on the proposed
new rule is 5:00 p.m. on November 19, 2004.
The new rule is proposed under Texas Occupations Code §2301.153
and §2301.155, and Texas Transportation Code §503.002, which provide
the Board with authority to adopt rules as necessary and convenient to effectuate
the provisions of the statutes and to govern practice and procedure before
the agency.
Texas Occupations Code §2301.002 is affected by the proposed new rule.
§103.17.Motorized Scooters.
(a)
A motorized scooter or equivalent vehicle is included within
the definition of motor vehicle under Texas Occupations Code §2301.002(23)(A)
if the vehicle:
(1)
can commence and continue movement without pedaling or
pushing off; and
(2)
has as its primary purpose the transport of a person or
persons, or property, on public streets, roads, or highways, by either:
(A)
being certified as a moped by the Texas Department of Public
Safety;
(B)
meeting the certification criteria of the National Highway
Traffic Safety Administration for a motor vehicle; or
(C)
meeting three or more of the following criteria:
(i)
has an internal combustion engine with a piston displacement
of at least 30 cc or an electrical power system with at least 2 brake horsepower
or 250 watt power;
(ii)
has not more than three wheels at least 12" in diameter;
(iii)
can attain speeds of 20 mph or more;
(iv)
has a gross weight of 40 lbs. or more;
(v)
can travel a minimum distance of 30 miles or for a minimum
period of 2 hours.
(b)
For the purposes of this section, a motorized scooter or
equivalent vehicle does not include go-carts or similar products, or motorized
mobility devices.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on September 30, 2004.
TRD-200405944
Brett Bray
Director
Texas Motor Vehicle Board
Proposed date of adoption: December 9, 2004
For further information, please call: (512) 416-4899
Chapter 111.
GENERAL DISTINGUISHING NUMBERS