Neighborhood Electric
Vehicle and Motor Assisted Scooter Information
The 78th Legislature
addressed the issue of new transportation technology. The law now recognizes
motor assisted scooters and Neighborhood Electric Vehicles for limited street
usage. The law can be found in the Texas Transportation Code (TRC) as
Subchapter D, Sections 551.301 and 551.302. Subchapter D became effective on
September 1, 2003.
In general, any traffic law which applies to bicycles also
applies to motor assisted scooters. That means the operator must obey the usual
traffic laws that bicycle operators must obey such as speed limit, signal turns,
etc. (TRC 551.101(a)). However, TRC 551.302(d) states that some laws that apply
to a motor vehicle do not apply to these scooters. This means that:
Ř
the scooter operator doesn't need a driver license,
Ř
the scooter operator doesn't need liability insurance,
Ř
the scooter doesn't have to be registered or have a license
plate,
Ř
the scooter doesn't have to carry a low speed vehicle emblem;
and,
Ř
the scooter doesn't have to be inspected.
Cities and counties may prohibit operation of these scooters
on particular streets or highways for safety reasons, as can the Texas
Department of Transportation (TXDOT).
Along with the "motor assisted scooter," the Legislature
legalized the "neighborhood electric vehicle." The "neighborhood electric
vehicle" is any vehicle subject to Federal Motor Vehicle Safety Standard 500.
They generally resemble a golf cart, but are larger-usually capable of carrying
four passengers-with a top speed between 20 M.P.H. and 25 M.P.H. Vehicles such
as the John Deere Gator and Kawasaki Mule are not neighborhood electric vehicles
because they are not subject to Federal Standard 500 in that they are designed
to primarily carry cargo rather than passengers. Like the motor assisted
scooter, neighborhood electric vehicles can be driven on any street or highway
with a posted speed limit of 35 M.P.H. or less, and may cross streets or
highways with a higher posted speed limit. However, unlike the motor assisted
scooter, a neighborhood electric vehicle must be registered and have a license
plate. The operator must have a driver license and the vehicle or operator must
be covered with the required liability insurance or acceptable substitute. In
addition, these vehicles meet the TRC Section 547.001 definition of a "slow
moving vehicle," and must carry a low speed vehicle emblem. Finally, as with
the motor assisted scooter, a city or county may prohibit their operation on a
street or highway for safety reasons, as can TXDOT.
Texas Transportation
Code Subchapter D
551.301. Definitions.
In this
subchapter:
(1) "Neighborhood electric vehicle" means a
vehicle subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section
571.500).
(2) "Motor assisted scooter" means a
self-propelled device with:
(A) at least two wheels in contact with the ground
during operation;
(B) a braking system capable of stopping the
device under typical operating conditions;
(C) a gas or electric motor not exceeding 40 cubic
centimeters;
(D) a deck designed to allow a person to stand or
sit while operating the device; and
(E) the ability to be propelled by human power
alone.
551.302.
Operation on Roadway.
(a) A neighborhood electric vehicle or motor
assisted scooter may be operated only on a street or highway for which the
posted speed limit is 35 miles per hour or less. The vehicle may cross a road
or street at an intersection where the road or street has a posted speed limit
of more than 35 miles per hour.
(b) A person may operate a motor assisted scooter
on a path set aside for the exclusive operation of bicycles or on a sidewalk.
Except as otherwise provided by this section, a provision of this title
applicable to the operation of a bicycle applies to the operation of a motor
assisted scooter.
(c) A county or municipality may prohibit the
operation of a neighborhood electric vehicle or motor assisted scooter on any
street or highway if the governing body of the county or municipality determines
that the prohibition is necessary in the interest of safety.
(d) The department may prohibit the operation of
a neighborhood electric vehicle or motor assisted scooter on a highway if it
determines that the prohibition is necessary in the interest of safety.
(e) A provision of this title applicable to a
motor vehicle does not apply to a motor assisted scooter.
