• Welcome to Elio Owners! Join today, registration is easy!

    You can register using your Google, Facebook, or Twitter account, just click here.

Three Wheel Vehicle Problems In Texas

hawg_ryder

hawg_ryder

Elio Addict
Joined
Jul 25, 2014
Messages
1,034
Reaction score
2,725
Location
S.E. Texas (Gulf Coast)
eddie66 said:
I copied this post that was on Facebook back in April 2013.

[Broken External Image]

Misty Braxton‎Elio Motors
April 16, 2013 ·
I contacted the Texas Department of Public Safety, which handles drivers licenses in the state, and their response:

"Our customer service representative Ms. Hodge asked our office for a response to your question below regarding the elio, 3 wheel vehicle manufactured in Louisiana.
After looking at our Transportation Code, the short version answer to your question, yes, you will be able to drive this vehicle with your existing Texas driver license. You will not be required to have a motorcycle endorsement to operate this “lesser type of vehicle” defined in Trans. Code Section 521.085. This is the statute that lists this vehicle as an exception to Trans. Code Section 521.002 (6-a) definition of a motorcycle for drivers license requirements. Trans. Code Section 661.001 defines a motorcycle for protective headgear requirements and is says that a helmet is NOT required because it is equipped with a cab or occupant compartment, seat and seat belt and is designed to contain the operator in the cab or occupant compartment.

The definition of a motorcycle for registration purposes is defined in Trans. Code Section 502.001 #(12). This vehicle meets the requirement to be registered as a motorcycle under Texas law.

Because of the 521.085 exception to driver license law, you do NOT have to have a motorcycle endorsement for this particular vehicle.
I hope this has answered your questions regarding the Elio motor vehicle.

Major Bob Bailey
Texas Highway Patrol
Austin, Texas Headquarters


Like · Comment · Share
Click to expand...
eddie66, thanks for finding this info from Elio... I took a look at the Texas Transportation Code Title 7 Vehicles and Traffic.. Yada Yada... basically the license requirements for Texas...

Section 521.001(a) (6-a) under definitions has the following...
(6-a) "Motorcycle" includes an enclosed three-wheeled passenger vehicle that:
(A) is designed to operate with three wheels in contact with the ground;
(B) has a minimum unladen weight of 900 lbs.;
(C) has a single, completely enclosed, occupant compartment;
(D) at a minimum, is equipped with:
(i) seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, 49 C.F.R. Section 571.207;
(ii) a steering wheel used to maneuver the vehicle;
(iii) a propulsion unit located in front of or behind the enclosed occupant compartment;
(iv) a seat belt for each vehicle occupant certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
(v) a windshield and one or more windshield wipers certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section 571.205, and Federal Motor Vehicle Safety Standard No. 104, 49 C.F.R. Section 571.104; and
(vi) a vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and
(E) is produced by its manufacturer in a minimum quantity of 300 in any calendar year.

Farther down, I found the following that specifies what type of license is required for the various vehicles... Basically, most people will have a class C, but if you ride a motorcycle or moped you need a class M endorsement... However, the M endorsement is not required for anyone operating a vehicle that meets the requirements spelled out in the previous section I listed... to wit:

Sec. 521.085. TYPE OF VEHICLE AUTHORIZED. (a) Unless prohibited by Chapter 522, and except as provided by Subsection (b), the license holder may operate any vehicle of the type for which that class of license is issued and any lesser type of vehicle other than a motorcycle or moped.
(b) Subsection (a) does not prohibit a license holder from operating a lesser type of vehicle that is a motorcycle described by Section 521.001(a)(6-a).

This would indicate to me that we're shiny! :D To operate an Elio in Texas you will not need a "M" endorsement or need a helmet as the Elio meets all the requirements of this section... Perhaps the situation with the Slingshot has to do with the open cockpit more than the reported "saddle" requirement... It will be interesting to see how Slingshot's status is determined and resolved... For now, I feel much better after reading the actual statutes... I can live with them classifying the Elio as a "lesser type of vehicle that is a motorcycle" if it makes it easier for everyone to own one...;)

h_r:cool:
 
zelio

zelio

Elio Addict
Joined
Mar 4, 2014
Messages
5,069
Reaction score
13,560
Location
Sutherlin, OR
hawg_ryder said:
eddie66, thanks for finding this info from Elio... I took a look at the Texas Transportation Code Title 7 Vehicles and Traffic.. Yada Yada... basically the license requirements for Texas...

Section 521.001(a) (6-a) under definitions has the following...
(6-a) "Motorcycle" includes an enclosed three-wheeled passenger vehicle that:
(A) is designed to operate with three wheels in contact with the ground;
(B) has a minimum unladen weight of 900 lbs.;
(C) has a single, completely enclosed, occupant compartment;
(D) at a minimum, is equipped with:
(i) seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, 49 C.F.R. Section 571.207;
(ii) a steering wheel used to maneuver the vehicle;
(iii) a propulsion unit located in front of or behind the enclosed occupant compartment;
(iv) a seat belt for each vehicle occupant certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
(v) a windshield and one or more windshield wipers certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section 571.205, and Federal Motor Vehicle Safety Standard No. 104, 49 C.F.R. Section 571.104; and
(vi) a vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and
(E) is produced by its manufacturer in a minimum quantity of 300 in any calendar year.

Farther down, I found the following that specifies what type of license is required for the various vehicles... Basically, most people will have a class C, but if you ride a motorcycle or moped you need a class M endorsement... However, the M endorsement is not required for anyone operating a vehicle that meets the requirements spelled out in the previous section I listed... to wit:

Sec. 521.085. TYPE OF VEHICLE AUTHORIZED. (a) Unless prohibited by Chapter 522, and except as provided by Subsection (b), the license holder may operate any vehicle of the type for which that class of license is issued and any lesser type of vehicle other than a motorcycle or moped.
(b) Subsection (a) does not prohibit a license holder from operating a lesser type of vehicle that is a motorcycle described by Section 521.001(a)(6-a).

This would indicate to me that we're shiny! :D To operate an Elio in Texas you will not need a "M" endorsement or need a helmet as the Elio meets all the requirements of this section... Perhaps the situation with the Slingshot has to do with the open cockpit more than the reported "saddle" requirement... It will be interesting to see how Slingshot's status is determined and resolved... For now, I feel much better after reading the actual statutes... I can live with them classifying the Elio as a "lesser type of vehicle that is a motorcycle" if it makes it easier for everyone to own one...;)

h_r:cool:
Click to expand...
Just so they don't restrict to some silly rule like only 45 mph. LOL :-) Z
 
hawg_ryder

hawg_ryder

Elio Addict
Joined
Jul 25, 2014
Messages
1,034
Reaction score
2,725
Location
S.E. Texas (Gulf Coast)
zelio said:
Just so they don't restrict to some silly rule like only 45 mph. LOL :) Z
Click to expand...
Not to worry Z... Once you get out of the large Metro areas (Houston, Dallas, S.A. etc) highway speeds are 70, 75, and in some areas 80, and on one road it's 85! :eek: Only Mopeds are restricted to 30 mph so you'll have no problems zipping around in your Elio... Here's a link to U.S. speed limits by state... Hey, I see the max in Oregon is only 65...;)

http://en.wikipedia.org/wiki/Speed_limits_in_the_United_States

h_r:cool:
 
eddie66

eddie66

Elio Addict
Joined
Apr 12, 2014
Messages
1,341
Reaction score
4,069
hawg_ryder said:
eddie66, thanks for finding this info from Elio... I took a look at the Texas Transportation Code Title 7 Vehicles and Traffic.. Yada Yada... basically the license requirements for Texas...

Section 521.001(a) (6-a) under definitions has the following...
(6-a) "Motorcycle" includes an enclosed three-wheeled passenger vehicle that:
(A) is designed to operate with three wheels in contact with the ground;
(B) has a minimum unladen weight of 900 lbs.;
(C) has a single, completely enclosed, occupant compartment;
(D) at a minimum, is equipped with:
(i) seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, 49 C.F.R. Section 571.207;
(ii) a steering wheel used to maneuver the vehicle;
(iii) a propulsion unit located in front of or behind the enclosed occupant compartment;
(iv) a seat belt for each vehicle occupant certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
(v) a windshield and one or more windshield wipers certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section 571.205, and Federal Motor Vehicle Safety Standard No. 104, 49 C.F.R. Section 571.104; and
(vi) a vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and
(E) is produced by its manufacturer in a minimum quantity of 300 in any calendar year.

Farther down, I found the following that specifies what type of license is required for the various vehicles... Basically, most people will have a class C, but if you ride a motorcycle or moped you need a class M endorsement... However, the M endorsement is not required for anyone operating a vehicle that meets the requirements spelled out in the previous section I listed... to wit:

Sec. 521.085. TYPE OF VEHICLE AUTHORIZED. (a) Unless prohibited by Chapter 522, and except as provided by Subsection (b), the license holder may operate any vehicle of the type for which that class of license is issued and any lesser type of vehicle other than a motorcycle or moped.
(b) Subsection (a) does not prohibit a license holder from operating a lesser type of vehicle that is a motorcycle described by Section 521.001(a)(6-a).

This would indicate to me that we're shiny! :D To operate an Elio in Texas you will not need a "M" endorsement or need a helmet as the Elio meets all the requirements of this section... Perhaps the situation with the Slingshot has to do with the open cockpit more than the reported "saddle" requirement... It will be interesting to see how Slingshot's status is determined and resolved... For now, I feel much better after reading the actual statutes... I can live with them classifying the Elio as a "lesser type of vehicle that is a motorcycle" if it makes it easier for everyone to own one...;)

h_r:cool:
Click to expand...
Good read. Sounds like you will have less trouble driving an Elio in Texas than other states.
 
B

BillZ

Elio Addict
Joined
Sep 10, 2014
Messages
120
Reaction score
370
Location
Longview, TX
Just a new article that popped up minutes ago while I was browsing around.

http://www.foxnews.com/leisure/2014/11/18/texas-puts-three-wheeler-in-legal-limbo/?intcmp=features

From the article:

But neither is the case in Texas, where regulators have reversed an earlier decision to classify it as a motorcycle after revisiting the regulations that govern this type of vehicle. The decision was a surprise to Polaris, which had already begun offering the vehicle in the state when it was notified of the change.

Apparently, while the code that covers three-wheelers describes them as having a steering wheel, seatbelts and other features that apply to the Slingshot, it also categorizes them as “motorcycles,” and a separate code defines motorcycles as vehicles “equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground.”

Since the Slingshot has car-like seats, rather than a saddle like a Can Am Spyder or Harley-Davidson Tri-Glide, it falls through the cracks. As a result of these conflicting definitions, a Texas DMV spokesperson told FoxNews.com that “in the interest of providing for the safe operation of motor vehicles in Texas with a thorough review of current laws, the Texas Department of Motor Vehicles has determined Texas statutes do not allow for the Polaris Slingshot to be titled or registered.”

Although it could be used on private property, such as a racetrack, Polaris has temporarily suspended Slingshot deliveries to the Lone Star State while it works with regulators there to sort things out. According to the DMV, legislative action may be required to come to an acceptable resolution. Polaris says it “looks forward to working with DMV, DPS, the legislature and the Governor's office to develop an appropriate vehicle classification for Slingshot and operator licensing classification for its drivers, as soon as possible.”

This article goes on to mention the Elio specifically with regard to being another three wheeled vehicle that may be restricted to registration pending investigation. Hummm....
 
Last edited:
NSTG8R

NSTG8R

Elio Addict
Joined
Jul 24, 2014
Messages
3,838
Reaction score
10,994
Location
Pacific, MO
...but company founder Paul Elio said many of the 36,000 reservations it’s received for the vehicle are from the state, and that “when the Elio vehicle is available in late-2015, Texas residents will be able to purchase and register it with no motorcycle license or helmet required.”

Hope Paul knows something the reporter doesn't!
 
Jeff Porter

Jeff Porter

Elio Addict
Joined
May 20, 2014
Messages
2,086
Reaction score
5,343
Location
Norton, KS; halfway between Kansas City and Denver
If I lived in Texas, I would be incredibly frustrated. "...it falls through the cracks"??? Is that classic government or what? They are basically saying the Slingshot is something that they don't know what it is, so we can't allow it. Not surprising, but so frustrating.

Yes, isn't that an interesting tidbit at the end of the article. First, we don't know if PE really said that, but we can hope that he did. When he says "many" of the 36k reservations, I would think it would be what, 3%? And as you said Nstg8r, maybe PE or Joel Sheltrown knows something that we don't.
 
You must log in or register to reply here.
Top Bottom