RD386 - Non-Conventional Vehicles Study - 2013 Report

  • Published: 2013
  • Author: Department of Motor Vehicles
  • Enabling Authority: Letter Request from House and Senate Transportation Committees, September 2011

Executive Summary:
In September 2011, Chairman Joe May, House Transportation Committee, and then Chairwoman Yvonne Miller, Senate Transportation Committee, called upon the Department of Motor Vehicles to establish an ongoing work group to address the increasing consumer demand for vehicles that do not fit into the current motor vehicle definitions provided in the Code of Virginia. During the first year of the Non-Conventional Vehicles Study, the work group focused on low-speed vehicles, motorcycle classifications, mopeds, and all-terrain vehicles. Those proposed recommendations passed the General Assembly earlier this year (see Chapter 783 of the Virginia Acts of Assembly of 2013).

During this second year of the Non-Conventional Vehicles Study, in addition to the issues carried over from the first year of the study, Chairman Steve Newman referred several issues to the group for further review. The group was divided into six separate committees, each with its own charge. After holding numerous committee meetings throughout the spring and summer, the entire stakeholder group met in September to review and finalize the group’s recommendations as follows:

All-Terrain Vehicles Committee

Charge: To consider the definitions of all-terrain vehicles and recreational off-highway vehicles submitted by the Motorcycle Industry Council, and to review the concept of affixing a decal to all-terrain vehicles to indicate that the vehicle has been titled.

Recommendation: The work group chose not to recommend any changes to the all-terrain vehicle definition at this time or to require that all-terrain vehicles display decals indicating titling. The group will continue to work with the Motorcycle Industry Council to monitor national activity on these definitions should any amendments become necessary in the future.

Moped Legislation Committee

Charge: To review (1) moped passenger restrictions; (2) increasing the penalty for certain moped operational requirements; (3) prohibiting moped operation on roads with posted speed limits over 35 miles per hour; and (4) clarifying DUI restrictions for the operation of mopeds.

Recommendation: The work group decided not to recommend any changes to moped passenger restrictions, to penalties, or to any road restrictions at this time. However, the work group recommended that DMV continue its review of the language on DUI restrictions for the operation of mopeds to determine if any further clarification is necessary. In addition, DMV will continue tracking moped activity so that the group has a more accurate count of the number of mopeds being operated on Virginia highways and their involvement in crashes.

Moped Dealer Licensing Committee

Charge: To review whether moped dealers should be licensed.

Recommendation: The group recommended that no licensing requirements be placed on moped dealers at this time. DMV will continue to gather information on the mopeds being titled and registered that were not sold by an already licensed dealer in order to get a better understanding of what types of retail outlets are selling mopeds and what impact any licensing requirements would have on them.

Taxes Committee

Charge: To look at the taxation structure of all-terrain vehicles, off-road motorcycles, and mopeds.

Recommendation: The group recommended that no changes to the taxation structure be made at this time. Once the requirement that mopeds be titled and registered becomes mandatory (on July 1, 2014), the group will have a much clearer picture of the number of mopeds in operation on Virginia highways and the impact of any change to the taxation structure.

Specially Constructed Vehicles Committee

Charge: To develop a procedure for reviewing specially constructed vehicles presented to DMV for registration.

Recommendation: The group recommended that if a specially constructed vehicle is denied registration, that vehicle can be submitted to the Specially Constructed Vehicles Committee for further review. The group also recommended that DMV convene another stakeholder group involving those familiar with the mechanics of these types of vehicles (such as representatives from body shops) to develop an inspection program for specially constructed vehicles.

Three-Wheel Vehicles Committee

Charge: To consider a way to differentiate those three-wheel vehicles that operate and handle more as passenger cars than as motorcycles.

Recommendation: The group recommended creating a separate definition ("autocycle") and requirements for those three-wheel vehicles that operate and handle more as automobiles than motorcycles. Such a recommendation is in line with the American Association of Motor Vehicle Administrators best practices for regulating operation and registration of three-wheel vehicles.

In addition to the above specific charges, during the final stakeholder meeting in September, Commissioner Holcomb identified the need for the work group to examine the operation of autonomous, or self-driving, vehicles on Virginia’s public highways. Autonomous vehicles have been tested at the Virginia Tech Transportation Institute’s Smart Road. It was recommended that DMV continue to work with the Non-Conventional Vehicles group as well as other impacted stakeholders should any legislation on autonomous vehicles be required.