House Research Department
Updated: October 2008
Low-Power Vehicles
Page 16
Identifying the Type of Vehicle
A wide variety of low-power vehicles and devices have come onto the market in recent years.
Determining whether a specific model is classified as a motor scooter, motorized bicycle,
motorized foot scooter, or motorcycle can be challenging. The characteristics of a particular
vehicle, such as engine size, top speed, and safety equipment, determine how it is treated under
Minnesota law. Although other features are relevant, engine size can be an important factor in
classifying scooters, mopeds, and motorcycles.
A key question is whether the vehicle fits one of the definitions of those vehicles identified under
Minnesota law. With a vehicle that does not clearly fit any low-power vehicle definition, if it
has two or three wheels as well as a seat or saddle, it is likely to be classified as a motorcycle.
Vehicle title and registration would therefore be required. However, smaller devices such as
pocket bikes that might fall into the motorcycle classification often lack safety equipment
required under federal regulations, preventing a vehicle identification number (VIN) from being
assigned. Since a VIN is needed in order to issue a title, the vehicle would not be able to be
titled and registered, which is necessary for legal operation of motorcycles on public roads. See
Minn. Stat. §§ 168.013, subd. 1; 168A.04, subd. 1; 168A.085.
The default categorization for a vehicle or device that does not conform to any other low-power
vehicle definition is likely a motor vehicle. As such, it would need to be registered and have
license plates, the operator must have a driver's license, full insurance coverage is required, and
the vehicle must have safety equipment that includes lights, turn signals, and brakes at both the
front and rear.
Legislation in Other States
Electric vehicles. Almost all states now have regulations governing NEVs. The definition of an
NEV generally matches Minnesota's, which is based on a federal safety standard. States usually
allow operation only on roads with a speed limit of 35 miles per hour or less. Nationally, the
MSEV classification is quite recent. At least five states have enacted legislation establishing the
new class (Minnesota, Montana, Oklahoma, Tennessee, and Washington), and the vehicle is
defined similarly as in Minnesota. As with NEVs, MSEV operation is restricted to relatively
slower roads, with a top speed limit between 35 and 45 miles per hour.
Motorized foot scooters. Many states have addressed the status of motorized foot scooters, and
there is variation among those states that have specific laws. Some, including Delaware and
New Jersey, prohibit operation on public roads, trails, and sidewalks. Others have different
provisions for:
minimum operator age (ranging from no minimum in Washington to age 16 in
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California, Florida, and Oregon);
helmet requirements (generally required);
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driver's license (required in a couple of states including Florida and Maine); and
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