On June 6th, Frank Maimone and Bill Downs of ABATE of the Garden State testified before the State Assembly Transportation Committee in Trenton on A2696. This bill would register autocycles as motorcycles and create a set of exceptions to the current motorcycle statutes in New Jersey.
For some background, see my previous article, An Autocycle is not a Motorcycle[1]
During their testimony, both Maimone and Downs (myself) made their arguments as to why autocycles are not motorcycles. In the end, they successfully swayed some votes, but the committee still voted to move A2696 out of committee and to the full assembly for a vote. It has since been voted on and passed. Its next step is to be signed into law or vetoed by Governor Bill Christie.
The committee brought up their concern about what was happening at the Federal level. Would passing a bill that would be rendered useless because the federal government would change how it classified vehicles be smart? (my paraphrasing) Would we be wasting time, money and resources on something we will be forced to change? During his testimony, Mr. Maimone alluded to the fact that the NHTSA (National Highway Traffic Safety Administration) was already working on a separate category/classification for autocycles. Others testifying that morning assured the committee that this lumping of autocycles with motorcycles was where the federal statues/guidelines were headed.
This is clearly NOT THE CASE!
According to the Federal Government’s Office of Information and Regulatory Affairs, the NHTSA is looking to:
This rulemaking would change the regulatory definition of motorcycle to exclude three-wheeled vehicles that are configured like passenger cars. Under the existing regulatory definition of motorcycle in part 571.3, three-wheeled motor vehicles are classified as motorcycles. This is appropriate for motorcycles with sidecars, trikes, and other three-wheeled vehicles that are based on a motorcycle-like configuration. However, other three-wheeled vehicles have passenger-car characteristics such as fully enclosed cabins, hinged doors with roll-up windows, steering wheels, and side-by-side seating. Because these car-like vehicles ride on three wheels instead of four, they are not required to meet federal safety standards for passenger cars (although they are subject to motorcycle safety standards.) Various car-like three-wheeled vehicle models have been imported into the U.S. and have been available for sale to the public. NHTSA believes consumers who purchase these vehicles are likely to assume that these vehicles have the same safety features and crash protection as passenger cars certified to Federal safety standards.[2]
(Emphasis added by us.)
The NHTSA, Federal Government and ABATE agree that autocycles are neither cars nor motorcycles and is moving to create a separate category. They feel that these vehicles are more like cars but duck under the safety standards of cars by registering as motorcycles, where things like seatbelts, crumple zones and crash tests do not apply. When this takes effect, it will more than likely force New Jersey to follow suit, rendering the recently passed bill useless. It will have to be changed at further cost to the taxpayers of this state.
It is our hope that Governor Christie sees the logic in vetoing this bill.
[1] Downs, William. “What the Hell Is an Autocycle?” Live and Let Ride. April 01, 2016. Accessed July 01, 2016. https://liveandletride.wordpress.com/2016/04/01/what-the-hell-is-an-autocycle/#more-460.
[2] “Amend Definition of 3-Wheeled Vehicles.” Office of Information and Regulatory Affairs. Accessed July 01, 2016. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201510.
