Is It A Scooter, A Moped Or A Motorcycle?

As Seen in Thunder Road Magazine

Edited 8/29/16 to reflect new law

 

I’m working on a case right now where my client was riding on an “automatic type, 2-wheeled motor bike.”  This means that it does not have a clutch and does not require the operator to change gears while driving.  The bike simply had brake levers on the handle bars and a hand throttle.  There were no controls for the feet to operate, just a platform where your feet would rest during operation.  When I obtained the police report, the officer wrote that my client was on “a scooter.”  The initial binder from the insurance company called the vehicle “a scooter.”  The policy issued for the vehicle called it “a motorcycle.”  The registration listed the vehicle as “a motorcycle” and the original title listed it as “a motor scooter.”  Confused yet?

So, what is the legal term for the vehicle this man was riding and why does it matter?  There are two sections of the Michigan Complied Laws (these are the statutes or laws of the State of Michigan) that are relevant here.  The first is the Vehicle Code and is cited as MCL 257.1 through 257.923.  It deals with laws that apply to motor vehicles for example, moving violations like speeding, vehicle emissions standards, etc.  The code even deals with snowmobiles, off-road vehicles and limousines.  The second section of laws is the Michigan No-Fault Law and is found at MCL 500.3101 through 500.3179.  The No-Fault Law deals with the requirement that certain vehicles be insured, and basically has to do with all parties’ rights and duties after vehicle collisions.  For example, the No-Fault Law describes who or what insurance company is responsible for paying medicals bills, the collision damage to a vehicle, whether a person can be compensated for an injury, and more.  

Here are some relevant definitions from the Vehicle Code:
 
MCL 257.31 “Motorcycle” defined “Motorcycle” means every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground but excluding a tractor.

MCL 257.32b “Moped” defined. “Moped” means a 2- or 3-wheeled vehicle which is equipped with a motor that does not exceed 100 cubic centimeters piston displacement, produces 2.0 brake horsepower or less, and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface. The power drive system shall not require the operator to shift gears.

The definitions of “motorcycle” and “moped” are significant in the Vehicle Code (MCL Chapter 257) because vehicles that meet these definitions are subject to registration, having a license plate, laws regarding renting, motorcycle endorsements, specification requirements or restrictions regarding equipment such as head lamps, handlebars, noise, etc.
 
Analysis:
Basically, just take away from the Vehicle Code definitions that if the 2 or 3 wheeled vehicle is 100cc’s or more it needs a license plate, insurance, and its operator must have a motorcycle endorsement.

Now to the No-Fault Law’s definitions and requirements:
 
MCL 500.3101  (c) "Motorcycle" means a vehicle having a saddle or seat for the use of the rider, designed to travel on not more than 3 wheels in contact with the ground, which is equipped with a motor that exceeds 100 cubic centimeters piston displacement. The wheels on any attachment to the vehicle shall not be considered as wheels in contact with the ground. Motorcycle does not include a moped, as defined in section 32b of the Michigan vehicle code, 1949 PA 300, MCL 257.32b. Motorcycle does not include an ORV.

MCL 500.3113 Persons not entitled to personal protection benefits.  (b) The person was the owner or registrant of a motor vehicle or motorcycle involved in the accident with respect to which the security required by section 3101 or 3103 was not in effect.

Analysis:
Basically take away from the No-Fault Law (MCL 500.3101) that if the 2-wheeled vehicle is, again, over 100cc’s you are only entitled to No Fault benefits (including payment of medical bills forever) if a “motor vehicle” (car, truck, van, bus but NOT a motorcycle) is involved in the crash.  AND if you are the owner and operator of an uninsured motorcycle, you do not get any No-Fault benefits; this is very significant.

Interesting Tidbit:
Did you know that to operate a moped on public streets, you must have a regular driver’s license or a special moped license? Therefore, a person who loses his or her license for say drunk driving cannot use a moped to get to and from work.  The special moped license is usually utilized by 15-year-olds who are under the age limit to obtain a ‘regular’ operator’s license.

So, even though your vehicle looks like “a scooter” or drives like “a moped,” the key component is whether it exceeds 100 cubic centimeters piston displacement.  If so, the State of Michigan considers it “a motorcycle.” There may be significant ramifications for not following the letter of the law.  A misdemeanor traffic ticket for not having a motorcycle endorsement or proof of insurance is minor compared to being excluded from No Fault benefits, the loss of which could I have seen on many occasion bankrupt a family when confronted with huge medical bill for accident-related injuries.
 

 

 

 

 

 

Attorney Jason A. Waechter is a Michigan attorney specializing in the areas of motorcycle and motor vehicle injury litigation as well as Michigan’s Motor Vehicle No- Fault Law. Mr. Waechter has collected millions of dollars in settlements, awards and verdicts for his motorcycle clients over the past 20 years.  A portion of each case settled goes to educational resources for bikers, funds to help bikers while their cases are being litigated and our motorcycle accident prevention campaign.  Call Attorney Jason Waechter toll free at 1-877-BIKER LAW. Or visit

* There are exceptions—if the guy was uninsured.  Further, the law is very fact dependent and there are many nuances and exceptions depending on your particular circumstances. Therefore, given the limited space, it is impossible to cover everything. Do not rely on this short article to protect your rights.