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Texas Reportedly Says No Polaris Slingshots

AirBender

One Ring To Rule Them All
Well the conflict hinges on the wording used to define a motorcycle in Texas. The Texas Department of Public Safety Motorcycle Operator?s Manual says three-wheelers are defined by certain characteristics, one of them being ?saddle seating,? meaning ?seating in which the rider/passenger straddles the vehicle? or ?If designed for a passenger, the passenger must be seated behind the operator (or in a separate passenger compartment in the case of a motorcycle with sidecar).? ....the full story can be read here ---> http://www.motorcycle-usa.com/3/19531/Motorcycle-Article/Texas-Reportedly-Says-No-Polaris-Slingshots.aspx

AB
 
AFAIK, this is an issue that the individual states are within their rights to define. As long as they don't contradict a federal law or statute.
 
the same thing is going on with the elio when or if it comes out.

The Elio is very confusing and I've been following it for years and have signed up to buy one if it ever comes about. Three wheels. The company only refers to it as a "vehicle". Their website says it anticipates receiving a 5 star crash rating, [ only cars are tested for this rating ] but they also state that they have successfully lobbied some states to remove the helmet and motorcycle endorsement requirements for their "vehicle". The passenger does ride behind the driver in the Elio.
 
I think Texas is right. It's a car in every way except the number of wheels and should have to meet car standards.
 
I think, in most states it'll be OK as a motorcycle.
For example- New Jersey's definition of a motorcycle...

"Motorcycle" includes motorcycles, motor bikes, bicycles with motor attached and all motor-operated vehicles of the bicycle or tricycle type, except motorized bicycles as defined in this section, whether the motive power be a part thereof or attached thereto and having a saddle or seat with driver sitting astride or upon it or a platform on which the driver stands.

It appears the seat defintition is quite vague and would cover just about anything.
 
Actually, I believe the Feds have the final say here. FMVSS 3 contains their definition of a motorcycle, and the Slingshot fits. And federal law preempts state laws where these safety standards are concerned. That's the same preemption that makes headlight modulators legal in all states despite state regulations.
 
Actually, I believe the Feds have the final say here. FMVSS 3 contains their definition of a motorcycle, and the Slingshot fits. And federal law preempts state laws where these safety standards are concerned. That's the same preemption that makes headlight modulators legal in all states despite state regulations.

Well ..... tough to argue with the 'Feds.'

Dang - still looks like a car to me.

However, not losing sleep over it. Wouldn't mind seeing one in person, just for curiosity's sake. :scratch
 
This Texan saw one in a TV spot last night...that is a CAR. Looks like a three wheel version of a Grand Prix car from the 60's:scratch
It looks more car than the Spyder does.
Looks pretty cool no matter what it's called.

And on the side mention of modulating headlights...wish they were included in the red/blue on the front only use by First Responders...not a fan:bolt
 
Actually, I believe the Feds have the final say here. FMVSS 3 contains their definition of a motorcycle, and the Slingshot fits. And federal law preempts state laws where these safety standards are concerned. That's the same preemption that makes headlight modulators legal in all states despite state regulations.

I may be wrong, but I don't think the Feds decide what is and what is not a motorcycle, that is left up to the states. The Feds do decide what safety equipment is needed once the vehicle is defined as whatever it is.
 
The problem with 50 different definitions is that your legally registered vehicle from state A may be illegal in state B, subjecting you to tickets, fines, or worse.
 
The problem with 50 different definitions is that your legally registered vehicle from state A may be illegal in state B, subjecting you to tickets, fines, or worse.

Nope. Both because one individual state cannot unduly burden interstate commerce and must give deference to other states' laws (as the Supremes have interpreted the Constitution), one state's vehicle requirements do not apply to, for instance, vehicles properly licensed in other states which come to the state temporarily, as on vacation. Thus, while Texas may under its own law decline to issue Texas licenses for the Slingshot, it must accept out-of-state licensed Slingshots while temporarily in Texas.

Not to say that zealous cops haven't issued tickets or worse, but only that those efforts are both uncommon and contrary to well-settled law.

I think cops often get away with violating this stricture regarding radar detectors, which are illegal in several states, because its not worth the motorists' or riders' time and money to fight back. Still, I think the general law should apply in these cases too.
 
So, to sum up - we care why?

:dunno

This is the BMW MOA forum. It's a caring place.

On the other hand as Polaris works to have the Slingshot approved it could result in rules changes that could impact people have passing interest in around here like sidecars and traditional trikes might make us care.

Or it may be just the case we are a bunch of gear heads with unheated garages and too much time on our hands.

:dunno
 
Nope. Both because one individual state cannot unduly burden interstate commerce and must give deference to other states' laws (as the Supremes have interpreted the Constitution), one state's vehicle requirements do not apply to, for instance, vehicles properly licensed in other states which come to the state temporarily, as on vacation. Thus, while Texas may under its own law decline to issue Texas licenses for the Slingshot, it must accept out-of-state licensed Slingshots while temporarily in Texas.

Not to say that zealous cops haven't issued tickets or worse, but only that those efforts are both uncommon and contrary to well-settled law.

I think cops often get away with violating this stricture regarding radar detectors, which are illegal in several states, because its not worth the motorists' or riders' time and money to fight back. Still, I think the general law should apply in these cases too.

I'm not talking strictly about registrations. If Texas rules that a particular vehicle is unsafe per se, they can probably ban it from their roadways regardless of what state issued the registration. Citing safety is a common practice in getting such restrictive laws passed.
 
Nope. Both because one individual state cannot unduly burden interstate commerce ...

Additionally, the Texas ruling by itself limits interstate commerce. Polaris built a vehicle that meets all federal requirements. Texas' refusal to register these vehicles limits Polaris' ability to conduct a lawful business.
 
I'm not talking strictly about registrations. If Texas rules that a particular vehicle is unsafe per se, they can probably ban it from their roadways regardless of what state issued the registration. Citing safety is a common practice in getting such restrictive laws passed.

I don't think it would work at all. If they tried it, what would they do when the proponents of the vehicle if they pulled out VW bugs, Yugos, early Honda Civics and many more vehicles that are clearly more dangerous than the Slingshot (Ever driven a Subaru 360?). It might be safer than some current cars like the Fiat 500 (modern Yugo?), Smart Car and other little bitty cars. I think Federal regulations prevail.
 
From what I have read to date Polaris was able to meet or exceed Federal NHTSA requirements for the Slingshot to be classified as a motorcycle for production and related safety/emissions regulations. Each state is allowed to have its own rules on if and how a vehicle is registered to be operated in that state. Texas is allowing sale for off road (track car/racing) but not allowing registration for on road use. If you operate a Slingshot that is legally registered in another state on a temporary basis Texas has to allow that use but can require you use some things such as insurance, compliant eye protection, helmets or other equipment which operators of vehicles that can legally be registered and in Texas are required to use when operating that class of vehicle.

All that said this could change at any time.

What qualifies as temporary use can vary greatly from one community to the next within a given state. I have rented to college students in two different homes and they have had mixed experiences with their cars even though they were clearly residents of another state as far as every other governing body was concerned except the ticketing officer.
 
I'm not talking strictly about registrations. If Texas rules that a particular vehicle is unsafe per se, they can probably ban it from their roadways regardless of what state issued the registration. Citing safety is a common practice in getting such restrictive laws passed.

Karl,

Wasn't safety. The articles I read indicated that Texas said they wouldn't license it because under TX law, motorcycle riders must "straddle" the seat. No straddle, like in (on) the Slingshot, and it's a car in Texas' view.
 
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Aside from the regulatory what it got called, I still do not view it as a motorcycle.
Steering wheel, side by side seating...what am I missing?
Y'all looking at the same pictures? It is described as a car several times here.

http://www.topspeed.com/cars/polaris/ke4619.html

Were the imported Isettas in the US a car or a bike?

Don't get me wrong, I would like the opportunity to DRIVE one
 
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