71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 173
LC 1535/SB 173-2
SENATE AMENDMENTS TO
SENATE BILL 173
By COMMITTEE ON GENERAL GOVERNMENT AND TRANSPORTATION
March 27
On page 1 of the printed bill, line 2, after '801.345, ' delete
the rest of the line and line 3 and insert '803.305, 806.020,
807.020, 811.050 and 811.440.'.
Delete lines 5 through 31 and delete pages 2 and 3 and insert:
' { + SECTION 1. + } { + Section 2 of this 2001 Act is added
to and made a part of ORS chapter 801. + }
' { + SECTION 2. + } { + ' Motor assisted scooter' means a
vehicle that:
' (1) Is designed to be operated on the ground with not more
than three wheels;
' (2) Has handlebars and a foot support or seat for the
operator's use;
' (3) Can be propelled by motor or human propulsion; and
' (4) Is equipped with a power source that is incapable of
propelling the vehicle at a speed of greater than 24 miles per
hour on level ground and:
' (a) If the power source is a combustion engine, has a piston
or rotor displacement of 35 cubic centimeters or less regardless
of the number of chambers in the power source; or
' (b) If the power source is electric, has a power output of
not more than 1,000 watts. + }
' { + SECTION 3. + } { + Sections 4 to 17 of this 2001 Act
are added to and made a part of ORS chapter 814. + }
' { + SECTION 4. + } { + An operator of a motor assisted
scooter upon a public way is subject to the provisions applicable
to, and has the same rights and duties as the operator of, any
other vehicle operating on highways except:
' (1) Those provisions that by their very nature can have no
application.
' (2) When otherwise specifically provided under the vehicle
code. + }
' { + SECTION 5. + } { + (1) A person operating a motor
assisted scooter commits the offense of unlawful operation of a
motor assisted scooter if:
' (a) The person is under 16 years of age; or
' (b) The person operates a motor assisted scooter at a rate of
speed exceeding 15 miles per hour.
' (2) The offense described in this section, unlawful operation
of a motor assisted scooter, is a Class D traffic violation. + }
' { + SECTION 6. + } { + (1) Except as provided in
subsection (2) of this section, a person commits the offense of
failure of a motor assisted scooter operator to use a bicycle
lane or bicycle path if the person operates a motor assisted
scooter on any portion of a roadway that is not a bicycle lane or
bicycle path when a bicycle lane or bicycle path is adjacent to
or near the roadway.
' (2) A person is not subject to this section if the operation
of a motor assisted scooter on a bicycle lane or bicycle path is
prohibited by local ordinance.
' (3) The offense described in this section, failure of a motor
assisted scooter operator to use a bicycle lane or bicycle path,
is a Class D traffic violation. + }
' { + SECTION 7. + } { + The State Parks and Recreation
Department may restrict or prohibit the operation of a motor
assisted scooter on a bicycle lane or bicycle path in a state
park. + }
' { + SECTION 8. + } { + (1) A person commits the offense of
improper operation of a motor assisted scooter on a highway if
the person is operating a motor assisted scooter on a highway
with a designated speed limit greater than 25 miles per hour.
' (2) This section does not apply if the person is operating a
motor assisted scooter on a highway with a designated speed limit
greater than 25 miles per hour and the person is operating the
motor assisted scooter on a bicycle lane.
' (3) The offense described in this section, improper operation
of a motor assisted scooter on a highway, is a Class D traffic
violation. + }
' { + SECTION 9. + } { + (1) A person commits the offense of
improper operation of a motor assisted scooter in a lane if the
person is operating a motor assisted scooter on a roadway at less
than the normal speed of traffic using the roadway at that time
and place under the existing conditions and the person does not
ride as close as practicable to the right curb or edge of the
roadway.
' (2) A person is not in violation of this section if the
person is not operating a motor assisted scooter as close as
practicable to the right curb or edge of the roadway under any of
the following circumstances:
' (a) When overtaking and passing another motor assisted
scooter or vehicle that is proceeding in the same direction.
' (b) When preparing to execute a left turn.
' (c) When reasonably necessary to avoid hazardous conditions
including, but not limited to, fixed or moving objects, parked or
moving vehicles, pedestrians, animals, surface hazards or other
conditions that make continued operation along the right curb or
edge unsafe or to avoid unsafe operation in a lane on the roadway
that is too narrow for a motor assisted scooter and vehicle to
travel safely side by side. Nothing in this paragraph excuses the
operator of a motor assisted scooter from the requirements under
ORS 811.425 or from the penalties for failure to comply with
those requirements.
' (d) When operating within a city as near as practicable to
the left curb or edge of a roadway that is designated to allow
traffic to move in only one direction along the roadway. A motor
assisted scooter that is operated under this paragraph is subject
to the same requirements and exceptions when operating along the
left curb or edge as are applicable when a motor assisted scooter
is operating along the right curb or edge of the roadway.
' (e) When operating a motor assisted scooter alongside not
more than one other motor assisted scooter as long as the motor
assisted scooters are both being operated within a single lane
and in a manner that does not impede the normal and reasonable
movement of traffic.
' (f) When operating on a bicycle lane or bicycle path.
' (3) The offense described in this section, improper operation
of a motor assisted scooter in a lane, is a Class D traffic
violation. + }
' { + SECTION 10. + } { + (1) A person commits the offense
of failure to signal for a motor assisted scooter maneuver if the
person is operating a motor assisted scooter and:
' (a) Stops the motor assisted scooter without giving the
appropriate hand and arm signal continuously for at least 100
feet before executing the stop.
' (b) Executes a turn or lane change on the motor assisted
scooter without giving the appropriate hand and arm signal for
the turn at least 100 feet before executing the turn.
' (c) Executes a turn on the motor assisted scooter after
having been stopped without giving, while stopped, the
appropriate hand and arm signal for the turn.
' (2) A person is not in violation of this section if the
person is operating a motor assisted scooter and does not give
the appropriate hand and arm signal continuously for a stop, turn
or lane change because circumstances require that both hands be
used to safely control or operate the motor assisted scooter.
' (3) The appropriate hand and arm signals for indicating
stops, turns and lane changes under this section are those
provided for other vehicles under ORS 811.395 and 811.400.
' (4) The offense described in this section, failure to signal
for a motor assisted scooter maneuver, is a Class D traffic
violation. + }
' { + SECTION 11. + } { + (1) A person commits the offense
of unsafe operation of a motor assisted scooter on a sidewalk if
the person operates a motor assisted scooter on a sidewalk,
except to enter or leave adjacent property, or the person
operates a motor assisted scooter on a sidewalk to enter or leave
adjacent property and the person:
' (a) Operates the motor assisted scooter so as to suddenly
leave a curb or other place of safety and move into the path of a
vehicle that is so close as to constitute an immediate hazard.
' (b) Does not give an audible warning before overtaking and
passing a pedestrian or does not yield the right of way to all
pedestrians on the sidewalk.
' (c) Operates the motor assisted scooter in a careless manner
that endangers or would be likely to endanger any person or
property.
' (d) Operates the motor assisted scooter at a speed greater
than an ordinary walk when approaching a crosswalk, approaching
or entering a driveway or crossing a curb cut or pedestrian ramp
and a motor vehicle is approaching the crosswalk, driveway, curb
cut or pedestrian ramp.
' (2) The offense described in this section, unsafe operation
of a motor assisted scooter on a sidewalk, is a Class D traffic
violation. + }
' { + SECTION 12. + } { + (1) A person commits the offense
of unsafe operation of a motor assisted scooter on a bicycle path
or bicycle lane if the person operates a motor assisted scooter
on a bicycle path or bicycle lane and does not give an audible
warning before overtaking and passing a pedestrian or does not
yield the right of way to all pedestrians on the bicycle path or
bicycle lane.
' (2) The offense described in this section, unsafe operation
of a motor assisted scooter on a bicycle path or bicycle lane, is
a Class D traffic violation. + }
' { + SECTION 13. + } { + (1) A person commits the offense
of operation of a motor assisted scooter in a crosswalk if the
person fails to walk the motor assisted scooter in a crosswalk.
' (2) The offense described in this section, operation of a
motor assisted scooter in a crosswalk, is a Class D traffic
violation. + }
' { + SECTION 14. + } { + (1) A person commits the offense
of carrying a passenger on a motor assisted scooter if the person
operates a motor assisted scooter and carries another person on
the motor assisted scooter.
' (2) The offense described in this section, carrying a
passenger on a motor assisted scooter, is a Class D traffic
violation. + }
' { + SECTION 15. + } { + (1) A person commits the offense
of operating a motor assisted scooter with an unlawful load if
the person is operating a motor assisted scooter and the person
carries a package, bundle or article that prevents the person
from keeping at least one hand upon the handlebars and having
full control at all times.
' (2) The offense described in this section, operating a motor
assisted scooter with an unlawful load, is a Class D traffic
violation. + }
' { + SECTION 16. + } { + (1) A person commits the offense
of failure of a motor assisted scooter operator to wear
protective headgear if the person operates a motor assisted
scooter on a highway or on premises open to the public and is not
wearing protective headgear of a type approved under ORS 815.052.
' (2) A person is exempt from the protective headgear
requirement of subsection (1) of this section if wearing the
headgear would violate a religious belief or practice of the
person.
' (3) The first time a person is convicted of an offense under
this section, the person may not be required to pay a fine if the
person proves to the satisfaction of the court that the person
has protective headgear of a type approved under ORS 815.052.
' (4) The offense described in this section, failure of a motor
assisted scooter operator to wear protective headgear, is a
traffic violation punishable by a maximum fine of $25. + }
' { + SECTION 17. + } { + (1) A person commits the offense
of endangering a motor assisted scooter operator if the person is
the parent, legal guardian or person with legal responsibility
for the safety and welfare of a child under 16 years of age and
authorizes or knowingly permits the child to operate a motor
assisted scooter in violation of section 5 (1)(a) of this 2001
Act.
' (2) The offense described in this section, endangering a
motor assisted scooter operator, is a traffic violation
punishable by a maximum fine of $25. + }
' { + SECTION 18. + } { + Section 19 of this 2001 Act is
added to and made a part of ORS chapter 815. + }
' { + SECTION 19. + } { + (1) A person commits the offense
of violation of motor assisted scooter equipment requirements if
the person:
' (a) Is the parent, legal guardian or person with legal
responsibility for the safety and welfare of a child under 16
years of age and authorizes or knowingly permits the child to
operate a motor assisted scooter on any highway in violation of
the requirements of this section; or
' (b) Operates a motor assisted scooter on any highway during
times of limited visibility conditions and the motor assisted
scooter is not equipped with, or the person does not use,
lighting equipment that meets the following requirements:
' (A) If the motor assisted scooter is equipped with lighting
equipment:
' (i) The lighting equipment must include a white light visible
from a distance of at least 300 feet to the front and sides of
the motor assisted scooter;
' (ii) The lighting equipment must have a red reflector or
lighting device, or material of such size or characteristic,
mounted to be visible from all distances up to 500 feet to the
rear when directly in front of lawful lower beams of headlights
on a motor vehicle; and
' (iii) The lighting equipment must have a white or yellow
reflector or lighting device, or material of such size or
characteristic, mounted to be visible from all distances up to
200 feet to the front of the motor assisted scooter.
' (B) If the motor assisted scooter is not equipped with
lighting equipment, the operator of the motor assisted scooter
must wear:
' (i) A white light mounted to be visible from all distances up
to 300 feet to the front and sides of the motor assisted scooter;
' (ii) A red reflector or lighting device, or material of such
size or characteristic, mounted to be visible from all distances
up to 500 feet to the rear when directly in front of lawful lower
beams of headlights on a motor vehicle; and
' (iii) A white or yellow reflector or lighting device, or
material of such size or characteristic, mounted to be visible
from all distances up to 200 feet to the front of the motor
assisted scooter.
' (2) Nothing in this section prohibits the use of additional
parts and accessories on any motor assisted scooter not
inconsistent with this section.
' (3) The offense described in this section, violation of motor
assisted scooter equipment requirements, is a Class D traffic
violation. + }
' { + SECTION 20. + } ORS 803.305 is amended to read:
' 803.305. This section establishes exemptions from the
requirements under ORS 803.300. The exemptions under this section
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be registered
by this state are not prohibited from being registered by this
state if registration is permitted under ORS 803.310. The
following are exempt, either partially or completely as
described, from the registration requirements under ORS 803.300:
' (1) Road rollers, farm tractors, trolleys and traction
engines are exempt from registration.
' (2) Bicycles are exempt from registration.
' (3) A vehicle is exempt from registration if it has
registration issued for the vehicle by the Armed Forces of the
United States where the registration is issued in a foreign
country to a vehicle owned by a member of the Armed Forces. The
exemption granted by this subsection applies only for a period of
45 days from the time the vehicle is returned to the United
States.
' (4) A vehicle is exempt from registration if it is not
operated on the highways of this state. No manufactured structure
is exempt by this subsection. This subsection does not affect any
exemption established under ORS 820.510.
' (5) A trailer is exempt from registration if it is equipped
with pneumatic tires made of elastic material and is not operated
in this state with a loaded weight of more than 1,800 pounds. No
trailer for hire, travel trailer, camper or manufactured
structure is exempt by this subsection.
' (6) Vehicles owned and operated by the United States
Government are exempt from registration.
' (7) Snowmobiles are subject to the requirements for
registration provided under ORS 821.080 to 821.110.
' (8) Manufactured structures are subject to ORS 803.300 as
provided under ORS 820.500, 820.510 and 820.530.
' (9) Implements of husbandry, well drilling machinery,
emergency fire apparatus providing public fire protection and
invalid chairs are exempt from registration.
' (10) Farm tractors and farm trailers on highways are exempt
from registration when the operation of the vehicle upon the
highway is incidental to its use in an agricultural operation.
' (11) Fixed load vehicles are exempt from registration while
the vehicles are operated:
' (a) In the construction or reconstruction of state or county
roads, highways or city streets; and
' (b) Within the immediate construction projects, as described
in the governmental agency contract under which the work is being
performed.
' (12) Motor vehicles designed to operate at a loaded weight
over 8,000 pounds, trailers and equipment are exempt from
registration while being used for the purposes of forest
protection and fire suppression under ORS chapter 477 or a
similar federal statute. The exemption under this subsection
applies to the vehicles or equipment described while being moved
to or from the work area. The exemption under this subsection
only applies to vehicles or equipment owned, leased, contracted
for or requisitioned by the State Forester or State Board of
Forestry, a contractor of the State Forester or State Board of
Forestry under ORS chapter 477 or the United States Government.
' (13) Vehicles being used for the purposes of forest
protection and fire suppression are exempt if the vehicles are
necessary in order to comply with ORS 477.615 or 477.650 or a
similar federal statute. The exemption under this subsection also
applies to the vehicles described being moved to or from the work
area.
' (14) Golf cart exemptions from registration are as provided
in ORS 820.210.
' (15) Vehicles currently registered and titled in any other
country, state or territory are not required to be registered by
this state. All of the following apply to this subsection:
' (a) This subsection only provides an exemption as long as the
owner of the vehicle satisfactorily shows that the owner is not a
resident of this state as described under ORS 803.200.
' (b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005 unless
otherwise provided for under paragraph (c) of this subsection.
' (c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the registration requirements under ORS
803.300 in the same manner as vehicles owned by persons in this
state. The following vehicles are not subject to this paragraph:
' (A) Vehicles operated under reciprocal registration
exemptions established under ORS 802.500 or 826.005.
' (B) Vehicles operated under an exemption established under
ORS 802.520.
' (C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007 and according to the
procedures established under ORS 826.009 and 826.011.
' (D) Any vehicle if duly registered and titled under the laws
of the state or country of which the owner is a bona fide
resident to the extent that in the foreign country, state,
territory or federal district where the owner resides like
exemptions and privileges are granted vehicles duly registered
and titled under the laws of this state and owned by residents of
this state.
' (d) If no exemption from registration requirements is in
effect under ORS 802.500, 802.520, 826.005 or 826.007 with
respect to another jurisdiction, any vehicle properly registered
and titled in such other jurisdiction and for which evidence of
compliance is supplied shall receive, when operated in this
state, the same exemptions, benefits and privileges granted by
such other jurisdictions to vehicles properly registered and
titled in this state. Reciprocity extended under this paragraph
shall apply to commercial vehicles only when engaged exclusively
in interstate commerce.
' (e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
' (16) Vehicles operated or used by vehicle dealers may be
operated or used without registration as provided under ORS
822.040.
' (17) Vehicles towed by towing businesses may be towed without
registration as provided under ORS 822.210.
' (18) Vehicles without registration may be transported by
vehicle transporters as provided under ORS 822.310.
' (19) Vehicles that are not registered may be operated under
trip permits described under ORS 803.600 or under permits
described under ORS 803.610 to 803.625.
' (20) If trailers that are part of a fleet of trailers for
hire are properly registered in this state under an agreement
entered into pursuant to ORS 802.500, all trailers that are
identified as being a part of the same fleet and that are
currently registered in any state, territory, province, country
or the District of Columbia shall be permitted to operate in this
state in both interstate and intrastate commerce without being
registered by this state.
' (21) Vehicles that are registered by the United States
Department of State and that are owned or operated by foreign
nationals with diplomatic immunity are exempt from registration.
' (22) Tow dollies and converter dollies are exempt from
registration.
' { + (23) Motor assisted scooters are exempt from
registration. + }
' { + SECTION 21. + } ORS 807.020 is amended to read:
' 807.020. A person who is granted a driving privilege by this
section may exercise the driving privilege described without
violation of the requirements under ORS 807.010. A grant of
driving privileges to operate a motor vehicle under this section
is subject to suspension and revocation the same as other driving
privileges granted under the vehicle code. This section is in
addition to any exemptions from the vehicle code under ORS
801.026. The following persons are granted the described driving
privileges:
' (1) A person who is not a resident of this state may operate
a motor vehicle without an Oregon license or driver permit if the
person holds a current out-of-state license issued to the person
by the person's home jurisdiction. To qualify under this
subsection, the person must have the out-of-state license or
driver permit in the person's possession. A person is not granted
driving privileges under this subsection:
' (a) If the person is under the minimum age required to be
eligible for driving privileges under ORS 807.060;
' (b) During a period of suspension or revocation by this state
or any other jurisdiction of driving privileges or of the right
to apply for a license or driver permit issued by this state or
any other jurisdiction; or
' (c) That exceed the driving privileges granted to the person
by the home jurisdiction of the person.
' (2) A person in the Armed Forces of the United States may
operate a motor vehicle without an Oregon license or driver
permit if the person:
' (a) Has a current out-of-state license or driver permit
issued by the Armed Forces; and
' (b) Is operating an official motor vehicle in the course of
the person's duties in the Armed Forces.
' (3) A person without a license or driver permit may operate a
road roller or road machinery that is not required to be
registered under the laws of this state.
' (4) A person without a license or driver permit may
temporarily operate, draw, move or propel a farm tractor or
implement of husbandry.
' (5) A person without a license or driver permit may operate a
motor vehicle to demonstrate driving ability during the course of
an examination administered under ORS 807.070 for the purpose of
qualifying for a license or driver permit. This subsection only
applies when an authorized examiner is in a seat beside the
driver of the motor vehicle.
' (6) Driving privileges for snowmobiles are exclusively as
provided in ORS 821.150.
' (7) Driving privileges for Class I all-terrain vehicles are
exclusively as provided in ORS 821.170.
' (8) Driving privileges for Class III all-terrain vehicles are
exclusively as provided in ORS 821.172.
' (9) A person without a license or driver permit may operate a
golf cart in accordance with an ordinance adopted under ORS
810.070.
' (10) The spouse of a member of the Armed Forces of the United
States on active duty who is accompanying the member on
assignment in this state may operate a motor vehicle if the
spouse has a current out-of-state license or driver permit issued
to the spouse by another state in the spouse's possession.
' (11) A person who is a member of the Armed Forces of the
United States on active duty may operate a motor vehicle if the
person has a current out-of-state license or driver permit in the
person's possession that is issued to the person by the person's
state of domicile or by the Armed Forces of the United States in
a foreign country. Driving privileges described under this
subsection that are granted by the Armed Forces apply only for a
period of 45 days from the time the person returns to the United
States.
' (12) A person who does not hold a motorcycle indorsement may
operate a motorcycle if the person is:
' (a) Within an enclosed cab; or
' (b) Operating a vehicle designed to travel with three wheels
in contact with the ground at speeds of less than 15 miles per
hour.
' (13) A person may operate a bicycle that is not an electric
assisted bicycle without any grant of driving privileges.
' (14) A person may operate an electric assisted bicycle
without a driver license or driver permit if the person is 16
years of age or older.
' { + (15) A person may operate a motor assisted scooter
without a driver license or driver permit if the person is 16
years of age or older. + }
' { - (15) - } { + (16) + } A person who is not a resident
of this state may operate a motor vehicle without an Oregon
license or driver permit if the person is at least 15 years of
age and has in the person's possession a current out-of-state
equivalent of a Class C instruction driver permit issued to the
person by the person's home jurisdiction. A person operating a
motor vehicle under authority of this subsection has the same
privileges and is subject to the same restrictions as a person
operating under the authority of a Class C instruction driver
permit issued as provided in ORS 807.280.
' { + SECTION 22. + } ORS 806.020 is amended to read:
' 806.020. This section provides exemptions from the necessity
for compliance with or proof of compliance with financial
responsibility requirements in accident reports under ORS
811.725, when applying for vehicle registration under ORS 803.370
or 803.460 and for operating a vehicle under ORS 806.010. The
owner or operator of a vehicle is exempt, as provided by this
section, from financial responsibility requirements if the
vehicle involved in the accident, sought to be registered or
operated is any of the following:
' (1) An antique motor vehicle issued permanent registration
under ORS 805.010.
' (2) A farm trailer.
' (3) A farm tractor.
' (4) An implement of husbandry.
' (5) A motor vehicle of special interest that is maintained as
a collector's item and used for exhibitions, parades, club
activities and similar uses, but not used primarily for the
transportation of persons or property.
' (6) A snowmobile, Class I or Class III all-terrain vehicle.
' (7) Any motor vehicle when the owner of the vehicle has
submitted to the Department of Transportation a statement, in
such form as may be required by the department, declaring that
the vehicle is continuously not being operated on the highways of
this state and explaining the reasons therefor. A person who
falsely certifies under this subsection is subject to penalty
under ORS 806.030.
' { + (8) A motor assisted scooter. + }
' { + SECTION 23. + } ORS 811.050 is amended to read:
' 811.050. (1) A person commits the offense of failure of a
motor vehicle operator to yield to a rider on a bicycle lane if
the person is operating a motor vehicle and the person does not
yield the right of way to a person operating a bicycle, electric
assisted bicycle, moped { + , motor assisted scooter + } or
motorized wheelchair upon a bicycle lane.
' (2) This section does not require { - persons - } { + a
person + } operating { - mopeds - } { + a moped + } to yield
the right of way to { - bicycles - } { + a bicycle or a motor
assisted scooter + } if the { - mopeds are - } { + moped
is + } operated on { + a + } bicycle { - lanes - } { +
lane + } in the manner permitted under ORS 811.440.
' (3) The offense described in this section, failure of a motor
vehicle operator to yield to a rider on a bicycle lane, is a
Class B traffic violation.
' { + SECTION 24. + } ORS 811.440 is amended to read:
' 811.440. This section provides exemptions from the
prohibitions under ORS 811.435 and 814.210 against operating
motor vehicles on bicycle lanes and paths. The following vehicles
are not subject to ORS 811.435 and 814.210 under the
circumstances described:
' (1) A person may operate a moped on a bicycle lane that is
immediately adjacent to the roadway only while the moped is being
exclusively powered by human power.
' (2) A person may operate a motor vehicle upon a bicycle lane
when:
' (a) Making a turn;
' (b) Entering or leaving an alley, private road or driveway;
or
' (c) Required in the course of official duty.
' (3) An implement of husbandry may momentarily cross into a
bicycle lane to permit other vehicles to overtake and pass the
implement of husbandry.
' (4) A person may operate a motorized wheelchair on a bicycle
lane or path.
' { + (5) A person may operate a motor assisted scooter on a
bicycle lane or path. + }
' { + SECTION 25. + } ORS 801.345 is amended to read:
' 801.345. 'Moped' means a vehicle, including any bicycle
equipped with a power source, other than an electric assisted
bicycle as defined in ORS 801.258 { + or a motor assisted
scooter as defined in section 2 of this 2001 Act + }, that
complies with all of the following:
' (1) It is designed to be operated on the ground upon wheels.
' (2) It has a seat or saddle for use of the rider.
' (3) It is designed to travel with not more than three wheels
in contact with the ground.
' (4) It is equipped with an independent power source that:
' (a) Is capable of propelling the vehicle, unassisted, at a
speed of not more than 30 miles per hour on a level road surface;
and
' (b) If the power source is a combustion engine, has a piston
or rotor displacement of { - 3.05 cubic inches or less or
50 - } { + 35.01 to 50 + } cubic centimeters { - or less - }
regardless of the number of chambers in the power source.
' (5) It is equipped with a power drive system that functions
directly or automatically only and does not require clutching or
shifting by the operator after the system is engaged.'.
----------