MEMORANDUM

DATE: August 18, 2004

TO:County Treasurer and T&R Staff

FROM:Mathew Moser, Manager, Titles and Registrations Bureau

SUBJECT:Motorized Bikes and Scooters

In recent months we have experienced a large increase in the number of vehicles attempting to be registered as motorized bikes. These types of vehicles may be referred to as motorized bikes, mopeds, scooters, or motor driven scooters. Often County Treasurers and T&R staff are not provided adequate information to accurately determine if these types of vehicles meet the statutory definition of a non-highway vehicle, motorized bike or motorcycle and whether or not they may be registered. On occasion, this lack of information has led to incorrect registration. Consequently, all documentation for any vehicle a customer claims to be a motorized bike, moped, scooter or motor driven cycle should be scrutinized very carefully. As you know, current Kansas law requires a motorized bike to have two tandem wheels or three wheels, and may be propelled by either human power or helper motor, or by both, and which has:

(1) A motor which produces not more than 3.5 brake horsepower;

(2) a cylinder capacity of not more than 130 cubic centimeters;

(3) an automatic transmission; and

(4) the capability of a maximum design speed of no more than 30 milesper hour.

MSOs or other ownership documents submitted to County Treasurers or the Division of Vehicles may or may not contain the information necessary to determine if a vehicle may be registered as a motorized bike, motorcycle, or not registered at all. If more information is needed to properly assess whether or not a motorized bike, moped or scooter may be registered, Treasurers and T&R staff should request the customer to obtain additional documentation from the manufacturer. In addition to the above requirements for motorized bikes, there are other factors which may cause a motor vehicle to be disqualified from being registered.

  • All motorized bikes must have an MSO or title.
  • Any statement(s) on MSOs, titles or in owners manuals, instruction manuals, advertising, promotional literature, packaging, or web sites indicating a vehicle is not manufactured for street use, manufactured for off road or non-highway use only, automatically disqualifies it from registration.
  • Any data or statements referencing specifications or performance found in owners manuals, instruction manuals, advertising, promotional literature, packaging, or web sites which contradicts MSOs, titles or any other ownership document provided by a manufacturer may be cause for denying registration.

Reference Guide

The following words and phrases are used in the registration and enforcement statutes.

Definitions from 8-126.

"Motor vehicle" means every vehicle, other than a motorized bicycle or a motorized wheelchair, which is self-propelled.

"Motorcycle" means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term "tractor" as herein defined.

"Highway" means every way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel. The term "highway" shall not be deemed to include a roadway or driveway upon grounds owned by private owners, colleges, universities or other institutions.

Motorized bicycle" means every device having two tandem wheels or three wheels, which may be propelled by either human power or helper motor, or by both, and which has:

(1) A motor which produces not more than 3.5 brake horsepower;

(2) a cylinder capacity of not more than 130 cubic centimeters;

(3) an automatic transmission; and

(4) the capability of a maximum design speed of no more than 30 miles per hour.

Definition from 8-197.

"Non-highway vehicle" means any motor vehicle which cannot be registered because it is not manufactured for the purpose of using the same on the highways of this state and is not provided with the equipment required by state statute for vehicles of such type which are used on the highways of this state.

Definition of 8-1405.

"Bicycle" means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than fourteen (14) inches in diameter.

Definition of 8-1439.

"Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, and every bicycle with motor attached, except a motorized bicycle or an electric-assisted bicycle.

For registration purposes, all two or three wheeled vehicles, will fall into one of three categories, either non-highway, motorized bike or motorcycle.

Questions and Answers for Motorized Bikes, Scooters and Motorcycles

1. Can it be registered or is it a non-highway vehicle?

All vehicles attempting to be registered as a motorized bike or motorcycle must have the following:

An MSO or title

  • A statement it is manufactured for highway or on road use. Any indication the vehicle is manufactured for off-road, or not manufactured for highway or road use automatically disqualifies it for registration of any type. This type of information can come from a number of sources including instruction or owners manuals, promotional material, web sites or on the vehicle itself. Some examples of non-highway scooters currently on the market are “pocket rockets,” “mini-choppers,” “freedom scooters,” “pocket bikes,” and “quickscooters.”

2. Can it be registered as a Motorized Bike?

In addition to the above listed requirements, in order for a vehicle to be registered as a motorized bike it must have all of the following. After each requirement are some details and direction on how to determine if the documentation you have been provided indicates the vehicle meets the performance or design specifications.

  • Two tandem wheels or three wheels, which may be propelled by either human power or helper motor, or by both. These requirements are self-explanatory.
  • A motor which produces not more than 3.5 brake horsepower. Horsepower may be listed on an MSO in measurements of brake horsepower, S.A.E. (Society of Automotive Engineers), Watts(WA), or Kilowatts(KW). Brake horsepower can be listed no higher than 5.8 S.A.E, which converts to 3.4 brake horsepower. Horsepower listed in Watts can be no higher than 2,611, which converts to 3.5 brake horsepower, and Kilowatts no higher than 2.61, which also converts to 3.5 brake horsepower. If you are in doubt as to the horsepower rating listed on an MSO or title, you may request the customer to return to the dealer, or contact the manufacturer to obtain additional documentation specifying the brake horsepower rating for the vehicle being registered.
  • A cylinder capacity of not more than 130 cubic centimeters. This requirement is rarely a problem since most motorized bikes or mopeds are 49cc or less.
  • An automatic transmission. The vehicle must have a true automatic transmission. This means the motor must propel a drive gear, which in turn moves through a series of gears as the vehicle increases in speed without intervention of the rider. Any vehicle having a manual clutch, automatic clutch, centrifugal clutch, belt drive or single gear drive will not qualify and cannot be registered as a motorized bike. You may need to examine owner-operating manuals, dealer material, promotional material, or web sites to determine the exact type of transmission a vehicle is equipped with.
  • The capability of a maximum design speed of no more than 30 miles per hour. The key to this performance requirement is the word design. As with the automatic transmission requirement, you may need to examine owner-operating manuals, dealer or promotional material, or web sites to determine the design speed of the vehicle. Any vehicle designed to exceed 30 miles per hour cannot be registered as a motorized bike.

Summary

In the interest of public safety, it is paramount that we endeavor to ensure only vehicles meeting all the statutory requirements are registered. The ever increasing flood of mopeds and scooters of all sizes, specifications and performance has created a greater challenge in carrying out our duties. County and state personnel should examine all available documentation, question customers and if necessary, have them contact manufacturers for additional information. When processing transactions for scooters, mopeds or motorized bikes:

  1. Determine whether or not it is a non-highway vehicle. If it is non-highway, it cannot be registered.
  1. If it is not a non-highway vehicle, does it meet or exceed the specifications or performance standards for a motorized bike? If it is highway worthy, and meets the requirements of a motorized bike, it may be registered as a motorized bike.

3. If it is a highway worthy vehicle and exceeds the specifications or performance standards of a motorized bike, it may only be registered as a motorcycle.

04-075