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In short,
in Texas
you (not us) can tag a golf cart so that you can
drive
it on any street where the posted speed limit is 35 and slower.
You
may cross a street of a higher speed limit.
Neighborhood Electric Vehicle
and Motor Assisted
Scooter Information
The 78th
Legislature addressed the issue of new transportation technology.
The law now recognizes motor assisted scooters and Neighborhood
Electric Vehicles for limited street usage. The law can be found in
the Texas Transportation Code (TRC) as Subchapter D, Sections
551.301 and 551.302. Subchapter D became effective on September 1,
2003.
Cities and counties may prohibit operation of
these scooters on particular streets or highways for safety reasons,
as can the Texas Department of Transportation (TXDOT).
Along with the
"motor assisted scooter," the Legislature legalized the
"neighborhood electric vehicle." The "neighborhood electric vehicle"
is any vehicle subject to Federal Motor Vehicle Safety Standard 500.
They generally resemble a golf cart, but are larger-usually capable
of carrying four passengers-with a top speed between 20 M.P.H. and
25 M.P.H. Vehicles such as the John Deere Gator and Kawasaki Mule
are not neighborhood electric vehicles because they are not subject
to Federal Standard 500 in that they are designed to primarily carry
cargo rather than passengers. Like the motor assisted scooter,
neighborhood electric vehicles can be driven on any street or
highway with a posted speed limit of 35 M.P.H. or less, and may
cross streets or highways with a higher posted speed limit.
However, unlike the motor assisted scooter, a neighborhood electric
vehicle must be registered and have a license plate. The operator
must have a driver license and the vehicle or operator must be
covered with the required liability insurance or acceptable
substitute. In addition, these vehicles meet the TRC Section 547.001
definition of a "slow moving vehicle," and must carry a low speed
vehicle emblem. Finally, as with the motor assisted scooter, a city
or county may prohibit their operation on a street or highway for
safety reasons, as can TXDOT.
Texas
Transportation Code Subchapter D
551.301.
Definitions.
In this subchapter:
(1) "Neighborhood electric
vehicle" means a vehicle subject to Federal Motor Vehicle Safety
Standard 500 (49 C.F.R. Section 571.500).
(2)
"Motor assisted
scooter" means a self-propelled device with:
(A)
at least two wheels in
contact with the ground during operation;
(B)
a braking system capable
of stopping the device under typical operating conditions;
(C)
a gas or electric motor
not exceeding 40 cubic centimeters;
(D) a deck designed to allow a
person to stand or sit while operating the device; and
(E)
the ability to be
propelled by human power alone.
551.302. Operation on Roadway.
(a) A neighborhood electric
vehicle or motor assisted scooter may be operated only on a street
or highway for which the posted speed limit is 35 miles per hour or
less. The vehicle may cross a road or street at an intersection
where the road or street has a posted speed limit of more than 35
miles per hour.
(b) A person may operate a
motor assisted scooter on a path set aside for the exclusive
operation of bicycles or on a sidewalk. Except as otherwise
provided by this section, a provision of this title applicable to
the operation of a bicycle applies to the operation of a motor
assisted scooter.
(c) A county or municipality
may prohibit the operation of a neighborhood electric vehicle or
motor assisted scooter on any street or highway if the governing
body of the county or municipality determines that the prohibition
is necessary in the interest of safety.
(d) The department may
prohibit the operation of a neighborhood electric vehicle or motor
assisted scooter on a highway if it determines that the prohibition
is necessary in the interest of safety.
(e) A provision of this
title applicable to a motor vehicle does not apply to a motor
assisted scooter.
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