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Who administers
vehicle safety regulations?
In the USA, nearly all safety regulations regarding
motor vehicles are administered by the federal
government through the
US
Department of Transportation (DOT). This agency,
through the
National Highway Traffic Safety Administration,
decides safety standards for all new vehicles sold new
or otherwise imported into the USA. Some of their
concerns include braking and lighting systems, tires and
rims, crash-worthiness and other such concerns,
evaluated according to publicly available standards.
Unfortunately, these standards were not developed in
conjunction with other countries, so often vehicles
certified as safe in Japan or Europe (for example) will
still not typically meet more stringent US standards.
This is why manufacturers must make a conscious decision
if they want to market their scooters in the USA and if
so, to make whatever modifications are necessary to meet
DOT concerns and regulations. This is usually a
time-consuming and expensive process, unless less
stringent standards have been assigned for that vehicle
class, such as has been done for mopeds. All government
agencies in the USA either classify scooters as mopeds
(if they're under 50cc and otherwise qualify) or by
default, as motorcycles. There are no scooter
regulations per se. Additionally, individuals wishing to
personally import vehicles not already DOT approved must
follow the rules governing personal importation of
non-conforming vehicles. [12/99]
Who administers regulations
regarding vehicle emissions?
The US
Environmental Protection Agency (EPA) is a federal
bureau delegated the task of enforcing American laws
governing air, water and land pollution. This agency
sets standards for all motor vehicles sold and imported
into the USA for tailpipe emissions and this typically
affects scooters. EPA standards are much more lax for
vehicles under 50cc (which are usually, but not always,
considered mopeds) than for larger vehicles. Contrary to
popular myth, the EPA has never "outlawed" two-stroke
engines in the USA of any size, though as a practical
matter, most of them above 50cc can no longer meet the
standards and thus are not allowed to be imported or
manufactured, though obviously technical advancements
may get around that problem. Further, each of the
various 50 states has the right to impose stricter
emission standards then the federal government, but
never more lax ones. In particular, the most populous US
state (about 10% the US total), California, has chosen
to utilize this option, because of severe air quality
problems. This is why vehicles must typically be
certified as either "CA compliant" (California only) or
"US compliant" (the other 49 states). It should be
further noted that other US states, especially in the
northeast (NY, MA, CT, etc.) are planning to adopt the
stricter CA standards on emissions, though it is unclear
at this time how or even if this will affect scooters
(because they may exempt motorcycles and mopeds).
[12/99]
Who oversees vehicle import
regulations?
Anything imported into or out of the USA must pass
through the domain of the
US Customs Service. Among other functions, this
agency enforces all applicable US laws governing the
import of motor vehicles like scooters. seeks to stop
shipments that are intended to somehow circumvent
current US laws. They also collect taxes called duties
on shipments generally not intended for personal use, as
when scooters are shipped in freight containers for
resale. All scooters imported into the USA, whether for
resale or personal use, must "clear" US Customs, which
means this agency must certify the shipment contains
goods in conformance with current US laws. Often this
becomes a major issue when someone wishes to personally
import a scooter into the USA. The proper procedure is
to have paperwork for customs officials that certifies
the vehicle meets all applicable regulations for safety
and emissions. Often individuals do not have such
documentation and then they have two choices. First,
they can utilize licensed agents to make these
certifications. Though exact figures are difficult to
obtain, it appears these agents most commonly handle
very exotic motorcycles and because of this, they
typically charge fees ranging from $1000 and up. The
other alternative is for the individual to collect all
the proper documentation while their scooter sits in a
US Customs Bureau warehouse. Some people get around
these issues by buying from dealers in Europe and paying
to disassemble them and then ship them to the USA as
"parts". Many of the larger European shops can and will
do this for you. If you are buying "parts" for personal
use, there is typically no tax or duty. However, it's
important that the shipment be broken into at least
three boxes, one being the bare frame, another the
engine, and the third would be everything else. Anything
less than three boxes would make it appear you're not
really shipping parts, but simply a disassembled vehicle
masquerading as parts. Any competent scooter shop in the
USA can then re-assemble the scooter for you, assuming
you don't want to do it yourself. It's legal to buy new
parts and it's legal to make scooters from parts, it's
just not legal to break down new scooters to get around
US Customs regulations in this way, so you should
consider the moral and legal ramifications of this
approach. The most common penalty for being caught
smuggling illegal scooters into the US is forfeiture
(destruction of the scooter) and fines. Depending on the
flagrancy of the violation (accidental versus willful),
probation may also be imposed. Imprisonment is only
sought for repeat offenders. [12/99]
Who administers vehicle licensing
& registration?
In the USA, all regulations governing the licensing &
registration of both operators and their vehicles are
strictly handled by each of the 50 states or various
territorial governments exclusively. There is no federal
jurisdiction in this area and thus there are more than
50 answers to many common questions about these kinds of
regulations. That said, there are some generalities that
can be stated. First, there is no US state or territory
that specifically regulates "scooters", but instead,
each at least classifies them as either mopeds or as
motorcycles. Some states and territories further
classify motorcycles according to engine size, but
again, such distinctions do not take scooters
specifically into account. [12/99]
SCOOTERS IN THE USA -- GENERAL:
What are the current trends of the scooter market in the
USA?
Perhaps the most interesting news of late is the
re-introduction in November 2000 of Vespa scooters to
America, through their new subsidiary, Piaggio USA. Read
the AP news report as re-published by
MotorcycleWorld.com. Piaggio USA is initially just
selling their 150cc Vespa ET4 and 50cc Vespa ET2 models,
though they promise more models will eventually be
imported. Following fast on their heels, Honda USA is
introducing in Feb '01 their new 250cc Reflex scooter
model, which seems to finally be the long awaited
replacement for the venerable, but aging Helix. Yamaha
is going the vintage route by introducing their 50cc "Vino"
model in Feb '01. And to keep it all interesting, Bajaj
Auto of India has created a new American subsidiary
called Bajaj USA to sell three models (including two
150cc metal-bodied scooters styled like the Vespa PX150)
beginning spring or summer of 2001. This is all in
addition to the many new scooter models already being
sold in the USA by Aprilia, Derbi, Hyosung, Italjet,
Kymco, Sundiro, Yamaha and many others. See the next
section for more details. [1/01]
Why are there so many more models
sold in Europe than the US?
The explanation largely comes down to the fact that
scooters are far more popular in Europe than in the USA.
Europe has very high fuel prices, congested city streets
with limited parking and a long history of accepting
scooters as respectable transportation, which all leads
to far greater interest in scooters. As a result of this
greater utility, Europeans are typically willing to
spend more on their scooters than are Americans, who
tend to view high scooter prices in Europe with either
horror or amusement. Also, safety and emissions
regulations between Europe and the USA vary greatly,
which means scooters legal in Europe often require
extensive modifications to be made legal for the
American market. Most scooter makers in the world simply
can not justify the expense of meeting these regulations
given the relatively weak US market demand. It is also
expensive to create new dealer networks in the US market
presently. Additionally, the US media market for
advertising is among the most expensive in the world,
adding to the expense to promote new makes and models
and the vast expanse of the US creates issues of
transport costs and market penetration, which makes
bringing new scooters all the more daunting. Lastly, the
US is notorious around the world for litigating the
safety of two-wheelers and many manufacturers get
nervous about that when looking to enter the market.
What will insurance and
registration cost?
Though this is an extremely common question, there is no
simple answer. It depends first and foremost on how your
scooter will be classified. If as a moped, this will
result in the lowest possible fees in all cases. It will
also depend on your driving history, where you live and
whatever other policies your insurance carrier will have
with you. Most carriers discount for mulitple policies,
as when several family members carry policies from them
or when you carry both auto and scooter insurance
together. It should be noted that in nearly all cases,
you will either register and insure your scooter as a
moped or as a motorcycle and not as a "scooter".
Whenever in doubt, inquire at your local registration
bureau (usually the same one that handles automobiles)
and with your local insurance agent. It is especially
difficult to predict insurance costs and it is usually
best to shop around for the best coverage at the lowest
cost.
How can I get a title when the
seller has none?
There are several companies that exist just to help
obtain titles when the seller has none. Among the more
popular ones would be
International Title Service and Broadway Title
Service. All title companies use the most lenient state
title laws (currently New Hampshire and Alabama) to
produce transferable titles. Technically, you "sell"
them your scooter, they title it in one of these states,
and then "re-sell" it to you. There have been recent
reports that some states are now refusing Alabama titles
by these services, so you might want to check that out
in your case. And of course, all states have procedures
you can follow to make up for a lost title, though often
they are lengthy and complicated. Lastly, it should be
noted that "title" is a certificate of ownership and
that some states do NOT require a title to register your
scooter. Please check with your local motor vehicle
bureau for the regulations applicable to your state.
What is the minimum engine size
needed for highways in the US?
Contrary to popular belief, there is no one single
standard that governs all federal interstate highways as
to minimum speed. Nearly all speed regulation in the USA
is done by individual state authorities, and thus there
are 50 different answers to this question. In general,
you must have at least a 150cc engine to operate on any
major highway in the USA, along with the ability to not
impede traffic, no matter how fast a speed that may
require. In most cases, it's highly advisable to have at
least 200cc for any highway driving at all and
preferably more.
Can I import a model not
sold in the USA?
Theoretically, the answer often is "yes", but with major
reservations. First, all scooter models never sold in
the USA typically have never passed regulations
governing safety (administered by the DOT) or emissions
(administered by the EPA), so these two major issues
must be dealt with before even making any arrangements
with overseas dealers. If the vehicle is used and
already owned by the person seeking to import it, often
the regulations are easier, though not if this model has
never been legal for US import. Overall, it's much
easier to buy a Grey market, scooter then to somehow
import one yourself. Because even Americans commonly
confuse the dividing lines between state and federal
jurisdiction over motor vehicles in the USA and are thus
confused which government agencies and at what levels
will handle the various issues involved in personal
importation, the maze that must be navigated is rather
daunting. |