A Look At Non-Traditional Vehicles Within The Motor Vehicle Insurance Context
When taking to the road this summer, beware! They are out in force! This warning does not refer to the Minnesota State Patrol, although one should be careful about not speeding and other driving offenses. The warning applies instead to the variety of non-traditional vehicles operated with increasing frequency by adults and children on roads. The term “non-traditional vehicle” refers to any gas or electrically powered vehicle, other than an automobile or a motorcycle, used for personal transportation. A good number of these non-traditional vehicles are neither “motor vehicles” nor “motorcycles” for purposes of the Minnesota No-Fault Automobile Insurance Act, meaning there may be no insurance coverage available to parties injured due to their use or operation on Minnesota roads.
Non-traditional vehicles fall in at least four separate categories: cycle-type vehicles, skateboard-type vehicles, go-carts, and personal assistive mobility devices. Cycle-type vehicles include motorized scooters, Vespas, motorized bicycles, minibikes, and miniature motorcycles, sometimes called “pocket bikes”. These vehicles typically resemble motorcycles or scooters powered by a gas or electric motor. Motorized scooters have a set of handlebars, have no pedals, and may or may not have a seat. One type of motorized scooter, called a “Vespa,” looks like a cross between a motorcycle and a scooter. Vespas can, and often are, operated on public roads.
A motorized bicycle is a vehicle consisting of two tandem wheels connected by a frame, a seat, a set of working pedals, a set of handlebars, and a small motor to assist in propulsion. One can think of these conveyances as souped-up bicycles.
Most of us are familiar with minibikes, vehicles with an almost bicycle-like frame, two wheels, no pedals, handlebars, and a small lawn mower engine used for propulsion. Much like the proverbial “old grey mare,” minibikes are not what they used to be. Today’s minibike is essentially a dwarf-sized version of a typical street motorcycle, called a miniature motorcycle or “pocket bike”. Advertisements even refer to them as “miniature Harley’s.” Some cost less than $200.00, stand only sixteen inches from the ground, and travel at speeds of sixty miles per hour or more.
Equally novel are the skateboard-type vehicles, consisting of motorized skateboards and the wheelman. A motorized skateboard is just what the name implies: a large skateboard propelled by a motor that is usually gas powered. Some of those conveyances have four wheels, while others have two wheels. The motorized skateboards with four wheels are sometimes referred to as four-by-four gas powered skateboards. Some of these vehicles can reach speeds of twenty-five miles per hour. The wheelman is a two-wheeled device that resembles a skateboard but is ridden like a snowboard. The operator stands on the wheelman much as he or she would stand on a snowboard. In one hand the operator holds a brake control.
Go-carts are nothing new in and of themselves. Those vehicles typically have four wheels and are propelled by a small, gas powered engine. Some may have roll-over protection devices, while others merely have brush guard bars. The typical go-cart can travel at speeds of twenty to twenty-five miles per hour. Still others are used as small racing cars and can travel over one hundred miles per hour. One manufacturer’s internet advertisement boasts that it’s product is “just the thing for Junior!” It is a cart with a one hundred-five horsepower motor capable of ninety-two thousand rpm! (Yes, believe it or not, that’s 92,000 rpm.)
Personal assistive mobility devices consist mainly of segways and wheelchairs. A segway is a device that generally consists of a small, flat rectangular platform with wheels or small tires attached to the short ends of the platform. A set of handlebars rises from the front end of the platform which contains speed and directional controls. The platform is controlled by an electric motor. These items generally designed to transport not more than one person and are operated by an electric motor capable of traveling no more than 15 miles per hour. Wheelchairs accomplish generally the same purpose as segways. The difference is that the operator sits in a chair which may or may not be electrically propelled. Minnesota Statutes define a “wheelchair” as “any manual or motorized wheelchair, scooter, tricycle, or similar device used by a disabled person as a substitute for walking.” Minn. Stat. § 169.01, subd. 24a.
Where do these non-traditional vehicles fit within the context of motor vehicle insurance? To answer that question, one should apply a two-step analysis: (1) Can the vehicle be considered a “motor vehicle” for purposes of the Minnesota No-Fault Automobile Insurance Act? (2) If not, can the vehicle be considered a “motorcycle”? Applying this analysis will dictate where a non-traditional vehicle fits within the context of motor vehicle insurance law.
How do we know what non-traditional vehicles are “motor vehicles”? The No-Fault Act specifically defines a “motor vehicle” as “every vehicle, other than a motorcycle or other vehicle with fewer than four wheels, which (a) is required to be registered pursuant to chapter 168, and (b) is designed to be self-propelled by an engine or motor for use primarily upon public roads, highways or streets in the transportation of persons or property, . . .”. Minn. Stat. § 65B.43, subd. 2. Two considerations are important to that definition: (1) whether the vehicle must be registered; and (2) whether it is designed for public road, highway, and street operation. If either of those considerations are not satisfied, the vehicle is not a “motor vehicle,” meaning that injuries caused by those vehicles, standing alone, do not trigger standard automobile insurance coverage. Of the non-traditional vehicles discussed above, motorized skateboards, wheelchairs, and go-carts have four wheels. None of them are required to be registered, meaning that those non-traditional vehicles do not trigger standard automobile insurance coverage.
A non-traditional vehicle can be considered a “motorcycle” if it fits within the statutory definition. A “motorcycle” is defined by Minn. Stat. § 65B.43, subd. 13 as a self-propelled vehicle designed to travel on fewer than four wheels which has an engine rated greater than five horsepower and includes: (1) a trailer with one or more wheels when connected to or being towed by the motorcycle; and (2) a “motorized bicycle” as defined by Minn. Stat. § 169.01, subd. 4a. A “motorized bicycle” is “a bicycle that is propelled by a motor piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged.” Minn. Stat. § 169.01, subd. 4a. Scooters do not qualify as “bicycles” for purposes of Minn. Stat. § 169.01, subd. 51, meaning that powered scooters whose motors do not allow them to fit directly within the definition of a “motorcycle,” likely do not qualify as “motorized bicycles” and, hence, probably cannot be considered “motorcycles.”
Of the non-traditional vehicles discussed above, which qualify as “motorcycles”? Vespas, motorized scooters, minibikes, and miniature motorcycles can be considered motorcycles if their motor size fits the profile of Minn. Stat. § 65B.43, subd. 13. Motorized bicycles or mopeds may qualify as “motorized bicycles,” and hence “motorcycles,”provided they fit the profile of a “motorized bicycle” set forth in Minn. Stat. § 169.01, subd. 4a.
The bottom line to this discussion is that none of the non-traditional vehicles discussed above qualify as “motor vehicles,” meaning that standard automobile insurance coverage is not triggered by their use or operation. Only some of the non-traditional vehicles discussed above can be considered “motorcycles.” Those which can be considered as “motorcycles” should be insured under a motorcycle policy providing liability coverage. That policy may include uninsured (“UM”) and underinsured motorist (“UIM”) coverages. A “pedestrian” injured by one of those “motorcycles” when used on the road can make a claim for PIP coverage under the “pedestrian’s” automobile policy. Because PIP coverage is unavailable to a person who sustains injury while on, mounting or alighting from a “motorcycle,” PIP coverage is unavailable to the injured user of that kind of non-traditional vehicle. If the injured user owns the “motorcycle,” the injured user is not entitled to UM or UIM coverage available under his or her automobile policy. If the injured user does not own the “motorcycle,” that person is entitled to UM or UIM coverage available under his or her automobile policy. Insurance coverage will not likely be found within the context of Minnesota motor vehicle insurance for non-traditional vehicles that fall outside the realm of “motor vehicles” and “motorcycles.”
About the Author: Paul has experience defending insurance and commercial clients involved in product liability, personal injury, dram shop, and employment cases. A sizeable portion of his practice is devoted to the defense of asbestos claims in various jurisdictions. Paul also has experience defending automobile insurance disputes involving bodily injury and no-fault claims, in addition to uninsured coverage issues. Within his first two years of practice, Paul represented the defense in two jury trials, both resulting in verdicts favorable to his clients. During the same time period, Paul made two successful appearances in the Minnesota Court of Appeals.