Texas Statutes For Elio

[WilliamH]

I keep running into confusing information about driving an Elio in Texas so I decided to look up the relative law on the subject.
The short answer is that if you have any kind of drivers license you can drive an Elio in Texas and you don't require a helmet.
Here are the pertinent extracts from Texas Statutes.
Hope this is helpful.
(Note: I am not a licensed attorney.)
....................
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS
CHAPTER 521. DRIVER'S LICENSES AND CERTIFICATES
SUBCHAPTER A. GENERAL PROVISIONS

Sec. 521.001. DEFINITIONS. (a) In this chapter:
(6-a) " Motorcycle " includes an enclosed three-wheeled passenger vehicle that:
(A) is designed to operate with three wheels in contact with the ground;
(B) has a minimum unladen weight of 900 lbs.;
(C) has a single, completely enclosed, occupant compartment;
(D) at a minimum, is equipped with:
(i) seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, 49 C.F.R. Section 571.207;
(ii) a steering wheel used to maneuver the vehicle;
(iii) a propulsion unit located in front of or behind the enclosed occupant compartment;
(iv) a seat belt for each vehicle occupant certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
(v) a windshield and one or more windshield wipers certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section 571.205, and Federal Motor Vehicle Safety Standard No. 104, 49 C.F.R. Section 571.104; and
(vi) a vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and
(E) is produced by its manufacturer in a minimum quantity of 300 in any calendar year.

Sec. 521.085. TYPE OF VEHICLE AUTHORIZED.
(a) Unless prohibited by Chapter 522, and except as provided by Subsection (b), the license holder may operate any vehicle of the type for which that class of license is issued and any lesser type of vehicle other than a motorcycle or moped.
(b) Subsection (a) does not prohibit a license holder from operating a lesser type of vehicle that is a motorcycle described by Section 521.001(a)(6-a).

TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE G. MOTORCYCLES AND OFF-HIGHWAY VEHICLES
CHAPTER 661. PROTECTIVE HEADGEAR FOR MOTORCYCLE OPERATORS AND PASSENGERS

Sec. 661.001. DEFINITIONS. In this chapter:

(1) " Motorcycle " means a motor vehicle designed to propel itself with not more than three wheels in contact with the ground, and having a saddle for the use of the rider. The term does not include a tractor or a three-wheeled vehicle equipped with a cab or occupant compartment, seat, and seat belt and designed to contain the operator in the cab or occupant compartment.

Sec. 661.002. DEPARTMENT TO PRESCRIBE MINIMUM SAFETY STANDARDS FOR PROTECTIVE HEADGEAR.
(a) To provide for the safety and welfare of motorcycle operators and passengers, the department shall prescribe minimum safety standards for protective headgear used by motorcyclists in this state.

 

[Neal]

Elio has reassured us that this is the case. Thank you for posting the actual statute.

 

[Jeff Porter]

Hey William, welcome to the forum! Thanks for your post.

Yes, it will happen from time to time, where normal folks like us, and even DMV employees, will give information that is confusing or incorrect or both.

I live in KS, and I asked Elio Motors on their FB page, they said no MC license needed. I asked the DMV, and they said yes MC license needed. I went back to EM FB page, they said something like "some DMV folks may not have all the facts".

So I said I'm not believing anybody, and I went through my state legislator to get a bill passed that will define an autocycle in KS and allow a normal driver's license for it. For KS, over 18 drivers don't need a helmet so I'm not fighting that battle.

But yes, the question has been asked quite a bit on the EM FB page and here, about Texas. Y'all should be good to go!

I too am not a licensed attorney, but sure wish I was one before I signed my divorce papers in 2009!! lol

 

[Catia]

I welcome you Williams, and I'm from Georgia.

 

[Jim H]

WilliamH, welcome from sunny New Mexico.

 

[Wizard16]

Hello,
I'm a new member. I'm really excited about the Elio. I'm retired so this vehicle would suit my needs perfectly. However, I think Elio and the rest of the Texas members need to work with our legislators. In the first post above a member kindly provided the regulations part of which is "and having a saddle for the use of the rider.". I had been looking at the Polaris Slingshot also. It is much more expensive but of similar design and construction. Polaris is prohibited from selling the Slingshot in Texas because it has seats and not a saddle. Please google that subject. Is there any other information available that allows Elio under other parts of the law - perhaps as a car? Thank you.

 

[Jim H]

Hello,
I'm a new member. I'm really excited about the Elio. I'm retired so this vehicle would suit my needs perfectly. However, I think Elio and the rest of the Texas members need to work with our legislators. In the first post above a member kindly provided the regulations part of which is "and having a saddle for the use of the rider.". I had been looking at the Polaris Slingshot also. It is much more expensive but of similar design and construction. Polaris is prohibited from selling the Slingshot in Texas because it has seats and not a saddle. Please google that subject. Is there any other information available that allows Elio under other parts of the law - perhaps as a car? Thank you.

Wizard16, welcome to the forum. There is plenty of information about legislation efforts on one of the threads on the forum. Also the Elio will have a motorcycle VIN number rather than an automobile VIN. We are generally a friendly helpful bunch so be sure to ask questions if you can't find the info on the forum. We look forward to your comment, questions, and opinions.

 

[Catia]

Hello,
I'm a new member. I'm really excited about the Elio. I'm retired so this vehicle would suit my needs perfectly. However, I think Elio and the rest of the Texas members need to work with our legislators. In the first post above a member kindly provided the regulations part of which is "and having a saddle for the use of the rider.". I had been looking at the Polaris Slingshot also. It is much more expensive but of similar design and construction. Polaris is prohibited from selling the Slingshot in Texas because it has seats and not a saddle. Please google that subject. Is there any other information available that allows Elio under other parts of the law - perhaps as a car? Thank you.

Welcome Wizard 16!

 

[Jambe]

Here's a response from Texas:

"Our customer service representative Ms. Hodge asked our office for a response to your question below regarding the Elio, 3 wheel vehicle manufactured in Louisiana.

After looking at our Transportation Code, the short version answer to your question, yes, you will be able to drive this vehicle with your existing Texas driver license. You will not be required to have a motorcycle endorsement to operate this “lesser type of vehicle” defined in Trans. Code Section 521.085. This is the statute that lists this vehicle as an exception to Trans. Code Section 521.002 (6-a) definition of a motorcycle for drivers license requirements. Trans. Code Section 661.001 defines a motorcycle for protective headgear requirements and is says that a helmet is NOT required because it is equipped with a cab or occupant compartment, seat and seat belt and is designed to contain the operator in the cab or occupant compartment.

The definition of a motorcycle for registration purposes is defined in Trans. Code Section 502.001 #(12). This vehicle meets the requirement to be registered as a motorcycle under Texas law.

Because of the 521.085 exception to driver license law, you do NOT have to have a motorcycle endorsement for this particular vehicle.

I hope this has answered your questions regarding the Elio motor vehicle.

Major Bob Bailey

Texas Highway Patrol

Austin, Texas Headquarters”

 

[WilliamH]

Hello,
I'm a new member. I'm really excited about the Elio. I'm retired so this vehicle would suit my needs perfectly. However, I think Elio and the rest of the Texas members need to work with our legislators. In the first post above a member kindly provided the regulations part of which is "and having a saddle for the use of the rider.". I had been looking at the Polaris Slingshot also. It is much more expensive but of similar design and construction. Polaris is prohibited from selling the Slingshot in Texas because it has seats and not a saddle. Please google that subject. Is there any other information available that allows Elio under other parts of the law - perhaps as a car? Thank you.

Welcome Wizard 16.
The part you're looking at is the part that provides the Teas Helmet exception in 661.001 talking about the definition of "Motorcycle" for the purpose of helmet laws. The second sentence says ......."The term does not include a tractor or a three-wheeled vehicle equipped with a cab or occupant compartment, seat, and seat belt and designed to contain the operator in the cab or occupant compartment.".............