Us Senator Vitter Introduces Autocycle Safety Act - S.685

[Cache Man]

Here is a link to a Vitter/Elio article:
http://www.nola.com/politics/index.ssf/2015/03/not_a_car_not_a_motorcycle_new.html

 

[WilliamH]

Another semi positive view of Vitter's rules.

http://gas2.org/2015/03/17/new-rules-three-wheeled-vehicles-proposed/

 

[BigWarpGuy]

Autoblog. How would this affect the Elio? It seems the Elio might be one of the reason for the legislation?

 

[goofyone]

Full text of bill now available online:

[Congressional Bills 114th Congress]
[From the U.S. Government Printing Office]
[S. 685 Introduced in Senate (IS)]

114th CONGRESS
1st Session
S. 685

To prescribe safety standards for autocycles and related equipment, and
for other purposes.


_______________________________________________________________________


IN THE SENATE OF THE UNITED STATES

March 10, 2015

Mr. Vitter introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

A BILL



To prescribe safety standards for autocycles and related equipment, and
for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the Autocycle Safety Act.

SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.

(a) Defined Term.--Section 30102(a) of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (1) through (11) as
paragraphs (2) through (12), respectively; and
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) `autocycle' means a motor vehicle with 3 wheels, an
enclosed occupant compartment, and a steering wheel, which
meets applicable Federal motor vehicle safety standards, as
determined necessary by the Secretary of Transportation through
regulation.''.
(b) Applicability of Motor Vehicle Safety Standards to
Autocycles.--Chapter 301 of title 49, United States Code, is amended--
(1) in the table of sections, by striking the items
relating to sections 30113 and 30114 and inserting the
following:

``30113. Exemptions.
``30114. Autocycles.'';
(2) in section 30113, by amending the section heading to
read as follows:
``Sec. 30113. Exemptions'';
(3) by redesignating section 30114 as subsection (i) of
section 30113; and
(4) by inserting after section 30113, as amended by
paragraph (3), the following:
``Sec. 30114. Autocycles
``(a) Interim Safety Standards for Autocycles.--During the period
beginning on the date of the enactment of the Autocycle Safety Act and
ending on the effective date of the rules issued pursuant to subsection
(c), a person satisfies the requirements set forth in section 30112(a)
with regard to an autocycle if the autocycle--
``(1) complies with the motor vehicle safety standards for
passenger vehicles with gross vehicle weight ratings of less
than 10,000 pounds, as set forth in Part 571 of title 49, Code
of Federal Regulations, relating to--
``(A) seating systems (FMVSS 207);
``(B) belted occupant crash protection (FMVSS 208);
``(C) seat belt assemblies (FMVSS 209);
``(D) seat belt assembly anchorages (FMVSS 210);
``(E) child restraint systems (FMVSS 213);
``(F) roof crush resistance (FMVSS 216);
``(G) child restraint anchorage systems (FMVSS
225); and
``(H) flammability of interior materials (FMVSS
302);
``(2) meets the performance criteria relating to upper
interior impact set forth in FMVSS 201 to the extent possible
to reach the target points;
``(3) is equipped with a steering wheel air bag, 2 curtain
side impact air bags, anti-lock brakes, and electronic
stability control; and
``(4) complies with the motor vehicle safety standards for
motorcycles, as set forth in Part 571 of title 49, Code of
Federal Regulations, relating to--
``(A) brake hoses (FMVSS 106);
``(B) lamps, reflective devices, and associated
equipment (FMVSS 108);
``(C) rearview mirrors (FMVSS 111);
``(D) motor vehicle brake fluids (FMVSS 116);
``(E) new pneumatic tires (FMVSS 119);
``(F) tire selection and rims (FMVSS 120);
``(G) motorcycle brake systems (FMVSS 122);
``(H) motorcycle controls and displays (FMVSS 123);
and
``(I) glazing materials (FMVSS 205).
``(b) Applicability.--In determining which motor vehicle safety
standards are applicable to autocycles, the Secretary of Transportation
shall--
``(1) apply motorcycle safety standards to those aspects of
an autocycle's performance regulated through the motor vehicle
safety standards applicable to motorcycles; and
``(2) apply passenger car safety standards to those aspects
of an autocycle's performance regulated through motor vehicle
safety standards that are not otherwise regulated through a
motorcycle standard.
``(c) Rulemaking.--
``(1) In general.--Not later than 3 years after the date of
the enactment of the Autocycle Safety Act, the Secretary shall
issue such final rules, interpretations, and test procedures
that may be necessary to adapt passenger car safety standards
to autocycles in accordance with subsection (b)(2).
``(2) Rulemaking.--In issuing rules to preserve autocycle
safety pursuant to paragraph (1), the Secretary shall--
``(A) provide autocycle manufacturers with
appropriate lead time to comply with the safety
standards set forth in such rules; and
``(B) comply with the requirements and
considerations set forth in subsections (a) and (b) of
section 30111.''.

SEC. 3. AUTOCYCLE FUEL ECONOMY.

Section 32901(a) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (3) through (19) as
paragraphs (4) through (20), respectively;
(2) by inserting after paragraph (2) the following:
``(3) `autocycle' means a passenger automobile with 3
wheels and an enclosed occupant compartment, which meets
applicable Federal motor vehicle safety standards, as
determined necessary by the Secretary of Transportation through
regulation.'';
(3) in paragraph (4), as redesignated, by inserting ``or an
autocycle'' after ``a 4-wheeled vehicle''; and
(4) in paragraph (19), as redesignated, by inserting
``(including an autocycle)'' after the ``means an automobile''.


https://www.congress.gov/bill/114th-congress/senate-bill/685/text

 

[goofyone]

Full text of bill now available online:

[Congressional Bills 114th Congress]
[From the U.S. Government Printing Office]
[S. 685 Introduced in Senate (IS)]

114th CONGRESS
1st Session
S. 685

To prescribe safety standards for autocycles and related equipment, and
for other purposes.


_______________________________________________________________________


IN THE SENATE OF THE UNITED STATES

March 10, 2015

Mr. Vitter introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

A BILL



To prescribe safety standards for autocycles and related equipment, and
for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the Autocycle Safety Act.

SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.

(a) Defined Term.--Section 30102(a) of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (1) through (11) as
paragraphs (2) through (12), respectively; and
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) `autocycle' means a motor vehicle with 3 wheels, an
enclosed occupant compartment, and a steering wheel, which
meets applicable Federal motor vehicle safety standards, as
determined necessary by the Secretary of Transportation through
regulation.''.
(b) Applicability of Motor Vehicle Safety Standards to
Autocycles.--Chapter 301 of title 49, United States Code, is amended--
(1) in the table of sections, by striking the items
relating to sections 30113 and 30114 and inserting the
following:

``30113. Exemptions.
``30114. Autocycles.'';
(2) in section 30113, by amending the section heading to
read as follows:
``Sec. 30113. Exemptions'';
(3) by redesignating section 30114 as subsection (i) of
section 30113; and
(4) by inserting after section 30113, as amended by
paragraph (3), the following:
``Sec. 30114. Autocycles
``(a) Interim Safety Standards for Autocycles.--During the period
beginning on the date of the enactment of the Autocycle Safety Act and
ending on the effective date of the rules issued pursuant to subsection
(c), a person satisfies the requirements set forth in section 30112(a)
with regard to an autocycle if the autocycle--
``(1) complies with the motor vehicle safety standards for
passenger vehicles with gross vehicle weight ratings of less
than 10,000 pounds, as set forth in Part 571 of title 49, Code
of Federal Regulations, relating to--
``(A) seating systems (FMVSS 207);
``(B) belted occupant crash protection (FMVSS 208);
``(C) seat belt assemblies (FMVSS 209);
``(D) seat belt assembly anchorages (FMVSS 210);
``(E) child restraint systems (FMVSS 213);
``(F) roof crush resistance (FMVSS 216);
``(G) child restraint anchorage systems (FMVSS
225); and
``(H) flammability of interior materials (FMVSS
302);
``(2) meets the performance criteria relating to upper
interior impact set forth in FMVSS 201 to the extent possible
to reach the target points;
``(3) is equipped with a steering wheel air bag, 2 curtain
side impact air bags, anti-lock brakes, and electronic
stability control; and
``(4) complies with the motor vehicle safety standards for
motorcycles, as set forth in Part 571 of title 49, Code of
Federal Regulations, relating to--
``(A) brake hoses (FMVSS 106);
``(B) lamps, reflective devices, and associated
equipment (FMVSS 108);
``(C) rearview mirrors (FMVSS 111);
``(D) motor vehicle brake fluids (FMVSS 116);
``(E) new pneumatic tires (FMVSS 119);
``(F) tire selection and rims (FMVSS 120);
``(G) motorcycle brake systems (FMVSS 122);
``(H) motorcycle controls and displays (FMVSS 123);
and
``(I) glazing materials (FMVSS 205).
``(b) Applicability.--In determining which motor vehicle safety
standards are applicable to autocycles, the Secretary of Transportation
shall--
``(1) apply motorcycle safety standards to those aspects of
an autocycle's performance regulated through the motor vehicle
safety standards applicable to motorcycles; and
``(2) apply passenger car safety standards to those aspects
of an autocycle's performance regulated through motor vehicle
safety standards that are not otherwise regulated through a
motorcycle standard.
``(c) Rulemaking.--
``(1) In general.--Not later than 3 years after the date of
the enactment of the Autocycle Safety Act, the Secretary shall
issue such final rules, interpretations, and test procedures
that may be necessary to adapt passenger car safety standards
to autocycles in accordance with subsection (b)(2).
``(2) Rulemaking.--In issuing rules to preserve autocycle
safety pursuant to paragraph (1), the Secretary shall--
``(A) provide autocycle manufacturers with
appropriate lead time to comply with the safety
standards set forth in such rules; and
``(B) comply with the requirements and
considerations set forth in subsections (a) and (b) of
section 30111.''.

SEC. 3. AUTOCYCLE FUEL ECONOMY.

Section 32901(a) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (3) through (19) as
paragraphs (4) through (20), respectively;
(2) by inserting after paragraph (2) the following:
``(3) `autocycle' means a passenger automobile with 3
wheels and an enclosed occupant compartment, which meets
applicable Federal motor vehicle safety standards, as
determined necessary by the Secretary of Transportation through
regulation.'';
(3) in paragraph (4), as redesignated, by inserting ``or an
autocycle'' after ``a 4-wheeled vehicle''; and
(4) in paragraph (19), as redesignated, by inserting
``(including an autocycle)'' after the ``means an automobile''.


https://www.congress.gov/bill/114th-congress/senate-bill/685/text

I like it as it is fairly simply. As written the bill clearly denotes what parts must meet motorcycle standards and what parts must meet automobile standards. The bill also makes the autocycle designation optional as it only applies to vehicles which meet these standards so three wheel vehicles which do not meet the safety standards are still motorcycles. The bill also slides autocycles very cleanly into the CAFE rules.

 

[WilliamH]

I like it as it is fairly simply. As written the bill clearly denotes what parts must meet motorcycle standards and what parts must meet automobile standards. The bill also makes the autocycle designation optional as it only applies to vehicles which meet these standards so three wheel vehicles which do not meet the safety standards are still motorcycles. The bill also slides autocycles very cleanly into the CAFE rules.

I was surprised to see the general info on the new legislation was already starting to show up.
And one of the points is that it means the standards are there before the import versions start.

http://www.carscoops.com/2015/03/elio-three-wheeler-prompts-feds-to.html

 

[RUCRAYZE]

Maybe it's been mentioned but will the E be able to use pulsing headlights ?

 

[Rickb]

I don't understand ... the need for government involvement to create a new vehicle classification for the Elio. Risk far outweighs the gain. It may ultimately complicate things for EM and they will have yet again shot themselves in the foot.

 

[goofyone]

I was surprised to see the general info on the new legislation was already starting to show up.
And one of the points is that it means the standards are there before the import versions start.

I can see EM exploiting this in many ways.

This bill would pretty much make it impossible for any of the other major automakers to jump into this market, build the vehicle in the USA or Canada, and compete with EM on price as those companies have development cost, sales, and distribution structures which are simply too high to compete on price. It also raises the bar for other motorcycles manufacturers as they would have to take time and money to properly develop, test, and document that their chassis meets the safety requirements.

As for the cheaper imports, especially from China, I definitely see this as a move from EM to make it much harder on them as they would not be able to simply build a cheap knock off and sell it as an autocycle. If these manufacturers wish to sell autocycles, instead of simply enclosed motorcycles, they would have to meet the safety standards which would mean actually properly engineering the chassis to meet these requirements. This is a much higher bar as there is no getting around the fact that it simply takes extra money and time to properly develop, test, and document meeting these requirements.

If/when this bill passes I expect to see EM return to the states and have the states use the federal autocycle designation for the helmet and drivers license exemptions. This would give EM a sales advantage over similar vehicles which are classified as motorcycles. I also expect to see EM try and make direct sales legal, but limited only to autocycles, in the states where this may be necessary and possible everywhere eventually. It becomes much harder to oppose this type of legislation if it does not change the status quo for any existing vehicles.

I am wondering if Senator Vitter is planning on trying to push this through as a rider attached to a larger piece of legislation as that is common for small focused bills like this and is a good way to get them through pretty much unmolested.

 

[goofyone]

I don't understand ... the need for government involvement to create a new vehicle classification for the Elio. Risk far outweighs the gain. It may ultimately complicate things for EM and they will have yet again shot themselves in the foot.

We will have to see how this plays out however if you read some of the reasons how EM could take advantage of this, in my post above, I believe EM would disagree with you that the risks outweighs the gains. If EM felt the risks outweighed the possible gains I doubt they would be actively involved in pushing for this legal change in status.