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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.
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.
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.
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.
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.
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