By Matt Burress, matt.burress@house.mn
Low-Power and
Unconventional Vehicles
August 2022
Overview
This brief summarizes lower-power vehicle laws in Minnesota. As used here, the term “low-
power and unconventional vehiclecovers a variety of nontraditional types of vehicles,
including autocycles, all-terrain vehicles, electric-assisted bicycles, golf carts, mini-trucks,
motor scooters, motorized foot scooters, motorized bicycles (or mopeds), and neighborhood
electric vehicles.
Although all of the vehicles are motorized they vary greatly in form, size, features, and
intended use. In most cases the vehicles are smaller and less powerful than a typical car,
truck, or SUV. Some are devices marketed mainly to children, whereas others present an
alternative to a passenger automobile.
Minnesota law regulates vehicle operation on public streets and highways and establishes
licensing, insurance, and equipment requirements. Legislation in recent years has established
new classifications of vehicles and devices and, in many cases, specific regulations for each
type of vehicle. The expansion of vehicle categories in law reflects a rise in the variety of
vehicles and devices available to consumers.
Contents
Summary of Regulations ......................................................................................... 2
Identifying the Vehicle Classification ...................................................................... 5
Vehicle Descriptions and Key Regulations .............................................................. 6
All-Terrain Vehicles and Utility Task Vehicles ................................................... 7
Autocycles ....................................................................................................... 10
Electric-Assisted Bicycles ................................................................................ 13
Golf Carts ........................................................................................................ 16
Mini-trucks ...................................................................................................... 18
Motor Scooters (and Motorcycles) ................................................................. 21
Motorized Bicycles (Mopeds) ......................................................................... 23
Motorized Foot Scooters ................................................................................ 25
Neighborhood Electric Vehicles and Medium-Speed Electric Vehicles .......... 28
Pocket Bikes .................................................................................................... 31
Segways and Self-Balancing Scooters ............................................................. 33
Wheelchairs .................................................................................................... 35
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Summary of Regulations
The tables below outline basic requirements for each type of vehicle. Subsequent sections
provide detail on the regulations.
All-Terrain Vehicle and
Utility Task Vehicle
Autocycle Electric-Assisted Bicycle
Example
Legal
attributes
ATV: up to 960 cc engine,
three to six flotation tires,
max. 1,800 lbs. dry weight
UTV: four wheels, up to
1,200 cc engine, 1,800 to
2,600 lbs. dry weight
Three wheels,
nonstraddled seats,
steering wheel, anti-lock
brakes, meets federal
safety standards for
motorcycle
Bicycle with saddle, pedals
for human propulsion, two
to three wheels, max. 750-
watt electric motor, 20 or
28 m.p.h. top assisted
speed (depending on class),
meets federal standards
Registration Local special permit;
typically DNR registration
for ATV use
Title, vehicle registration,
tax, license plate
Not required
Operator
licensing
Not required Driver’s license (no
endorsement needed)
None required; minimum
operator age is 15
Insurance Liability coverage (same as
passenger autos)
Liability coverage (same as
passenger autos)
Not required
Operating
rules
Generally same traffic laws
as other motor vehicles;
some limitations on
operating at night and in
low visibility
Generally same traffic laws
as other motor vehicles;
various limitations
Generally same traffic laws
as motor vehicles; various
limitations
Safety
equipment
Most equipment laws do
not apply; rearview mirror
Helmet if under age 18 and
cabin is unenclosed;
various equipment
requirements; headlight on
at all times
Lighting generally required
for night; helmet not
required
Notes
“ATV” refers to an all-terrain vehicle.
“UTV” refers to a utility task vehicle.
“DNR” refers to the Department of Natural Resources.
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Golf Cart Mini-Truck Motor Scooter
Example
Legal
attributes
Not specifically defined in
law
Up to 660 cc or 7,500-watt
engine, 900 to 2,200 lbs.
dry weight, does not meet
certain federal safety
standards
Not specifically defined in
law (but part of motorcycle
classification, which
includes: seat or saddle, up
to three wheels)
Registration Local special permit Local special permit;
possible DNR registration
as ATV
Title, vehicle registration,
tax, license plate
Operator
licensing
Not required Driver’s license or permit Driver’s license with two-
wheeled vehicle
endorsement
Insurance Liability coverage (same as
passenger autos)
Liability coverage (same as
passenger autos)
Liability coverage (same as
passenger autos)
Operating
rules
Generally same traffic laws
as other motor vehicles;
some limitations on
operating at night and in
low visibility
Generally same traffic laws
as other motor vehicles
Generally same traffic laws
as other motor vehicles;
various limitations; no
operation on sidewalks
Safety
equipment
Most equipment laws do
not apply; rearview mirror;
slow-moving vehicle
emblem
Headlights; taillights; turn
signals; mirrors;
windshield; seat belt;
parking brake
Helmet if under age 18;
various equipment
requirements; eye
protection for all operators;
headlight on at all times
Notes
“ATV” refers to an all-terrain vehicle.
“DNR” refers to the Department of Natural Resources.
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Motorized Bicycle
Motorized Foot
Scooter
Electric Vehicle
Segway and Self-
Balancing Scooter
Example
Legal
attributes
Up to 50 cc and 2
HP engine, 30
m.p.h. top speed
Handlebars, motor,
max. 12-inch
wheels, 15 m.p.h.
top speed
NEV: electric motor,
three to four
wheels, 20 to 25
m.p.h. top speed
MSEV: electric
motor, misc.
equipment, 35
m.p.h. top speed
Electric motor, two
nontandem wheels,
designed for one
person, 15 m.p.h.
top speed
Registration Title, vehicle
registration, tax,
license plate
Not required Title, vehicle
registration, tax,
license plate
Not required
Operator
licensing
Driver’s license or
operator’s permit
Not required;
minimum operator
age is 12
Driver’s license or
permit
Not required
Insurance Liability coverage
(same as passenger
autos)
Not required Liability and
personal injury
coverage (same as
passenger autos)
Not required
Operating
rules
Generally same
traffic laws as
motorcycles and
other motor
vehicles; various
limitations; no
operation on
sidewalks
Generally same
traffic laws as
bicycles; no
operation on
sidewalks; allowed
on certain bike
paths and trails
Generally same
traffic laws as other
motor vehicles; no
operation on roads
with speed limit
above 35
Generally same
traffic laws as
pedestrians;
allowed on bike
paths
Safety
equipment
Helmet if under age
18; eye protection;
certain lighting
generally required
for night; if so
equipped, headlight
on at all times
Helmet if under age
18; headlight and
reflector required
for night
Must meet federal
equipment
requirements
Reflectors required
Notes
“NEV” refers to a neighborhood electric vehicle.
“MSEV” refers to a medium-speed electric vehicle.
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Identifying the Vehicle Classification
Due to the wide variety of low-power and unconventional vehicles that are now on the market,
it can be challenging to determine how a specific make and model in a particular year is
classified under Minnesota law. In particular, autocycles, motor scooters, motorized bicycles,
and motorcycles have many similarities.
Classifications. Because state regulation varies with each vehicle, a primary question is whether
the vehicle in question fits one of the legal definitions established in Minnesota Statutes. See
Minn. Stat. § 169.011. The specific characteristics of a particular vehicle can lead to its
classification. Although other features are relevant, engine size is a key factor in identifying
scooters, mopeds, and motorcycles under Minnesota law. Top speed, vehicle weight, and safety
equipment are also important characteristics.
A vehicle that has two or three wheels and does not clearly fit another vehicle definition is most
likely classified in law as a “motorcycle” (even though it might not be considered one in the
traditional sense). This is the most general class of motorized vehicle that has less than four
wheels. As discussed below, requirements for a vehicle classified as a motorcycle include a title,
registration, and license plates.
The broad categorization for a vehicle or device that does not conform to any specific
motorized vehicle definition is likely a “motor vehicle. As such, it would need to be registered
and have license plates, the operator must have a driver’s license, it must have full insurance
coverage, and the vehicle must have safety equipment that includes lights, turn signals, and
brakes at both the front and rear.
Making determinations. Several governmental entities are resources for questions and could
potentially become involved in making a determination about a specific vehicle. The table
below provides a general summary.
Governmental Entity Role
Deputy registrar Offices for vehicle registration, titling, and
registration tax collection
Driver and Vehicle Services
(Department of Public Safety)
Vehicle registration and titling final decisions;
Registration tax administration
Law enforcement agency (e.g.,
municipal police department)
Enforcement of regulations;
Citations
Courts Judicial (e.g., contested citation)
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Vehicle Descriptions and Key Regulations
Motorized vehicles face limited state regulation while operated on private land. Once they
venture onto streets, roads, and even alleys, they are subject to a wider array of state and local
regulations. In response to the introduction of new models and offerings in the marketplace,
recent changes in Minnesota law have addressed many of the assorted vehicles that can be
operated on public roadways.
The following sections cover each vehicle type classified under Minnesota law, outlining their
legal definitions and general characteristics, highlighting some recent law changes, providing an
overview of notable regulatory provisions, and noting some laws in other states.
A variety of regulations apply generally to motorized vehicles and are not specifically addressed
in provisions that govern a specific low-power or unconventional vehicle. A couple of examples
are below.
Driving rules. Most driving regulations such as speed limits and rules of the road are
applicable when operating low-power and unconventional vehicles. Some operating
rules are established for specific vehicles. (Licensing, registration, operation, and
equipment are discussed with each vehicle in the following sections.)
DWI/DUI laws. Prohibitions on operating under the influence of alcohol and other
drugs extend to a number of low-power and unconventional vehicles. However,
courts have found that impaired driving restrictions do not apply to some devices
that are not designed to operate on roads, such as Segways and motorized
wheelchairs.
1
Noise limits. Minnesota law sets noise limits for motor vehicles (separately for
heavier trucks, motorcycles, and other types of vehicles). Minn. Stat. § 169.693;
Minn. Rules ch. 7030. The limits apply based on whether the vehicle must be
registered to operate on public roads, and registration is not required for some of
the vehicles described in this briefing. Most motor vehicles are also required to have
a muffler meeting various characteristics. Minn. Stat. § 169.69.
1
See State v. Brown, 801 N.W.2d 186 (Minn. App. 2011); State v. Greenman, 825 N.W.2d 387 (Minn. App. 2013).
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All-Terrain Vehicles and Utility Task Vehicles
Classification
2
All-terrain vehicles. All-terrain vehicles (ATVs) under Minnesota law
are motorized vehicles having three to six tires, a dry weight of up
to 2,000 pounds, and a total width of up to 65 inches. Seating is not
specifically identified under the statutory definition; ATV designs
include a seat or a saddle so that the operator (and any passenger)
sits straddling the vehicle. ATVs are further categorized based on
width into class 1 (total width of 50 inches or less) and class 2 (from
over 50 to 65 inches in width). They are often used for off-road
recreation on designated trails or private land. Minn. Stat. §§ 84.92,
subds. 8 to 10; 169.045, subd. 1.
Utility task vehicles. To be considered a utility task vehicle (UTV) in
Minnesota law, the vehicle must have four wheels, four-wheel
drive, an internal combustion engine with a displacement of no
more than 1,200 cc, and a dry weight of 1,800 to 2,600 pounds.
Also known as a “side-by-side” (among other terms), a UTV has
side-by-side seating, in some cases carries multiple passengers in
a cab-like space, and often includes an open bed located behind
the driver and passengers (like a pickup truck). The vehicle is
similar to an ATV in its off-road purposes although with an
arguably greater capability for nonrecreational activities. Minn.
Stat. § 169.045, subd. 1.
Regulations
Unlike most motor vehicles that may use public roads, ATVs and UTVs are not titled or
registered with the Department of Public Safety. Permissible operation on public roads is
limited. ATVs and UTVs can be operated on public roads and in some public rights-of-way under
two distinct sets of state statutes governing the vehicles.
1) Operation on local roads can be allowed by special permit. The permit is issued by a
local unit of government (a city, county, or town) following a local ordinance that
must meet requirements set in state statute, and it only authorizes driving on
particular roads under the jurisdiction of the issuing authority. This is a discretionary
program that each local government may choose to set up, so ATV and UTV
operation is essentially prevented if a local government has not taken the steps of
establishing the ordinance and issuing special permits. Minn. Stat. § 169.045.
2
Image sources: https://www.yamahamotorsports.com/; https://www.arcticcat.com; http://www.cubcadet.com
(accessed September 7, 2022).
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2) ATVs and other types of off-road vehicles are subject to various off-highway vehicle
regulations set in state law and primarily administered by the Department of
Natural Resources. Under some circumstances they can operate on parts of public
rights-of-way (that is, on the roadway itself, the road shoulder, the inside bank or
slope, the ditch, and the outside bank or slope) and on bridges. Allowed operation
depends on several factors: the type of road (trunk highway, county highway, town
road, or city street), the type of ATV (class 1 versus class 2), and the time of year for
some regions of the state. Minn. Stat. §§ 84.92 to 84.928.
While ATVs are not registered for on-road use as with passenger vehicles, in many cases they
must be registered with the Department of Natural Resources for use on d
esignated trails,
public lands, and other off-road locations. ATVs and riders are also subject to various
regulations that include: display of registration information, where the vehicle can be ridden,
operating rules, passenger restrictions, required vehicle equipment, and other limitations for
youth operators. (General off-highway vehicle and ATV regulations, under Minnesota Statutes,
chapter 84, are not discussed further in this publication.)
Requirements Under the Special Permit
Registration. The vehicles are not registered with the Department of Public Safety in the
manner of other motor vehicles and do not require titling or license plates. (In many
cases, ATV or UTV registration is required under off-highway vehicle regulations.)
Operation of ATVs and UTVs can be allowed via a special permit issued to the vehicle
owner by counties, cities, or towns. Minn. Stat. § 169.045, subd. 1. The Minnesota
Department of Transportation cannot issue the permit for use on trunk highways
(including the interstate system).
A key requirement is that the governing body must establish a special permit ordinance,
and the ordinance must provide for permit application and confirmation that insurance
requirements are met. The ordinance can also set additional conditions and require
certification by a physician of ability to safely operate the vehicle. The permit can limit
use to certain roads and must be renewed at least every three years, as determined by
the unit of government. It can be revoked at any time based on evidence of inability to
safely operate the vehicle.
Operator licensing. By statute, a person is not required to have a driver’s license or
instruction permit to operate the vehicle under a special permit. Minn. Stat. § 169.045,
subd. 7. (However, a driver’s license may be required for operating on public road
rights-of-way under off-highway vehicle regulations.)
Insurance. Insurance requirements must be established as part of the local ordinance
and must match that of motorcycles. Thus liability insurance (which covers certain
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claims from another driver) is required and is the same as for passenger automobiles.
3
However, the vehicles are exempt from the requirements of personal injury protection
under the Minnesota No-Fault Automobile Insurance Act (which establishes minimum
required coverage levels for medical, lost wages, and related expenses). Minn. Stat. §§
65B.48, subd. 5; 169.045, subd. 2.
If insurance cannot be obtained on the private market, it can be purchased from the
Minnesota Automobile Insurance Plan with a rate determined by the Department
of Commerce. Minn. Stat. § 169.045, subd. 8.
Use. Vehicle operation under a special permit is only allowed on roadways under the
jurisdiction of the issuing unit of government. A city-issued permit, for instance, does
not authorize driving on county roads; a separate permit would be required. (The law is
silent on coordination between local units of government for permit issuance and
applicability.)
Drivers of ATVs and UTVs are subject to the same traffic laws and duties as operators of
other motor vehicles, although additional limitations apply. The vehicles can only be
operated on designated roadways, but they may cross other roads and highways. The
vehicles can only be operated between sunrise and sunset unless original equipment
includes headlights, taillights, and brake lights. They cannot be used (1) in bad weather
unless the authorizing ordinance provides an exception for emergencies, or (2) if there
is not enough visibility to see people and other vehicles from 500 feet away. Minn. Stat.
§ 169.045, subds. 3, 5, 6.
Safety equipment. Standard equipment requirements for motor vehicles do not apply
to vehicles operating under the special permit, except that a rearview mirror is
necessary. The mirror must provide a view to the rear for at least 200 feet. Minn. Stat.
§ 169.045, subd. 7.
3
The minimum liability coverage is $30,000 per person for injuries, $60,000 per occurrence for injuries, and
$10,000 for property damage.
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Autocycles
Classification
4
Autocycles represent a specialized type of motorcycle that,
generally speaking, resemble a car. To meet the classification,
the vehicle must have three wheels, driver and passenger
seating (as opposed to a saddle that is straddled), a steering
wheel, and antilock brakes. It must also meet federal safety
standards established for motorcycles (there is not a separate
federal autocycle classification for vehicle manufacturers).
Minn. Stat. § 169.011, subd. 3a.
The statutory definition does not specify a configuration for the three wheels, so two wheels
could be located in either the front or the back. Similarly there are no restrictions regarding the
number of passengers, seating positions, cabin enclosure (versus an open air cockpit), hinged
doors, and availability of seatbelts.
The autocycle category reflects some of the offerings to most recently enter the automotive
market. Some new models increasingly blur the traditional distinctions between a motorcycle
and a passenger vehicle, such as by providing car-like driving dynamics without the same crash
protections available in passenger autos (which must meet various federal safety standards that
are more extensive compared to ones for motorcycles).
Regulations
Registration. Like other motorcycles, the owner of an autocycle must register it, and the
vehicle is subject to a registration tax of $10. Minn. Stat. § 168.013, subd. 1b. The
license plate must be displayed on the rear of the vehicle. Minn. Stat. § 169.79, subd. 3.
A certificate of title also must be obtained. The vehicle is subject to the motor vehicle
sales tax. Minn. Stat. §§ 297B.01, subd. 11; 297B.02.
Operator licensing. Required licensing differs from a standard motorcycle in that a two-
wheeled vehicle endorsement is not necessary. Instead an autocycle can be operated
with a standard driver’s license.
Insurance. Liability insurance (which covers certain claims from another driver) is
required and is the same as for passenger automobiles.
5
Like motorcycles generally,
autocycles are exempt from the requirements of personal injury protection under the
Minnesota No-Fault Automobile Insurance Act (which establishes minimum required
4
Image source: Polaris, http://www.polaris.com.
5
The minimum liability coverage is $30,000 per person for injuries, $60,000 per occurrence for injuries, and
$10,000 for property damage. Note that the insurance requirements do not appear to apply to all motorcycles
and motor scooters: under the definition of “motorcycle” in the chapter on automobile insurance, the
vehicle’s engine must be “rated at greater than five horsepower.” Minn. Stat. § 65B.43, subd. 13.
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coverage levels for medical, lost wages, and related expenses). Minn. Stat. §§ 65B.43,
subds. 2, 13; 65B.48, subd. 5.
Use. Autocycle operators are subject to the same traffic laws as operators of other
motor vehicles (except those that by their nature would not be relevant). The vehicles
can potentially be operated two abreast, although they must be narrow enough to fit
within a single traffic lane. Passengers are allowed based on the vehicle’s seating
capacity.
Some prohibitions also apply, such as on carrying cargo that prevents operation with
both hands, passing other vehicles by going between traffic lanes, and passing
vehicles that occupy the same lane as the autocycle. Minn. Stat. § 169.974, subd. 5.
Safety equipment. The vehicle must be equipped with various safety features, including
at least one rearview mirror, a horn, a hand or foot brake, at least one headlight that
has both low and high beams and is lighted at all times, a taillight, a brake light, rear
license plate illumination, and floorboards (or footrests) for any passenger seating.
Minn. Stat. §§ 169.49; 169.50; 169.57, subd. 1; 169.60; 169.67, subd. 2; 169.974, subd.
3 and subd. 5(i).
A seatbelt must be worn if the autocycle is equipped with it. Minn. Stat. § 169.686,
subd. 1.
Unless the autocycle has an enclosed cab, a helmet is required for operators and
passengers under the age of 18 and eye protection is required for all operators.
Minn. Stat. § 169.974, subd. 4.
Other States
The introduction of autocycles into the marketplace has prompted state legislative responses in
recent years. One federal report identifies 38 states that have established an autocycle
classification.
6
States define autocycles in a wide variety of ways, which is perhaps due to the
lack of a corresponding federal classification. According to a 2017 study by the National
Conference of State Legislatures (NCSL), three wheels and a steering wheel are standard
features nationwide but there are state-by-state differences in requirements on:
having seatbelts (required in nearly two-thirds of the state classifications);
being fully enclosed (required in about half the states);
containing a passenger vehicle-type seat instead of a saddle (required in roughly half
of the states);
having pedals (again a requirement in roughly half of the states); and
6
National Highway Safety Administration, “A Report to Congress on the Federal and State Regulatory Status of
Autocycles,” January 2020,
http://motorcycleridersfoundation.wildapricot.org/resources/Documents/Autocycles%20Report%20to%20Congr
ess%20-%20FINAL.PDF (accessed August 3, 2022), p. 14.
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meeting federal safety standards for motorcycles (necessary in about one-third of
the states).
7
One of the key questions in autocycle regulations regards licensing and registration. Across the
states, an autocycle is most commonly registered similar to a motorcycle but carries the same
licensing requirements as a passenger vehicle, so that a motorcycle endorsement is not
required. In addition, at least 11 states do not explicitly define or classify an autocycle, but
permit three-wheeled vehicle operation with just a driver’s license in some circumstances (such
as through a different vehicle classification, orin some casesif the vehicle has an enclosed
cabin).
7
National Conference of State Legislatures, “Autocycles,” April 17, 2017,
http://www.ncsl.org/research/transportation/transportation-review-autocycles.aspx (accessed November 7,
2017).
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Electric-Assisted Bicycles
Classification
8
Electric-assisted bicycles, or “e-bikes,” are bicycles equipped with
a small electric motor. To be classified as an “electric-assisted
bicycle” in Minnesota, the bicycle must have two or three
wheels, operable pedals, a saddle, and an electric motor of up to
750 watts, and it must also meet federal consumer product
safety standards. Following legislative changes made in 2021, the
bike also must fit into one of three classes that are based on the
capability of the motor (regarding top assisted speed and ability
to provide propulsion with or without the rider pedaling).
9
Minn.
Stat. § 169.011, subds. 15a, 15b, 15c, & 27.
Regulations
E-bikes are primarily regulated in the same manner as bicycles and nearly all bicycle laws
apply. Minn. Stat. §§ 169.011, subd. 27; 169.222.
Registration. The owner of an electric-assisted bicycle is not required to register it.
Minn. Stat. § 168.012, subd. 2d. A title is not necessary, and a license plate is not
required to be displayed on the rear. Minn. Stat. §§ 168A.03, subd. 1; 169.79, subd. 3.
It is not subject to motor vehicle sales tax (the general sales tax would instead be due
on e-bike purchases).
Operator licensing. A driver’s license or permit is not required. Unlike an unpowered
bicycle, the minimum operator age is 15 years old. Minn. Stat. § 169.222, subd. 6.
Insurance. The device does not need to be insured. See Minn. Stat. § 65B.43, subds.
2, 13.
Use. Electric-assisted bicycle operators must follow the same traffic laws as operators of
motor vehicles (except those that by their nature would not be relevant).
The bicycles may be operated two abreast. Operators must generally ride as close as
practical to the right-hand side of the road (with some exceptions, such as when
overtaking another vehicle, preparing for a left turn, riding in a bicycle lane or on the
shoulder, and to avoid unsafe conditions). The bicycle must be ridden within a single
8
Image source: Wikimedia Commons, https://commons.wikimedia.org/wiki/File:ZOOMLP-5467-Overvolt-HT-900-
075.jpg (accessed August 3, 2022).
9
Class 1 e-bikes are equipped with a motor that only assists when the rider is pedaling, and does not assist at
speeds of 20 m.p.h. or higher. Class 2 e-bikes have a motor that can assist when the rider is not pedaling, and
does not assist at speeds of 20 m.p.h. or higher. Class 3 e-bikes have a motor that only assists when the rider is
pedaling, and does not assist at speeds of 28 m.p.h. or higher.
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lane. Travel on the shoulder of a road must be in the same direction as the direction of
adjacent traffic.
The vehicles may be operated on a sidewalk except in a business district or when
prohibited by a local unit of government, and must yield to pedestrians on the
sidewalk. Minn. Stat. § 169.222, subd. 4.
Electric-assisted bicycles are allowed on road shoulders as well as on bicycle lanes,
bicycle paths, bicycle routes, bicycle trails, and shared-use paths.
10
By default, an e-bike
can be operated on paths and trails with the motor engaged, but in some circumstances
the
use of a motor can be restricted by the unit of government having jurisdiction. The
scope of local authority to restrict motorized operation varies by e-bike class. Minn. Stat.
§ 169.222, subd. 6a.
Some operating prohibitions also apply, such as carrying cargo t
hat prevents keeping at
least one hand on the handlebars or prevents proper use of brakes, riding more than
two abreast on a roadway or shoulder, and riding while attached to another vehicle.
Minn. Stat. § 169.222, subds. 3-5.
Electric-assisted bicycles can be parked on a sidewalk unless restricted by local
government (although they cannot impede normal movement of pedestrians). They
can be parked on streets where parking of other motor vehicles is allowed. Minn. Stat.
§ 169.222, subd. 9.
Safety equipment. The e-bike motor must disengage when a rider applies the brakes. A
class 3 e-bike must be equipped with a speedometer. Minn. Stat. § 169.222, subd. 6b.
There are multiple lighting and reflectivity requirements for nighttime operation, as
follows.
An electric-assisted bicycle must be operated with a front headlamp, which
can emit a flashing white light.
The bicycle must be equipped with a rear-facing red reflector. It can be
equipped with a rear-facing lamp that has a flashing red light.
The bicycle or rider must also have reflective materials on the front and rear
of the pedals, and on each side of the bicycle. Minn. Stat. § 169.222, subd. 6.
The bicycle can have studded tires designed for traction as well as a horn or bell.
10
Abicycle lane” is a portion of the roadway designated for use by bicyclists. Minn. Stat. § 169.011, subd. 5. A
“bicycle path” is a dedicated bikeway that is separated from a shoulder or marked route on a street. Minn. Stat.
§ 169.011, subd. 6. Abicycle route” is a roadway or shoulder signed to encourage bicycle use. Minn. State. §
169.011, subd. 7. Abicycle trail” is a path developed under the Department of Natural Resources state trail
system. Minn. St
at. § 169.011, subd. 8.
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Helmets are not mandatory for e-bike use.
Other States
The market for electric-assisted bicycles has expanded noticeably in recent years, prompting
legislative activity to create or revise state regulations.
According to a 2021 NCSL report, 44 states and the District of Columbia have a specific e-bike
classification.
11
A majority among these use a three-tier system of e-bike classification similar to
that enacted in Minnesota. In those states, some are more restrictive with the e-bikes equipped
with the most powerful motors, such as in setting a minimum operator age. In other states, the
device is not considered a type of bicycle and is instead regulated within another motor vehicle
category (such as a moped or scooter). As a result, in some locations an operator’s license and
registration can be required.
Across the states there is a mixture in whether electric-assisted bicycles are allowed to operate
on bicycle paths and trails. In a number of states, their use is generally permitted on bicycle
paths and trails but local units of governments are authorized to be more restrictive. Helmet
requirements also vary. About half of the states have no helmet mandate, whereas some
jurisdictions require a helmet based on operator age (e.g., for minors) or the top speed capacity
of the motor.
12
11
National Conference of State Legislatures, “State Electric Bicycle Laws,” February 24, 2021,
https://www.ncsl.org/research/transportation/state-electric-bicycle-laws-a-legislative-primer.aspx (accessed
August 3, 2022).
12
Also see Montana Legislative Services Division, “Electric Bikes and Scooters,” September 2019,
https://leg.mt.gov/content/Committees/Interim/2019-2020/Transportation/Committee-Topics/Autonomous-
Electric/e-bikes-montana.pdf (accessed August 3, 2022).
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Golf Carts
Classification
13
A golf cart is not specifically defined in statute. Models
generally seat two to four people and can be powered by an
electric or gasoline engine ranging from under 4 to over 20
horsepower. Vehicle weight is commonly around 500 to 800
pounds, but can be over 2,000 pounds. Top speed is typically
less than 20 miles per hour. Some models can go up to 25 miles
per hour and under Minnesota law might be considered a
neighborhood electric vehicle or medium-speed electric
vehicle. Originally manufactured for golf courses, uses of the
vehicle have become more varied, particularly on private
grounds and in low-traffic settings.
Regulations
Motorized golf carts are not titled or registered with the Department of Public Safety, and
ordinarily they cannot be operated on public roads. However, Minnesota law does allow local
units of government, such as counties and cities, to authorize via a special permit golf cart
operation on streets and highways under that local government’s jurisdiction. (This is the same
special permit provision that governs ATVs, UTVs, and mini-trucks.) Minn. Stat. § 169.045.
Registration. The vehicles are not registered with the Department of Public Safety in the
manner of other motor vehicles and do not require titling or license plates.
Operation of golf carts can be allowed via a special permit issued to the vehicle owner
by counties, cities, or towns. Minn. Stat. § 169.045, subd. 1. The Minnesota Department
of Transportation cannot issue the permit for use on trunk highways (including the
interstate system).
A key requirement is that the governing body must establish a special permit ordinance,
and the ordinance must provide for permit application and confirmation that insurance
requirements are met. The ordinance can also set additional conditions and require
certification by a physician of ability to safely operate the vehicle. The permit can limit
use to certain roads and must be renewed at least every three years, as determined by
the unit of government. It can be revoked at any time based on evidence of inability to
safely operate the vehicle.
13
Image source: Wikimedia Commons,
https://commons.wikimedia.org/wiki/File:Club_Car_Onward%E2%84%A2_Lifted_4_Passenger_PTV.jpg (accessed
December 18, 2017).
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Operator licensing. By statute, a person is not required to have a driver’s license or
instruction permit to operate the vehicle under a special permit. Minn. Stat. § 169.045,
subd. 7.
Insurance. Insurance requirements must be established as part of the local ordinance
and must match that of motorcycles. Thus liability insurance (which covers certain
claims from another driver) is required and is the same as for passenger automobiles.
14
However, the vehicles are exempt from the requirements of personal injury protection
under the Minnesota No-Fault Automobile Insurance Act (which establishes minimum
required coverage levels for medical, lost wages, and related expenses). Minn. Stat. §§
65B.48, subd. 5; 169.045, subd. 2.
If insurance cannot be obtained on the private market, it can be purchased from the
Minnesota Automobile Insurance Plan with a rate determined by the Department
of Commerce. Minn. Stat. § 169.045, subd. 8.
Use. If a local government establishes special permits, vehicle operation under the
permit is only allowed on roadways under the jurisdiction of the issuing unit of
government. A city-issued permit, for instance, does not authorize driving on county
roads; a separate permit would be required. (The law is silent on coordination between
local units of government for permit issuance and applicability.)
Drivers of golf carts are subject to the same traffic laws and duties as operators of other
motor vehicles, although additional limitations apply. The vehicles can only be operated
on designated roadways, although they may cross other roads and highways. The
vehicles can only be operated between sunrise and sunset unless original equipment
includes headlights, taillights, and brake lights. They cannot be used (1) in bad weather
unless the authorizing ordinance provides an exception for emergencies, or (2) if there
is not enough visibility to see people and other vehicles from 500 feet away. Minn. Stat.
§ 169.045, subds. 3, 5, 6.
Safety equipment. Standard equipment requirements for motor vehicles do not apply
to vehicles operating under the special permit, except that a rearview mirror is
necessary. The mirror must provide a view to the rear for at least 200 feet. Golf carts
must also display a triangular slow-moving vehicle emblem. Minn. Stat. § 169.045,
subds. 4 and 7.
14
The minimum liability coverage is $30,000 per person for injuries, $60,000 per occurrence for injuries, and
$10,000 for property damage.
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Mini-trucks
Classification
15
Mini-trucks often resemble pickup trucks or straight trucks,
but are distinctly smaller in size and weight. They are
defined in law as a motor vehicle that:
has four wheels;
uses an electric motor rated at 7,500 watts or
less, or uses an engine with a maximum
displacement of 660 cc;
weighs between 900 and 2,200 pounds;
resembles a pickup truck or van and has a cargo area;
has an enclosed cabin; and
was not originally manufactured to meet federal motor vehicle safety standards for
passenger automobiles or “low-speed vehicles.” Minn. Stat. § 169.011, subd. 40a.
Although they come in different forms, the typical mini-truck design is an open bed located
behind a small enclosed cab for the driver and one passenger. Features can include air
conditioning and all-wheel drive. They have traditionally been imported for off-road uses like
recreational off-road activity, agricultural work on farms and ranches, at construction sites, in
industrial parks, and in grounds maintenance.
The vehicles do not typically meet most federally mandated equipment standards for motor
vehicles (such as for vehicle lighting and occupant safety). Also, they might not meet some
emissions requirements for on-road vehicles.
Regulations
Mini-trucks cannot be registered with the Department of Public Safety to be driven on public
roads in Minnesota. The vehicles can be operated on authorized streets and highways via a
special permit issued by counties, cities, or towns. The permit and regulations are mostly the
same as authorized for ATVs, UTVs, and golf carts (discussed previously). Minn. Stat. § 169.045.
Legislation in 2009 first authorized special permits for mini-truck operation. The permitting
authority was initially set to expire July 31, 2012, and the legislature subsequently extended the
sunset date. In 2015 the legislature removed the sunset entirely, providing ongoing
authorization for local units of government to allow their use by special permit. Laws 2015, ch.
75, art. 2, § 47.
15
Image source: http://www.made-in-china.com.
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Registration. The vehicles are not registered with the Department of Public Safety in the
manner of other motor vehicles and do not require titling or license plates.
Operation of mini-trucks can be allowed only through a special permit that is issued by
counties, cities, or towns. Minn. Stat. § 169.045, subd. 1. The Minnesota Department of
Transportation cannot issue a permit for use on trunk highways (including the interstate
system).
The local governing body must establish a special permit ordinance, and the ordinance
must provide for permit application and confirmation that insurance requirements are
met. The ordinance can also set additional conditions and require certification by a
physician of ability to safely operate the vehicle. The permit can be limited to use on
certain roads and must be renewed at least every three years, at the discretion of the
unit of government. The local government can revoke it at any time based on evidence
of inability to safely operate the vehicle.
Operator licensing. Unlike ATVs, UTVs, and golf carts operated under the local permit,
a driver’s license or instruction permit is required to drive a mini-truck. Minn. Stat. §
169.045, subd. 7.
Insurance. The local ordinance must establish insurance requirements, which must
match that of motorcycles. Thus liability insurance (which covers certain claims from
another driver) is required and is the same as for passenger automobiles.
16
However,
the vehicles are exempt from the requirements of personal injury protection under the
Minnesota No-Fault Automobile Insurance Act (which establishes minimum required
coverage levels for medical, lost wages, and related expenses). Minn. Stat. §§ 65B.48,
subd. 5; 169.045, subd. 2.
If insurance cannot be obtained on the private market, it can be purchased from the
Minnesota Automobile Insurance Plan with a rate determined by the Department
of Commerce. Minn. Stat. § 169.045, subd. 8.
Use. If a local government establishes special permits, vehicle operation under the
permit is only allowed on roadways under the jurisdiction of the issuing unit of
government. A city-issued permit, for instance, does not authorize driving on county
roads; a separate permit would be required. (The law is silent on coordination between
local units of government for permit issuance and applicability.)
Drivers are subject to the same traffic laws as operators of other motor vehicles. The
vehicles can only be driven on designated roadways, although they may cross other
roads and highways. Mini-trucks are not restricted from operation at night or in
inclement weather. Minn. Stat. § 169.045, subds. 5, 6.
16
The minimum liability coverage is $30,000 per person for injuries, $60,000 per occurrence for injuries, and
$10,000 for property damage.
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Safety equipment. Some vehicle equipment requirements apply, including headlights
and taillights; turn-signal lamps; some rearview mirrors; a windshield; front driver
and passenger seat belts; and a parking brake. Minn. Stat. § 169.045, subd. 7a.
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Motor Scooters (and Motorcycles)
Classification
17
Motor scooters are not specifically defined in Minnesota law. Rather,
they are contained in a broader motorcycle classification. Motorcycles
are defined as motor vehicles that have no more than three wheels and
a seat or saddle for the driver. The motorcycle classification is broad but
excludes motorized bicycles (or “mopeds”), electric-assisted bicycles,
and tractors. Minn. Stat. § 169.011, subd. 44.
As generally understood, motor scooters differ from motorcycles in
a couple of ways. See Minn. Stat. § 169.974. The standard motor
scooter design is step-through with a low platform for the
operator’s feet. Compared to a motorcycle they are generally
lighter (200 pounds), smaller (145 cc engine), and slower (top
speed under 60 miles per hour).
Regulations
Motor scooters are treated under Minnesota law as motorcycles; the following summary is
the same for both. Minn. Stat. §§ 169.011, subd. 44; 169.974.
Registration. The vehicle owner must register the vehicle. It carries a registration tax of
$10. Minn. Stat. § 168.013, subd. 1b. The license plate must be displayed on the rear of
the vehicle. Minn. Stat. § 169.79, subd. 3. A certificate of title also must be obtained.
The vehicle is subject to the motor vehicle sales tax. Minn. Stat. §§ 297B.01, subd. 11;
297B.02.
Operator licensing. A valid driver’s license with a two-wheeled vehicle endorsement is
required. A two-wheeled vehicle instruction permit is available to a person who is over
16 years old, has a driver’s license, is enrolled in a two-wheeled driver’s safety course,
and passes a written exam.
Insurance. Liability insurance (which covers certain claims from another driver) is
required and is the same as for passenger automobiles.
18
Motor scooters and
motorcycles are exempt from the requirements of personal injury protection under the
Minnesota No-Fault Automobile Insurance Act (which establishes minimum required
17
Image sources: Wikimedia Commons, https://commons.wikimedia.org/wiki/File:Hero_Electric_Optima_CX.png
(accessed September 7, 2022); Wikimedia Commons, :
h
ttps://commons.wikimedia.org/wiki/File:Yamaha_YZF_R1-silver-grey.Wilt.jpg (accessed September 9, 2022).
18
The minimum liability coverage is $30,000 per person for injuries, $60,000 per occurrence for injuries, and
$10,000 for property damage. Note that the insurance requirements do not appear to apply to all motorcycles
and motor scooters: under the definition of “motorcycle” in the chapter on automobile insurance, the
vehicle’s engine must be “rated at greater than five horsepower.” Minn. Stat. § 65B.43, subd. 13.
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coverage levels for medical, lost wages, and related expenses). Minn. Stat. §§ 65B.43,
subds. 2, 13; 65B.48, subd. 5.
Use. Operators are subject to the same traffic laws as operators of other motor vehicles
(except those that by their nature would not be relevant). The vehicles may be operated
two abreast. Additional passengers are allowed under some circumstances.
Some prohibitions also apply, such as on carrying cargo that prevents keeping both
hands on the handlebars, passing other vehicles by going between traffic lanes, and
passing vehicles that occupy the same traffic lane as the motor scooter or motorcycle.
Instruction permit holders face additional limits, including prohibitions on carrying
passengers and driving at night. Operation is allowed on streets but not sidewalks.
Minn. Stat. § 169.974, subd. 5.
Safety equipment. The vehicle must be equipped with various safety features,
including: at least one rearview mirror, a horn, a hand or foot brake, at least one
headlight that has both low and high beams and is lighted at all times, a taillight, a
brake light, rear license plate illumination, and footrests if it has passenger seating.
Minn. Stat. §§ 169.49; 169.50; 169.57, subd. 1; 169.60; 169.67, subd. 2; 169.974, subd. 3
and subd. 5(i).
A helmet is required for operators and passengers under the age of 18 as well as those
operating with an instruction permit, and eye protection is required for all operators.
Minn. Stat. § 169.974, subds. 2, 4.
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Motorized Bicycles (Mopeds)
Classification
19
Motorized bicycles, commonly referred to as mopeds, are
among the lightest of motorized two-wheeled devices. State
law defines a motorized bicycle as a bicycle propelled by an
electric or liquid fuel motor that has an engine displacement
of up to 50 cc and up to two horsepower, and is capable of a
top speed of 30 miles per hour on a flat surface. Although
under the definition in law it is identified as a type of bicycle,
pedals are not specifically required and the device can be
fully self-propelled.
20
Minn. Stat. § 169.011, subd. 45.
A key characteristic of mopeds is that they are less powerful than motor scooters or
motorcycles. They are available in a number of styles that generally resemble a bicycle or a
small scooter, although compared to a bicycle they weigh more (from 55 to over 250 pounds),
have additional features such as built-in headlights and turn signals, and can have a platform
for feet instead of pedals for manual use. Because the top speed of the device must not exceed
30 miles per hour, a number of scooters with 50 cc engines are classified as motorcycles under
Minnesota law (since such scooters can commonly reach 35 to 40 miles per hour).
Regulations
Most of the regulations that apply to motor scooters and motorcycles also apply to
motorized bicycles, with a few differences. Minn. Stat. §§ 169.223; 169.974.
Registration. The vehicle owner must register the vehicle and pay an annual registration
tax of $6. Minn. Stat. § 168.013, subd. 1h. A license plate must be displayed on the rear
of the vehicle. Minn. Stat. § 169.79, subd. 3. A title is required. The vehicle is subject to
the motor vehicle sales tax. Minn. Stat. §§ 297B.01, subd. 11; 297B.02.
Operator licensing. An operator must have a motorized bicycle operator’s permit,
motorized bicycle instruction permit, or driver’s license (although a two-wheeled vehicle
endorsement is not required). Minors who are at least 15 years old can obtain an
operator’s or instruction permit. Minn. Stat. § 171.02, subd. 3.
19
Image source: Pixabay, https://pixabay.com/illustrations/moped-two-wheeled-vehicle-2632383/ (accessed July
23, 2020).
20
While the statutory definition of motorized bicycle refers to the device as a bicycle, a “bicycle” under state law is
defined as a “device capable of being propelled solely by human power…” Minn. Stat. § 169.011, subds. 4, 45.
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Insurance. Liability insurance (which covers certain claims from another driver) is
required and is the same as for passenger automobiles.
21
Minn. Stat. §§ 65B.43, subds. 2,
13; 65B.48, subd. 5. The vehicle is exempt from the requirements of personal injury
protection under the Minnesota No-Fault Automobile Insurance Act (which establishes
minimum required coverage levels for medical, lost wages, and related expenses).
Use. Operators must follow the same traffic laws as operators of motor scooters,
motorcycles, and other motor vehicles (except those that by their nature would not be
relevant). Operators must generally ride as close as is practical to the right-hand side of
the road. The vehicles may be operated two abreast.
Some operating prohibitions also apply, such as on carrying cargo that prevents keeping
both hands on the handlebars, passing other vehicles by going between traffic lanes,
and passing vehicles that occupy the same traffic lane as the motorized bicycle, and
operating on a sidewalk except to access a road. Minn. Stat. §§ 169.223, subds. 1, 3, 5;
169.974, subd. 5.
A person who possess a motorized bicycle instruction permit is limited to riding within
one mile of that person’s residence. Minn. Stat. § 171.05, subd. 3.
Motorized bicycles are subject to the same parking regulations as bicycles. Both can be
parked on streets where parking of other motor vehicles is allowed and can park on a
sidewalk unless restricted by local government (although they cannot impede normal
movement of pedestrians). Minn. Stat. §§ 169.222, subd. 9; 169.223, subd. 1(4).
Safety equipment. The vehicle must be equipped with various safety features that
largely parallel those of motor scooters and motorcycles, including: at least one
rearview mirror, a horn, a hand or foot brake, certain vehicle lighting, and footrests if it
has passenger seating. For operation at night, as well as for motorized bicycles sold after
June 1, 1987, lighting requirements consist of at least one headlight that has both low
and high beams as well as a taillight (and the lights must meet the requirements for
motorcycles).
22
If so equipped, the headlight must be on at all times that the vehicle is
operated. Minn. Stat. §§ 169.223, subd. 4; 169.49; 169.50; 169.57, subd. 1; 169.60;
169.67, subd. 2; 169.974, subd. 3.
A motorcycle or bicycle helmet is mandatory for operators under the age of 18. Eye
protection is also required.
21
The minimum liability coverage is $30,000 per person for injuries, $60,000 per occurrence for injuries, and
$10,000 for property damage.
22
In addition, a brake light and rear license plate illumination may be required.
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Motorized Foot Scooters
Classification
23
Motorized foot scooters (also termed “electric scooters” or “e-scooters”)
have seen a marked increase in use recently, primarily due to their
introduction in fleets of shared rental offerings in cities throughout the
country. A motorized foot scooter is defined in state statute as a device
that:
has handlebars;
can be stood or sat on by the operator (so that a seat or
saddle is optional);
is powered by an internal combustion engine or an electric motor;
has up to two wheels that are no more than 12 inches in diameter; and
uses a motor capable of a maximum speed of not more than 15 miles per hour on a
flat surface. Minn. Stat. § 169.011, subd. 46.
The devices are usually lightweight platforms with two small wheels, similar to a skateboard but
with a motor as well as steering and acceleration control via handlebars. Braking is performed
through a hand brake on the handlebar or by using a foot-operated rear-wheel brake. Some
models have a seat or saddle that sometimes is removable (especially on more powerful and
expensive offerings). Many motorized foot scooters weigh around 20 to 65 pounds, although
heavier designs are available.
Models are available with gas and electric motors. Electric models generally have a top speed
just below 15 miles per hour and a range of up to 20 miles. Ones with gas engines commonly
range from 25 to 50 cc (1.5 to 2.5 horsepower). Some of the devices have a top speed of over
30 miles per hour, which prevents them from being classified as a motorized foot scooter under
Minnesota law since they do not meet the statutory definition.
Most pocket bikes are excluded from the motorized foot scooter category (see the discussion
on page 31).
Regulations
Minnesota law largely treats motorized foot scooters like bicycles, so that operators have the
same rights as bicyclists and must generally follow the same laws. However, there are some
regulatory differences. Minn. Stat. § 169.225.
23
Image source: Wikimedia Commons,
https://commons.wikimedia.org/wiki/Category:Electric_kick_scooters#/media/File:Egret_One.jpg (accessed
August 3, 2022).
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Registration. The owner of a motorized foot scooter does not need to register it or pay
registration taxes, and a certificate of title is not necessary. See Minn. Stat. §§ 168.002,
subd. 18 (e); 168.013, subd. 1; 168.09, subd. 1.
Operator licensing. A driver’s license or permit is not required for operation. The
minimum operator age is 12 years old.
Insurance. The device does not need to be insured. See Minn. Stat. §§ 65B.43, subds. 2,
13; 65B.48, subd. 5.
Use. A motorized foot scooter may not be operated on a sidewalk, except to cross it.
The device can be operated on a bicycle path, bicycle trail, bicycle lane, or bikeway
unless (1) the pathway is reserved for nonmotorized use, or (2) operation is restricted
by local government.
Motorized foot scooter operators must follow the same traffic laws as bicyclists, except
that when making a left turn, the rider must dismount and cross the roadway on foot
(and the person is then subject to any restrictions applicable to a pedestrian). Operators
must ride as close as is practical to the right-hand side of the road.
No passengers besides the operator can be carried.
Safety equipment. Any person under age 18 must wear a helmet. The device can be
operated when it is dark out, but under current Department of Public Safety regulations
it must meet the same lighting requirements that apply to a bicycle: a headlight that is
visible at least 500 feet ahead and a red reflector that can be seen from 600 feet behind
when in the path of a motor vehicle’s headlight.
Other States
There is variation across the states that have addressed the status of motorized foot scooters.
Some prohibit operation on public roads, trails, or sidewalks.
24
States also have varying
provisions for:
minimum operator age (ranging from no state minimum to age 16);
maximum permitted operating speed or top speed capability (most often at 15 or 20
miles per hour);
maximum speed limit of streets on which they can be operated (such as 25 miles per
hour in a few states);
helmet mandates (required for minors in a handful of states); and
24
See Del. Code tit. 21 § 4198N(a)-(b); N.J. Stat. § 39:4-14.12.
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degree of local authority powers to regulate the devices.
25
In addition to state laws, a number of cities regulate motorized foot scooter rental operations,
covering topics that range from rental company licensing operational requirements to scooter
parking.
26
25
See National Conference of State Legislatures, “Trends | Coronavirus, Teen Vaping, E-Scooters and More,
March 24, 2020, https://www.ncsl.org/bookstore/state-legislatures-magazine/trends-coronavirus-teen-vaping-e-
scooters-and-more.aspx (accessed August 3, 2022).
26
For instance, see National Association of City Transportation Officials, “Guidelines for Regulating Shared
Micromobility,” September 2019, https://nacto.org/wp-
content/uploads/2019/09/NACTO_Shared_Micromobility_Guidelines_Web.pdf (accessed August 3, 2022).
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Neighborhood Electric Vehicles and Medium-Speed
Electric Vehicles
Classifications
27
Neighborhood electric vehicles and medium-speed electric
vehicles are somewhat similar to golf carts, but have more
power, can carry more passengers or cargo, and are
designed for potential operation on public roads.
Neighborhood electric vehicle. Minnesota law defines a
neighborhood electric vehicle (NEV) as a three- or four-
wheeled, electrically powered motor vehicle that has a
maximum speed of between 20 and 25 miles per hour on
a flat surface. Minn. Stat. § 169.011, subd. 47.
Medium-speed electric vehicle. A related classification is the medium-speed electric vehicle
(MSEV). It is four-wheeled, electrically powered motor vehicle, but it can have a top speed of up
to 35 miles per hour on a flat surface. It also must be fully enclosed, have at least one door for
entry, be equipped with a roll cage or crush-proof design, have a minimum wheelbase of 40
inches, have wheels with a diameter of at least 10 inches, and other than speed capability, it
must meet the federal safety standard for low-speed vehicles. Minn. Stat. § 169.011, subd. 39.
The electric vehicles are rechargeable through the electrical grid and normally have a range of
30 to 75 miles before needing to recharge. Models come in styles ranging from two-seaters to
small-scale trucks, normally weighing between 1,000 and 1,500 pounds. Originally produced
mostly for niche uses such as military bases and planned communities, their use has widened.
Federal Low-Speed Vehicle Classification
In order to be legally operated on public roads in Minnesota, both NEVs and MSEVs must
meet equipment and safety requirements set in a federal safety standard for “low-speed
vehicles.”
28
Minn. Stat. § 169.224, subd. 2. However, the NEV and MSEV definitions under state
law do not
completely match the federal classification. There are a couple of differences, but a key one
regards the top speed capability of MSEVs, which under state law is allowed to be higher than
the 25 miles per hour maximum set in the federal low-speed vehicle standard. (This might raise
27
Image sources: https://gem.polaris.com/en-us/e2/ (accessed September 7, 2022).
28
Federal law establishes a number of safety standards that regulate manufactured motor vehicles. The U.S.
Department of Transportation, National Highway Traffic Safety Administration (NHTSA) establishes and
oversees the safety standards through federal regulations. 49 U.S.C. § 30111; 49 C.F.R. § 571. The regulations
cover technical and engineering specifications for motor vehicle safety equipment and crashworthiness, ranging
from windshield wipers and brake hoses to crash resistance and material flammability. Each specification is
referred to as afederal motor vehicle safety standard.” The motor vehicle safety standard for low-speed
vehicles was first established in 1998, and excludes most of the safety features required of other passenger motor
vehicles.
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issues with federal preemption as well as the ability of vehicle manufacturers to legally produce
MSEVs.)
Primarily because of the federal safety standard governing low-speed vehicle manufacture,
most golf carts would not be considered an NEV or an MSEV that could be operated on public
roads (except under the special permit discussed earlier in this briefing). Similarly, because of
the safety standards mini-trucks would not be classified as an NEV or MSEV (as part of the
statutory definition of a mini-truck, it is not manufactured to meet the safety standard for low-
speed vehicles).
Regulations
Under Minnesota law NEVs and MSEVs are treated similarly to passenger vehicles, but their
use is restricted to slower streets. See Minn. Stat. § 169.224.
Registration. Both NEVs and MSEVs are considered passenger automobiles and the
vehicle owner must register it. They are subject to the same registration tax (based on
vehicle value, depreciated over time) as cars, pickup trucks, and vans. License plates
must be displayed on the vehicles.
A certificate of title also must be obtained (which requires a vehicle identification
number and a manufacturer’s certificate of origin).
29
Homemade electric vehicles
and retrofitted golf carts do not qualify for titling. Minn. Stat. § 168A.05, subd. 9.
Operator licensing. A valid driver’s license or instruction permit is required, and no
special endorsement is necessary. A three-wheeled NEV can be operated without a
motorcycle endorsement.
Insurance. Insurance requirements match that of other passenger automobiles,
including liability coverage (which covers certain claims from another driver) and
personal injury protection under the Minnesota No-Fault Automobile Insurance Act
(which establishes minimum required coverage levels for medical, lost wages, and
related expenses).
30
Use. Drivers of an NEV or MSEV are subject to the same traffic laws as operators of
other motor vehicles. Neither class of vehicle can be operated on a street or highway
with a speed limit above 35 miles per hour except to directly cross it. A local
government can restrict use of the vehicle on its roads.
Safety equipment. The vehicle may only be operated on public streets and highways if it
meets federal equipment standards established for low-speed vehicles. This includes a
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The certificate of origin is created by the vehicle manufacturer and sent to a dealer along with the vehicle itself.
The dealer then provides the certificate to the Department of Public Safety when the vehicle is sold.
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The minimum liability coverage is $30,000 per person for injuries, $60,000 per occurrence for injuries, and
$10,000 for property damage. The minimum personal injury protection (PIP) coverage is $40,000 per person per
accident ($20,000 for hospital and medical expenses, and $20,000 for other expenses such as lost wages).
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windshield, headlamps, tail-lamps, brake lights, front and rear turn signals, reflectors at
the rear, rearview mirrors, a parking break, a seat belt, and a vehicle identification
number. An NEV or an MSEV must also have a slow-moving vehicle emblem. Minn.
Stat. §§ 169.224, subd. 2; 169.522, subd. 1.
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Pocket Bikes
Classification
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Pocket bikes (also referred to as mini-bikes, mini-motorcycles, and
mini-choppers) are not specifically defined in Minnesota law. They
come in a variety of styles that most often resemble a miniature
motorcycle, with a saddle that is commonly located about two feet off
the ground. The vehicles are typically powered by a 49-cc gas engine
(although electric models are available). They have wheel sizes around
10 inches, weights ranging from just over 30 pounds to about 100
pounds, and top speeds ranging from 30 to over 50 miles per hour.
Regulations
Devices considered pocket bikes are not likely to be permitted on public roads in Minnesota,
based on device classifications and associated title and registration requirements.
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A two-
wheeled device that does not fit any more specific vehicle definitionwhich is likely the case
for most pocket bikeswould most probably be classified under Minnesota law as a
motorcycle. This is in effect the default category for two- and three-wheeled motorized
vehicles.
However, smaller devices such as pocket bikes often lack safety equipment required under
federal regulations faced by manufacturers for motorcycles, preventing a vehicle identification
number (VIN) from being assigned. A VIN is necessary in order for Driver and Vehicle Services in
the Department of Public Safety to issue a title as a motorcycle, so the vehicle would
accordingly not be able to be titled or registered. A title and registration are necessary steps
for legal operation on public roads. See Minn. Stat. §§ 168.013, subd. 1; 168.09, subd. 1;
168A.04, subd. 1; 168A.085.
Other States
Legislative activity on pocket bikes has primarily consisted of prohibiting operation on public
streets and roads, sidewalks, trails, and other public lands. Concerns expressed about the
vehicles include engine noise, lack of safety equipment such as horns and mirrors, stability at
higher speeds, and reduced visibility of both the vehicle (due to its small size) and the operator
(due to positioning low to the ground). A couple of states have also enacted labeling and
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Image source: http://www.squidoo.com/gas-pocket-bikes (accessed December 18, 2017).
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The regulatory structure shifted in 2012. Before the 2012 change, the classification for motorized foot scooters
included devices with small wheels (up to 10 inches) or a modest top speed, which had the effect of including
many pocket bikes. Following the change, for a device to be categorized as a motorized foot scooter it must have
both a small wheel size (up to 12 inches) as well as a modest top speed (of 15 miles per hour). Most pocket bikes
are too powerful to fit the current motorized foot scooter definition.
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disclosure laws, such as requiring that manufacturers or retailers provide various forms of
disclosure concerning limitations on legal pocket bike operation on public roads.
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See Cal. Veh. Code § 9955; Fla. Stat. § 316.2128; Conn. Stat. § 14-289j(f).
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Segways and Self-Balancing Scooters
Classification
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Segways, first introduced in 2001, can be identified with establishment of
a category in Minnesota law termedelectric personal assistive mobility
devices.” To be considered an electric personal assistive mobility device, it
must be self-balancing, have two nontandem (that is, parallel) wheels, be
able to transport only one person, use an electric motor, and have a
maximum speed of up to 15 miles per hour. Minn. Stat. § 169.011, subd.
26.
More recently there has been an expansion in self-balancing motorized
devices. “Self-balancing scooters” and “hoverboards,” as they are often
termed, include an array of gyroscopic devices that have an electric
motor, small wheels, generally lack handlebars or seating, and have a
platform that tilts independently with each foot. Like Segways, self-
balancing scooter movement is controlled by shifts in balance and body
position.
Regulations
Operators of an electric personal assistive mobility device have the same rights and
responsibilities as pedestrians, with some additional requirements. Minn. Stat. § 169.212.
Registration. They do not need to be registered, and a certificate of title is not
necessary.
Operator licensing. A driver’s license or permit is not required for operation.
Insurance. The device does not need to be insured.
Use. The device may be operated on a bicycle path. Operators must use due care and go
at speeds that are “reasonable and prudent under the conditions.” The personal
mobility device can only be operated on a road under limited conditions, including to
directly cross the roadway, if the sidewalk is obstructed or unavailable, under direction
of a traffic control device, or temporarily to reach a motor vehicle. Minn. Stat. §
169.212, subd. 2.
No passengers may be carried.
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Image sources: http://www.segway.com; Wikimedia Commons,
https://commons.wikimedia.org/wiki/File:Hoverboard_2.jpg (accessed December 18, 2017).
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Local units of government are prevented from further regulating the device except
concerning operation on roads with a speed limit of up to 35 miles per hour.
Safety equipment. The device must have reflectors on its front, back, and wheels, which
can be seen from 600 feet when in the path of a motor vehicle’s headlights.
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Wheelchairs
Classification
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Wheelchairs are in an altogether separate category from other low-
power and unconventional vehicles. The statutory classification
includes scooters and tricyclesused by a disabled person as a
substitute for walking.” Minn. Stat. § 169.011, subd. 93.
Regulations
Under Minnesota law, persons in wheelchairs are considered
pedestrians rather than vehicle operators and have the same rights
and responsibilities as pedestrians. This is true whether the
wheelchair is powered or not. Wheelchairs are required to remain on sidewalks and stay off
streets, except to cross them or in situations where a passable or useable sidewalk is not
available. Minn. Stat. § 169.21, subd. 5.
Minnesota House Research Department provides nonpartisan legislative, legal, and
information services to the Minnesota House of Representatives. This document
can be made available in alternative formats.
www.house.mn/hrd | 651-296-6753 | 155 State Office Building | St. Paul, MN 55155
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Image source: Pixabay, https://pixabay.com (accessed April 1, 2020).