You forgot to mention this part...
Section 30102 defines "motor vehicle" as "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways but does not include a vehicle operated only on a rail line.
Not only did I not forget to mention Section 30102 I provided a link to it
http://www.nhtsa.gov/cars/rules/maninfo/mcpkg007.pdf
You need to read the entire document not just single out the first sentence you run across that suits your personal agenda.
____________Title 49, United States Code (U.S.C.), section 30101_______________
(the Act) authorizes NHTSA to issue safety standards for motor vehicles and items of motor vehicle equipment.
This document references various quotes from two levels of U.S. law.
The first level is Title 49, United States Code (U.S.C.), section 301. The U.S.C. is produced through the efforts of the U.S. Congress and the U.S. President.
www.nhtsa.dot.gov/cars/rules/standards
The other level of law is 49 Code of Federal Regulations 500-599 (CFR). Parts 500 through 599 of the Code of Federal Regulation, are drafted and enforced by the National Highway Traffic Safety Administration (NHTSA):t
http://www.access.gpo.gov/cgi-in/cfrassemble.cgi?title=200449
Do not be confused by the (accidental) commonality of the prefix (49) in the different laws. The laws are distinctly different from one or the other.
Section 30102 defines "motor vehicle" as "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways but does not include a vehicle operated only on a rail line.
Motor-driven cycle means a motorcycle with a motor that produces five (5) brake horsepower or less.
Scooter means a motorcycle that:
(1) Has a platform for the operator's feet of has integrated footrests, and
(2) Has a step-through architecture, meaning that the part of the vehicle forward of the operator's seat and between the legs of an operator seated in the riding position, is lower in height than the operator's seat.
Two-wheeled or three-wheeled vehicle manufactured with vehicle identification numbers (VIN), certification labels, mirrors, turn signals, side marker lamps, and stop lamps (otherwise called on-road equipment) are regarded as "motor vehicles. Vehicles lacking this equipment are not considered motor vehicles, and do not fall under NHTSA regulatory authority.
Vehicles such as mopeds; dirt bikes; pocket rockets; off road scooters; etc.,
are not motor vehicles under NHTSA's regulations. These and similar vehicles are regulated by the Consumer Product Safety Commission. www.cpsc.gov
Many states will spell out in their vehicle codes or statutes that mopeds must meet equipment safety standards under 49 CFR as they apply to motorcycles or motor driven cycles. Many states also go a step further and identify each requirement as far as lighting, mirrors, reflectors, D.O.T. rims, tires and other safety equip by assigning each to its own statute or code. I think this was probably Florida's intent however they stopped short and simply referred back to tile 49 Code of Federal Regulations as they apply to mopeds, which is clearly muddled by the NHTSA statements above. If this is the case then Florida needs to publish another "Procedure" for the vehicle inspectors to follow. If the intent is to follow Federal equipment safety requirements for motorcycles then you have a lot of hoops to jump through including but not limited to:
> D.O.T. approved headlight with high/low beam that would be required to remain lit when riding during daylight hours.
> D.O.T. approved tail / brake lamp that will burn for 20 min with the engine off.
> D.O.T. approved license plate light.
> D.O.T. approved Rims & Tires.
> D.O.T. turn signals depending on which cycle regulation you must follow.
> Both front and rear reflectors visible from each side of the Moped.
> Mirrors, front and rear brakes, horn, switches on both brakes to operate brake light, epa approved muffler ect. etc.......
Anyone here know whether the Florida inspection stations are looking at the Federal DOT equipment safety requirements for motorcycles or the Consumer Products Safety Commission safety equipment guidelines for bicycles when conduction their inspections. My guess is that it's open to interpretation by the individual inspector. ~Barnfresh