Legislative Update : Autocycles and Toll Roads
Hello Motorcycle Enthusiasts ,
I attended the interim committee meeting of the Transportation Legislative Review Committee ( TLRC ) on Aug . 31st and there was a discussion about an Autocycle Bill . In previous articles I mentioned the need for such a bill to keep accurate data on accidents and fatalities . Statistics show there has been an increase in highway fatalities for both cars and motorcycles in 2015 and so far in 2016 . But how many of the motorcycle fatalities involve 3-wheeled vehicles that really aren ’ t motorcycles , such as the Polaris Slingshot , the Tanon Invader , the Campagna T-Rex or Toyota ’ s Elio and I-Road ? Or even the newly introduced in Denver , the Tuk-Tuk ? The concern is that Legislators and unelected bureaucrats will think the only solution is a mandatory helmet law . ABATE supports safety measures when riding , but believes that helmets should be a personal choice . We think accident prevention is a lot better than “ safercrashing ” and fatalities can be prevented through rider education and public awareness of motorcycles . The Autocycle discussion at the TLRC , driven mostly by the Colorado State Patrol ( CSP ), wasn ’ t exactly about categorizing all these 3-wheeled vehicles but more about child safety regulations . There are no child safety regulations on motorcycles in Colorado , other than the passenger has to be able to reach the foot pegs and must wear a helmet . So you could sit your 4-year old in the passenger seat of your Slingshot , put the seatbelt down across his helmet ( since seat belts aren ’ t really designed for small children ) and be perfectly legal . But really , how safe is that ?
Currently , CRS 42-1-102 ( 7.5 ) says : “ Autocycle ” means a threewheeled motor vehicle in which the driver and each passenger rides in an enclosed seating area that is equipped with : Safety belts for all occupants that comply with section 42-
4-237 ; Airbag protection ; and A hardtop enclosure that protects occupants from the elements and that supports the vehicle ’ s weight without harming the occupants when the vehicle is resting on the enclosure .
The State Patrol ’ s thoughts are that if the definition of Autocycles is changed or a new category established such as “ alternative vehicles ”, then child regulations could be written for these 3-wheeled vehicles and child passengers
would be much safer . Below is the actual verbiage from the TLRC August 31st Meeting summary :
Representative Tyler requested Dave Hall , Colorado State Patrol , to come to the table to discuss a bill related to safety regulations for three-wheeled vehicles . Sgt . Hall discussed prior legislation related to autocycles , how autocycle design has changed , and child safety concerns related to a lack of hard-top enclosure in these new designs . He stated that the bill would be a temporary fix until federal regulations are put in place . Sgt . Hall discussed two places in statutes that could be amended to create this fix , and reminded the committee that it will have to have a future discussion about vehicles that do not fit the National Highway Traffic Safety Administration . Representative Tyler recommended that a sunset date or a repeal date when the NHTSA standard was set be included in the bill .
Dennis Haberstumpf , ABATE of Colorado , came to the table to describe autocycles to the committee .
Final vote - YES : 14 NO : 0 EXC : 4 ABS : 0 FINAL ACTION : PASS
A draft bill is being written and at the next meeting of the TLRC ( October 5th ) discussion and approval of interim bills will be take place .
Also of importance to Colorado motorcyclists : “ This fall , CDOT will begin implementing new procedures for motorcycles on the Colorado Express Lanes . Currently , motorcycles need an ExpressToll account and a Motorcycle Sticker Tag in order to drive for free on the US 36 and I-25 Express Lanes . Later this fall , motorcycles will no longer need an ExpressToll account or sticker tag in order to drive these Express Lanes for free . These changes will not affect the I-70 Mountain Express Lane , Northwest Parkway , or E-470 , as these locations do not offer free travel for motorcycles . Motorcycles can continue to drive all Colorado tolling facilities without a Motorcycle Sticker Tag , but as always , drivers with an ExpressToll account will receive the lowest toll rate .” ABATE fought this regulation during the 2016 General Assembly session . Advocacy and persistence does pay off !
As for the questionnaires I sent via Survey Monkey to the candidates for the CO General Assembly elections , the results are printed in ABATE ’ s October newsletter , the Spokesman , which can be viewed at www . abateofcolo . org . It will give you an idea of how “ biker-friendly ” the candidates are and help you when election time comes this year . Hope all of you are registered to vote and participate in the elections .
Stump ABATE of Colorado – Legislative Affairs Officer
6 Thunder Roads Magazine ® Colorado October 2016 www . thunderroadscolorado . com