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