In law, sometimes simple terms can have complicated meanings. The term “motor vehicle” is an example. Although it may seem obvious, it is not always clear what counts as a motor vehicle. It is important to understand the legal definition of a motor vehicle because operation of a motor vehicle is an essential element of many crimes.
What is a motor vehicle?
A motor vehicle is a vehicle constructed and designed for propulsion by some form of power other than muscular power.
This definition comes from Massachusetts General Laws Chapter 90, Section 1. It applies to all motor vehicle crimes found in Chapter 90 of the General Laws. Some of the offenses include:
- All operating under the influence of alcohol or drugs crimes
- Failure to have an ignition interlock device
- Leaving the scene of an accident
- Homicide by motor vehicle
- Operating a motor vehicle negligently
- Illegal racing
- Reckless operation of a motor vehicle
- Attaching wrong plates to conceal identity
- Disabling an ignition interlock device
- Operating a motor vehicle after suspension of license
- Operating an uninsured motor vehicle
- Operating a motor vehicle without a license
- Using a motor vehicle without authority
A motor vehicle also includes any vehicle determined to be a motor vehicle by the Registry of Motor Vehicles before the offense was committed. Additionally, if a vehicle is being pulled or towed by another motor vehicle, it is still a motor vehicle.
What does NOT count as a motor vehicle?
The definition of a motor vehicle in Chapter 90, Section 1 excludes several types of vehicles. The list includes:
- Railroad cars and other vehicles that run only on rails or tracks
- Wheelchairs owned and operated by disabled people
- Vehicles operated or guided by a person on foot
- Vehicles used for purposes other than transporting property, cannot exceed 12 miles per hour, and are used exclusively for building or maintaining highways or are designed to be used other than traveling on the traveled part of ways
Is a “motorized bicycle” or “motorized scooter” a motor vehicle?
The answer is it depends on the crime.
First, both of these terms have legal definitions.
A motorized bicycle is a pedal bicycle that has a helper motor or a non-pedal bicycle that has a motor with a cylinder capacity of not more than 50 cubic centimeters, an automatic transmission, and a maximum speed of no more than 30 miles per hour. A motorized bike is NOT the same as an electric bike. You need a valid driver’s license to operate a motorized bike.
A motorized scooter is any two-wheeled tandem or three-wheeled device that has handlebars, is designed to be stood on or sat upon by the operator, and is powered by an electric or gas motor that can propel the device with or without human assistance. A motorized scooter does not include a motorcycle, a motorized bicycle, an electric bicycle, or a three-wheeled motorized wheelchair. You need a valid driver’s license to operate a motorized scooter.
A motorized bike or scooter is a motor vehicle if the crime regulates the way in which a vehicle is operated. If the crime does NOT regulate the way in which a vehicle is operated, they are not considered motor vehicles.
Crimes regulating the way in which a vehicle is operated include:
- Operating under the influence of alcohol and drugs
- Failure to have an ignition interlock device
- Leaving the scene of an accident
- Homicide by motor vehicle
- Operating a motor vehicle negligently
- Illegal racing
- Operating a motor vehicle recklessly
Crimes that do NOT regulate the way in which a vehicle is operated include:
- Attaching wrong plates to conceal identity
- Disabling an ignition interlock device
- Operating after suspension of license
- Operating an uninsured motor vehicle
- Operating without being licensed
- Using a motor vehicle without authority
Is a “recreation vehicle” or “snow vehicle” a motor vehicle?
Yes, they are motor vehicles if operated on a public way.
Both of these terms have legal definitions.
A recreation vehicle is any motor vehicle designed or modified for use over unimproved terrain for recreation or pleasure when not being operated on a public way. Examples include ATVs, off-highway motorcycles, and dirt bikes.
A snow vehicle is a motor vehicle that is designed to travel over ice or snow, has a curb weight of not more than 1,000 pounds, is driven by track or tracks in contact with the snow or ice, and is steered by a ski or skis in contact with the snow or ice.
A public way is a street or highway open to the public and is controlled and maintained by some level of government. Click here for more information on public ways.
Is a “motorcycle” a motor vehicle?
Yes, a motorcycle is a motor vehicle. The legal definition of a motorcycle is a motor vehicle that has a seat or saddle for the rider and is designed to travel with one, two, or three wheels in contact with the ground.
A bicycle with a motor or driving wheel attached counts as a motorcycle. A golf cart does not. Industrial three-wheeled trucks also do not count. Neither does a motor vehicle on which the operator and passenger ride within an enclosed cab. A motorized bicycle is also excluded from the definition.
Why is it important to understand the legal definition of a motor vehicle?
If you are charged with a crime, the Commonwealth must prove each element of the offense beyond a reasonable doubt. For motor vehicle crimes, this includes that the accused was operating a motor vehicle. Since this term is so technical, it is important that you contact an experienced criminal defense attorney for legal advice on whether the involved vehicle meets the legal definition of a motor vehicle for your particular situation.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A MOTOR VEHICLE CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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