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This page last updated February 22nd, 2010
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ALTERNATIVE VEHICLES WORKING GROUP REPORT
To the Joint Standing Committee on Transportation
February 2010
Presented by Garry Hinkley, Director
Vehicle Services Division, Maine Bureau of Motor Vehicles
Introduction
The Joint Standing Committee on Transportation requested that the Maine Bureau of Motor Vehicles (BMV) convene a working group on alternative vehicles (AVWG). The request was made due to the introduction of several bills related to alternative vehicles. These included bills on low speed vehicles (LSVs), medium speed vehicles (MSVs), autocycles, mini-trucks, and modified utility vehicles. The Transportation Committee’s request noted that the state and federal laws regarding these types of vehicles are complex, and requested the Bureau to compile and analyze other states’ policies.
In its charge to the Bureau, the Transportation Committee recognized the desirability of encouraging alternative vehicles that are more fuel efficient, economical, and environmentally responsible, but which do not adversely affect highway safety. The Transportation Committee charged the AVWG to review state and federal laws regarding various types of alternative vehicles and to make recommendations for possible adjustments to Maine law. The AVWG specifically was charged with focusing on policies related to safety issues as well as potential environmental impacts.
The Bureau was asked to invite participation from the Department of Public Safety, the Department of Environmental Protection, the Department of Transportation, and from the public. Appendix A is a complete list of working group participants.
Between the Transportation Committee’s charge and the commencement of the working group’s work, a second issue arose. The issue had to do with the on-road operation of homemade and fabricated non-standard recreational vehicles, often called “dune buggies”. (The term “dune buggy” is not defined in Maine motor vehicle law. The term is used here to refer to automobile-type vehicles made from older automobile components or fabricated parts.) The AVWG included several members specifically interested in on-road recreational-type vehicles. Since there are many overlapping issues with other alternative vehicles, the “dune buggy” topic was added to the working group’s agenda.
The working group met twice. The first meeting was devoted primarily to reviewing federal and Maine motor vehicle safety and emissions regulations that affect alternative vehicles. The second meeting was devoted to reviewing survey results and research, and discussing possible recommendations. The AVWG’s meeting minutes and presentation materials are available upon request.
The working group surveyed and reviewed other states’ laws relative to LSVs, MSVs, mini-trucks, and recreational-type vehicles. The results are in Appendixes C and D.
Alternative Vehicle Working Group
The people listed below contributed to the Alternative Vehicle Working Group by attending at least one of the two working group meetings.
Catherine Curtis, Deputy Secretary of state for the Bureau of Motor Vehicles
Lt. Christopher Grotton, Maine State Police, Traffic Division
Garry Hinkley, Dir. Vehicle Services Division, Maine Bureau of Motor Vehicles
Garry.hinkley@maine.gov 207/624-9055
Sgt. Brian Scott, Maine State Police, Traffic Division
Scott Wilson, Environmental Specialist III, Maine DEP, Air Bureau
David W. Guilmette, Dir., Office of Investigations, Maine Bureau of Motor Vehicles
Bruce Hurley, Sr. Detective, Office of Investigations, Maine Bureau of Motor Vehicles
Gary Williams, Office of Policy and Communications, Maine DOT
Mark Newcomb, recreational vehicle hobbyist/fabricator
William Drinkwater, Executive Director, E.V. Maine
Steve Daniel, recreational vehicle hobbyist
The Honorable David Cotta, State Representative, District 55
The Honorable Anna Blodgett, State Representative, District 56
Nikki Bachelder, Secretary, Vehicle Services Div. Maine Bureau of Motor Vehicles
Nikki.bachelder@maine.gov 207/624-9191
Summary
The National Highway Traffic Safety Administration (NHTSA) is charged with establishing safety regulations for the manufacture and importation of motor vehicles intended for highway use. NHTSA is an agency of the United States Department of Transportation. NHTSA tests and adopts safety standards for motor vehicles and vehicle components. NHTSA’s standards are appropriate for the vehicle classification. That is, there are lesser standards for motorcycles and low speed vehicles, than for automobiles. Once NHTSA has adopted a safety standard, it is effective for all subsequent model years. (Therefore, determining the correct model year is critical when discussing reconstructed or composite vehicles such as dune buggies.)
The United States Department of Environmental Protection establishes fuel efficiency and emission standards for highway vehicles. Automobiles and trucks sold new in Maine are subject to the stricter California emissions standards.
It is a violation of federal law to manufacture, import, or offer for sale for highway use any motor vehicle that does not meet the applicable NHTSA or EPA standards. Manufacturers and importers apply to the appropriate federal agencies for certification. Generally, these requirements are enforced through the motor vehicle titling process. Motor vehicle titles generally indicate the vehicle type, and whether the vehicle is certified for on highway or off highway use. Maine law prohibits the registration of off-highway vehicles for highway use. (29A MRSA §354.)
NHTSA’s Federal Motor Vehicle Safety Standards may be found at:
http://www.access.gpo.gov/nara/cfr/waisidx_07/49cfrv6_07.html#501
Generally, NHTSA’s Federal Motor Vehicle Safety Standards (FMVSS) apply to manufactures, dealers, garages and importers. There are no specific penalties against states permitting non-complying motor vehicles on their public roadways, or for individuals who may construct or alter vehicles: for example, for altering a low speed vehicle to be able to travel at higher speed. However, the EPA theoretically can sanction individuals who tamper with emission controls, or who operate non-complying motor vehicles on the public ways.
Maine law requires motor vehicles to have an annual safety inspection. A vehicle must conform to the safety and emissions standards for its model year. For example, automobiles manufactured after 1966 must have seat belts. Generally, for a composite or altered vehicle, the model year is determined by the vehicle’s frame. Engines generally must be of the same family. A “dune buggy” with a shop-manufactured frame is classified by the year the frame was constructed, and is subject to the safety inspection requirements for that year. A dune buggy made primarily with a 1971 Volkswagen frame would be considered a 1971 model year vehicle.
Findings and Recommendations
Electric/Alternative Fuel Vehicles. Both the technology and the marketplace are evolving rapidly with respect to alternative vehicles. Several companies either offer or soon will offer competitively priced, practical high MPG or electric automobiles. These vehicles are able to comply with all FMVSS and EPA requirements. The availability of high MPG and electric automobiles obviates the need for transitional vehicles such as medium speed vehicles not meeting FMVSS. The recently authorized autocycle also can fill the niche between LSVs and automobiles for a cost effective, fuel efficient vehicle for local travel.
As fuel efficiency increases and different types of motive power become more common, the adequacy and equity of the motor fuel tax becomes an issue. For example, electric-powered vehicles do not pay any motor fuel tax for the use of the highway system. Consideration should be given to developing an equitable and efficient means of taxing automobiles based on highway usage. Prior to about 1992, the fee to register electric-powered vehicles was ten dollars greater than for conventional automobiles.
Maine Laws and Procedures. Maine laws, with respect to LSVs, MSVs, mini-trucks and utility vehicles, are consistent with those of most states. Further, Maine law and policy is congruent with federal safety and emissions requirements. The working group believes that it would adversely affect public safety, and would be a public disservice to deviate significantly from current alternative vehicle policies.
Niche Vehicles. There will be a continuing demand for niche vehicles such as low speed vehicles, autocycles, motorized bicycles, and mopeds. The demand will increase as the price of fuel increases. Maine’s current laws comply with federal requirements, and strike a balance between mobility and safety.
Safety. Safety considerations for both vehicle occupants and other highway users must be paramount, and safety standards should be independent of motive power.
Hobbyist/Recreational/Homemade/Non-Standard Vehicles. There are a small group of vehicles, commonly known as “dune buggies” which have been registered in Maine even though some of these vehicles may not meet FMVSS or EPA requirements, or state inspection standards. Most of these vehicles are heavily modified, reconstructed, or fabricated vehicles, and do not conform to any established vehicle class (such as antique, street rod, or custom vehicle.) Many have BMV-assigned VINs. There is a mistaken belief that an assigned VIN constitutes roadworthiness. The purpose of a BMV VIN assignment is to establish that the vehicle’s major components are not stolen, and that the ownership documents are in order. VIN assignment does not constitute a safety inspection.
Given the confusion about this type of vehicle, the AVWG recommends that any dune buggy which does not meet applicable safety standards for its model year, and which previously has been registered, should be allowed to continue to be registered by the same owner, provided the vehicle meets basic safety requirements established by the State Police.
Non-Standard Vehicle Designs. Except for the proposed grandfathering of certain hobbyist vehicles which have been previously registered, homemade or other non-standard motor vehicles which have not received NHTSA and EPA approval should be required to pass a certification process prior to registration. The AVWG recommends that any non-standard motor vehicle be certified by a professional automotive engineer registered with the Society of Automotive Engineers. http://www.sae.org/ The professional engineer should certify that the motor vehicle meets FMVSS and EPA standards for its class and model year. (See Appendix E for a flow chart and Appendix F for draft proposed legislation.)
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Vote YES on Question 2
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MAINE VOTERS
Question 2: Citizen Initiative
Do you want to cut the rate of the municipal excise tax by an average of 55% on motor vehicles less than six years old and exempt hybrid and other alternative-energy and highly fuel-efficient motor vehicles from sales tax and three years of excise tax?
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This initiative would become law 30 days after the election and would reduce the excise tax on all vehicles that are five years old or less. In addition, it would exempt any vehicle from three years of excise tax if it gets 40 mpg or more according to EPA mileage ratings. Also, all new hybrid, hybrid-electric, hydrogen, propane, natural gas, battery electric and direct solar powered vehicles would be exempt from initial sales tax plus their first three years of excise tax.
The reason this new law could be beneficial to all is because it would give Mainers financial incentives to buy very fuel efficient/low or zero emissions vehicles. These types of financial incentives are already in place throughout Europe, and are helping to create demand for less-polluting cars and trucks there.
Currently Maine’s vehicles, particularly cars, light trucks and SUVs, contribute more than one third of Maine’s greenhouse gas emissions according to the Maine DOT. This new law would be both a practical and a personally beneficial way to incentivize people to reduce the damaging health and environmental consequences of our vehicle emissions.
EVMaine.org officially endorses YES on Question 2
Please vote YES on Question 2 on November 3rd, 2009
So we can all breathe easier
This Citizen Initiative Was Defeated
No 74.05% Yes 25.95%
THE ILLEGAL OUTRAGE!
The State of Maine required that several pages of information about the election be placed in each voting booth. The top page of those documents was about Question 2. It described all of the monies that potentially several State and local bodies would lose if Question 2 was passed.
No mention at all was made of how the benefits of this bill would help to clean up the Maine environment or the World’s environment at a time when the Earth’s climate is destabilizing, and may soon devolve into unstoppable negative feedback mechanisms (such as the worrisome methane outgassing now increasing in the Arctic, or the worsening ocean acidification that may kill all of the fish) that could eliminate most life forms on Earth.
Considering that no partisian political materials are allowed by law in the voting area, this was a gross violation of the law by some bean-counting bureaucrat who wanted to slant the outcome of this Initiative based on the money issue alone, while pretending to explain the issue.
Sometimes money should not be the only consideration. Incentivizing the public to do things that are good for the environment might help to save us all. Mother Nature doesn’t give a damn about money, as we’re all about to learn - the hard way.
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STATES’ RIGHTS PREVAIL IN VEHICLE EMISSIONS RULES
MAINE AMONG THE 16 STATES TO GET WAIVER FROM WASHINGTON
Click Here
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Special Report
NEW MAINE ‘AUTOCYCLE’ BILL WAS PASSED
AND IS NOW THE LAW
Tom Joyal in his ZAP Xebra truck in Kennebunk, Maine
The new, totally redesigned 2009 ZAP hatchback car
This new law will allow three-wheeled vehicles, such as the ZAP electric vehicles above, on Maine roads. The bill received a unanimous “Ought to Pass” vote from its second hearing at the Legislative Transportation Committee after much discussion on February 12th, 2009. The Bill was passed by the full Legislature, and Governor Baldacci signed it in May 2009. The law will take effect 90 days after the legislature adjorns so it will go into effect around September 15th, 2009.
Here is the definition of an Autocycle as currently defined in this law:
1. An Autocycle is any 3 wheeled vehicle with an enclosed cab in which the driver sits.
2. An Autocycle must have either a roll bar, or a strong, reinforced cab structure. It must also have a seat belt for each person in the vehicle.
3. Although classified as a motorcycle under federal law because it has three wheels, Maine will not require the driver of an Autocycle to wear a motorcycle helmet inside the cab or to possess a motorcycle riders endorsement on his/her drivers license. A regular automobile drivers license will be required.
4. An Autocycle can be driven only on Maine roads that have a posted speed limit of 45 mph, or less.
5. An Autocycle is allowed to be in either a car or a truck configuration, but all loads are restricted to not more than the manufacturers’ recommended weight limits.
6. An Autocycle will display a motorcycle-size license plate with the word ‘Autocycle’ on it.
7. An Autocycle must also meet all mechanical and safety requirements as outlined in the revised Autocycle section of the Maine Motor Vehicle Inspection Manual of the Maine State Police.
8. An Autocycle must comply with all federal emissions standards, as required.
9. A legislative review process to make sure that Autocycles are safe on Maine roads will take place in two years, and then the acceptance of Autocycles on Maine roads will become permanent.
Note: This bill has no effect whatsoever on traditional 3-wheeled, gasoline-powered, open-framed motorcycle ‘tricycles’, which are already allowed on all Maine roads.
The person who sponsored this law (LD 152) was Representative Gary Connors. He can be reached at 207-985-5733 or through email at gary@garyconnor.org
WHAT DOES THIS NEW LAW MEAN?
Currently, there are only two classifications of battery-powered electric vehicles that can be driven on Maine roads; Low speed electric cars and highway speed electric vehicles. Low speed electric cars are allowed to go up to 25 miles per hour and are ideal for running local errands on roads posted up to 35 mph for about one and one half cents of electricity cost per mile.
Another new Maine law recently passed also allows Low Speed trucks, as well as Low Speed cars on Maine roads.
However, autocycles provide a new intermediate category for battery electric vehicles for today that are very practical because they can be legally driven on most rural Maine roads since almost all such roads are posted for 45 mph, or less. Also autocycles can easily be configured to have a much longer driving range per charge than the typical low speed electric vehicle.
So Autocycles are a way of introducing an affordable and a more practical zero emissions electric vehicle quickly into our vehicle mix.
Practical highway-speed electric vehicles are just becoming commercially available in this country and still tend to be quite expensive, but a few Maine early adoptors have already converted their regular gasoline-powered vehicles to battery electric drive. These vehicles are registered and can be driven just like any standard vehicle on any road in Maine, except they never need any gasoline. They won’t yet go as far on a charge as a typical gasoline-powered vehicle because better battery chemistries are still unaffordable, until they soon get into in mass production.
In 2010 highway speed battery electric vehicles will be in mass production and in widespread use around the world, barring a Great Depression, Peak Oil, an asteroid or comet strke, the Yellowstone caldera blowing up, Nuclear War, a major human dieoff, severe Climate Change, etc, etc.
Battery electric vehicles are the only zero emissions vehicles on the road today, and hydrogen-powered cars, which remain basically just a Detroit distraction from battery electric cars with their low operating and maintenance costs, are a tecrhnology that is still 20 years away, not to mention tens of billions more needed for a nationwide hydrogen filling station infrastructure.
EVMaine Endorsement
EVMaine.org officially endorses Autocycles and commends the Maine LegislativeTransportation Committee, the Secretary of State, the Maine Bureau of Motor Vehicles and the Maine State Police for their visionary support of this new law that allows these practical, affordable, safe and zero emissions vehicles on Maine roads.
And thanks also to Tom Joyal of Old House Parts in Kennebunk for initiating this bill.
Click Here
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LD 907 THIS BILL WAS KILLED
An Act To Amend the Speed Limits for Low-speed Vehicles
By Bill Drinkwater - My purpose for introducing this bill was to increase the speed limits on low speed electric cars in Maine by only ten miles per hour because that would have allowed them to be driven up to 35 mph on roads posted up to 45 mph, which is almost all of rural Maine’s roads, plus they would have been much more flexible and practical to drive in Maine’s cities.
The result would have made low speed electric cars much more useful and salable in Maine, thereby allowing consumers all the benefits of the economical driving that low speed electric cars offer.
These zero emissions electric vehicles would also reduce the amount of pollution that would otherwise be going into our atmosphere, as well as reduce the amount of foreign oil we would need to import.
In addition, this would have given our low speed electric car dealers a shot in the arm just when sales were lagging.
Only my Representative, Jayne Giles, who submitted the bill, and myself were there to support this bill. We gave it our best shots, but it looks like it will be almost certain not to pass mainly because it crosses swords with the Federal Low Speed Electric Cars law. Although that Federal law might eventually be modified by the Obama Administration, the new Administration has not yet had a chance to fully address Federal Transportation Policies.
Bill LD 907 was voted “Ought not to pass” by the Legislative Transportation Committee after both the Maine Bureau of Motor Vehicles and the Maine State Police had earlier spoken out against this bill. It was rejected on Thursday, April 2nd, 2009. At least we tried...
A Study Group is now being formed to report back to the Committee about alternative vehicles on Maine roads.
Maine Electric Vehicle Laws and Incentives
EQUIPMENT REQUIREMENTS FOR LOW-SPEED ELECTRIC VEHICLES IN MAINE
Click Here
OPERATION OF LOW-SPEED ELECTRIC VEHICLES IN MAINE
Click Here
Alternative Fueling Infrastructure Tax Credits
A tax credit is available for up to 25% of expenditures incurred for the construction, installation of, or improvements to any fueling or charging station for the purposes of providing clean fuels to the general public for use in motor vehicles. Clean fuels include compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, alcohol fuels containing at least 85% alcohol by volume, and electricity. This tax credit is available for tax years ending on or before December 31, 2008. Any portion of unused credits may be carried over into subsequent years as needed. Click Here
State Laws and Incentives
Alternative Fuel and Alternative Fuel Vehicle (AFV) Promotion
A responsibility of the Energy Resources Council is, in coordination with the Department of Environmental Protection, to evaluate the costs and benefits of state government actions to stimulate an increase in the use and production of alternative fuels, including biofuels, and the use of AFVs in the state. Click Here and Click Here
Low-Speed Vehicle Access to Roadways
Low-speed vehicles may only be used on roadways with posted speed limits of up to 35 miles per hour. Low-speed vehicles must be registered and meet specified state and federal safety equipment requirements. Click Here
Alternative Fuel Vehicle (AFV) and Fueling Infrastructure Loans (Includes charging stations for electric vehicles)
- The Clean Fuel Vehicle Fund is a non-lapsing revolving loan fund managed by the Finance Authority of Maine and may be used for direct loans to finance all or part of any clean fuel vehicle project. The Finance Authority of Maine may also insure up to 100% of mortgage payments with respect to mortgage loans for clean fuel vehicle projects. Click Here
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Provision for Establishment of Clean Fuel Vehicle Insurance Incentives
An insurer may credit or refund any portion of the premium charged for an insurance policy on a clean fuel vehicle in order to encourage its policyholders to use clean fuel vehicles, if insurance premiums on other vehicles are not increased to fund these credits or refunds. Click Here
All Maine Motor Vehicle Laws are found Here
All Maine Bureau of Motor Vehicles Telephone Numbers
www.maine.gov
Definitions of Off-Road Vehicles, Motorized Scooters, Mopeds and Motorcycles, including electric-powered vehicles
www.maine.gov
MAINE CLEAN AIR TESTIMONY
Chapter 127 New Motor Vehicle Emission Standards Zero Emission Vehicle Sales
Click Here
Links to All Maine Motor Vehicle Laws
janus.state.me.us
Locations and Hours of Bureau of Motor Vehicles Branch Offices
www.maine.gov
Maine Laws for Vehicle Registrations and Titles
www.maine.gov
Understanding Maine's Motorcycle Inspection Requirements
ubm-usa.org
List of Maine Eight Hour Motorcycle Rider Permit Courses
ubm-usa.org
List of Maine Two Day Motorcycle Hands-On Courses
ubm-usa.org
‘Learn to Ride’ Maine Motorcycle Rider Courses
learn2ridemc.com
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