Can the Texas DMV title and register a three-wheeled electric low-speed vehicle as a motorcycle, and what counts as a 'saddle'?

Plain-English summary

A state representative asked the Attorney General whether the Texas Department of Motor Vehicles may title and register three-wheeled, electric, low-speed vehicles. Many states register these as motorcycles, but the Department took the position that it lacked statutory authority to do so in Texas, because the vehicle it reviewed did not meet the Transportation Code's definition of a "motorcycle" in section 541.201(9): it lacked the rider's "saddle" that statute requires. The representative pushed back, pointing to a federal regulation that defines a motorcycle as having "a seat or saddle" and to a Texas operating statute that uses the word "seat," and asked the AG to clarify what the fixture a rider sits on must be, and then to confirm that the vehicles are eligible for titling and registration.

The AG explained that "motorcycle" is not defined just one way. A vehicle can qualify as a motorcycle under any of three provisions, each carrying its own seating requirement. Under section 541.201(9), a motorcycle is a motor vehicle with a rider's saddle and no more than three wheels. The statutes do not define "saddle," so the AG used the common dictionary meaning: a saddle is a seat shaped like a horse saddle, designed to be straddled. A saddle is one kind of seat, but not all seats are saddles, so a court would likely read section 541.201's "saddle" to mean a straddle-type seat. Under section 521.001(a)(6-a), an enclosed three-wheeled passenger vehicle with a steering wheel and seats meeting Federal Motor Vehicle Safety Standard No. 207 is a motorcycle, and that definition does not require a saddle. And under section 501.008, an "autocycle," which has a steering wheel and seating that does not require the operator to straddle the seat, is treated as a motorcycle for titling. So a non-saddle seat is fine for two of the three definitions.

The AG also knocked down the two textual arguments in the request. The federal regulation's "seat or saddle" definition does not control, because the Texas Legislature never adopted that phrase into the statutes. And section 545.416, which requires a motorcycle operator to "ride on the permanent and regular seat attached to the motorcycle," does not make "seat" and "saddle" synonyms; it just applies to whatever type of seat a motorcycle has, including a saddle.

On the second question, whether three-wheeled low-speed electric vehicles are eligible for titling and registration, the AG declined to answer. Whether any particular vehicle fits one of the motorcycle definitions, or some other regulated category, depends on the vehicle's specific design and characteristics, which is a fact question the opinion process does not resolve. More importantly, the AG noted, the Legislature specifically delegated the classification of motorcycles to the Department, which may define motorcycle types by rule and may determine a vehicle's classification in disputed cases. So the answer to eligibility belonged to the Department, not the Attorney General.

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. The Transportation Code's vehicle definitions and the Department's classification rules can be amended, so verify current law before relying on any specific definition mentioned here.

What the opinion meant for those who asked

The opinion gave the representative, the Department, and vehicle manufacturers a clear map of the definitions without resolving the underlying dispute. For the Department of Motor Vehicles, the takeaway was twofold: section 541.201's saddle requirement really does mean a straddle-type seat, so a vehicle without one does not fit that particular definition, but two other definitions (sections 521.001 and 501.008) do not require a saddle at all, so the absence of a saddle is not the end of the inquiry. For manufacturers and dealers of three-wheeled electric vehicles, the opinion meant the path to motorcycle titling ran through whichever statutory definition the vehicle's design actually met, and that the question of any specific vehicle's eligibility was the Department's to decide. The AG was explicit that it would not confirm eligibility itself, both because that turned on facts and because the Legislature had handed motorcycle classification to the Department.

Common questions

Q: Is there one definition of "motorcycle" in Texas?
A: No. The AG explained that a vehicle can qualify as a motorcycle under section 541.201(9), section 521.001(a)(6-a), or the autocycle definition in section 501.008, and each has its own seating requirement.

Q: What is a "saddle" under section 541.201?
A: Because the statute does not define it, the AG used the common meaning: a seat designed similarly to a horse saddle, to be straddled by the rider. A saddle is a type of seat, but not all seats are saddles.

Q: Does a three-wheeled vehicle need a saddle to be a motorcycle?
A: Not always. Under sections 521.001 and 501.008, a motorcycle may have a non-saddle seat. Only section 541.201 requires a rider's saddle.

Q: Did the AG decide whether DMV can register these vehicles?
A: No. The AG declined that question, because whether a particular vehicle qualifies depends on its facts, and because the Legislature delegated motorcycle classification to the Department, which may define motorcycle types by rule and resolve disputed classifications.

Background and statutory framework

The opinion reads several vehicle definitions side by side. Chapters 501 and 502 of the Transportation Code govern titling and registration, and both define "motorcycle" by reference to section 521.001 or section 541.201. Section 541.201(9) requires a rider's saddle; the AG construed the undefined word "saddle" by its ordinary meaning, applying the interpretive rule from Harris Cty. Appraisal Dist. v. Tex. Workforce Comm'n, then read section 521.001(a)(6-a), which defines an enclosed three-wheeled vehicle with a steering wheel and seats meeting Federal Motor Vehicle Safety Standard No. 207 (49 C.F.R. section 571.207). Section 501.008 defines an autocycle, expressly requiring seating that does not require the operator to straddle the seat, and treats it as a motorcycle for titling and related purposes. The AG declined the eligibility question under its fact-question limit (citing Opinion KP-0178 (2018)) and under the delegation to the Department in sections 521.001(c) and 502.056. A footnote noted that the 86th Legislature considered, but did not pass, House Bill 2163 and Senate Bill 1863, which would have amended the neighborhood-electric-vehicle definition in section 551.301 to encompass three-wheeled vehicles.

Citations and references

Statutory and regulatory provisions:

• Tex. Transp. Code § 541.201, § 521.001, § 501.008, § 502.056, § 545.416 (motorcycle and autocycle definitions; classification)
• 49 C.F.R. § 571.3, § 571.207 (federal motorcycle definition; seat safety standard)
• 43 Tex. Admin. Code §§ 217.3, 217.45 (Department titling and plate rules)

Case:

• Harris Cty. Appraisal Dist. v. Tex. Workforce Comm'n, 519 S.W.3d 113 (Tex. 2017)

Related opinion:

• Tex. Att'y Gen. Op. No. KP-0178 (2018) (the office does not resolve questions of fact in the opinion process)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/ken-paxton/kp-0331
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0331.pdf

Original opinion text

KEN PAXTON
ATTORNEY GENERAL OF TEXAS

September 14, 2020

The Honorable Tracy O. King
Chair, House Committee on Licensing and Administrative Procedures
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910

Opinion No. KP-0331

Re: Authority of the Texas Department of Motor Vehicles to title and register three-wheeled, electric, low-speed vehicles (RQ-0337-KP)

Dear Representative King:

You ask whether the Texas Department of Motor Vehicles (the "Department") may title and register three-wheeled, electric, low-speed vehicles.¹ You tell us that many states title and register these vehicles as motorcycles, but that the Department contends it lacks the statutory authority to do so in Texas. Request Letter at 1. You further explain that the Department determined that such vehicles do not meet the definition of a "motorcycle" in subsection 541.201(9) of the Transportation Code because they lack the rider's "saddle" required by that statute.² Id. at 2; TEX. TRANSP. CODE § 541.201(9). You posit that whether a vehicle is equipped with a saddle type of seat may not determine whether the vehicle is a motorcycle. Request Letter at 2. You explain that some states base their licensing and titling of the vehicles as motorcycles using federal law, such as a federal administrative regulation defining a motorcycle as having "a seat or saddle." Id. at 1 (emphasis added) (citing 49 C.F.R. § 571.3). You also note that a Texas statute concerning operation of a motorcycle uses the word "seat," requiring the operator to "ride on the permanent and regular seat attached to the motorcycle," from which you conclude that "the terms 'saddle' and 'seat' appear to be synonymous." Id. at 2 (citing TEX. TRANSP. CODE § 545.416). You first "ask for clarification on the definition of the fixture on which a rider sits while operating or riding as a passenger on a motorcycle in the State of Texas." Id. Should we disagree with the Department's position that basing registration of a vehicle as a motorcycle depends on whether the vehicle has a saddle type seat, you ask that we confirm that three-wheeled, low-speed, electric vehicles are eligible for titling and registration by the Department. Id.

Chapters 501 and 502 of the Transportation Code govern the titling and registration of motor vehicles. TEX. TRANSP. CODE §§ 501.001-.179 ("Certificate of Title Act"), 502.001-.492 ("Registration of Vehicles"). Both chapters define the term "motorcycle" by reference to definitions in section 521.001 or section 541.201, as applicable to the particular vehicle under consideration. Id. §§ 501.002(16), 502.001(24).

We begin with the definition referenced in your letter, section 541.201. That section defines "motorcycle" as "a motor vehicle, other than a tractor or moped, that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground." Id. § 541.201(9); see also id. § 661.001(1) (defining motorcycle as "having a saddle for the use of the rider" for purposes of the chapter requiring motorcycle protective headgear). The statutes do not define the word saddle. Courts interpret an undefined term in a statute according to its common, ordinary meaning "unless a contrary meaning is apparent from the statute's language or the common meaning would lead to absurd or nonsensical results." See Harris Cty. Appraisal Dist. v. Tex. Workforce Comm'n, 519 S.W.3d 113, 121-22 (Tex. 2017). A saddle is commonly understood to be "a seat shaped to fit the inside contours of the buttocks of a rider on horseback . . . [or] a seat similarly designed to be straddled on a bicycle, or motorcycle, or similar vehicle." WEBSTER'S THIRD NEW INT'L DICTIONARY 1816 (2002) (emphasis added). Under the common understanding of the term, a saddle is a type of seat, but not all seats are saddles. Thus, a court would likely conclude that a saddle required for a vehicle to be a motorcycle under section 541.201 means a seat designed similarly to a horse saddle to be straddled by the rider.³ See TEX. TRANSP. CODE § 541.201(9).

A vehicle may also be classified as a motorcycle under section 521.001. See id. § 521.001. That section defines a motorcycle to include an enclosed three-wheeled vehicle that meets specified requirements as applicable, including federal safety requirements for seating and vehicle structure. Id. § 521.001(a)(6-a). To qualify as a motorcycle, the vehicle must, among other things, be

an enclosed three-wheeled passenger vehicle that:
(A) is designed to operate with three wheels in contact with the ground;
(B) has a single, completely enclosed, occupant compartment; and
(C) at a minimum, is equipped with:
(i) seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, 49 C.F.R. Section 571.207 . . . .

Id. Federal Standard No. 207 establishes a seat standard concerning "seats, their attachment assemblies, and their installation to minimize the possibility of their failure by forces acting on them as a result of vehicle impact." 49 C.F.R. § 571.207 S1. For federal purposes, the standard "applies to passenger cars, multipurpose passenger vehicles, trucks and buses." Id. § 571.207 S2. The federal standard requires the driver to have an "occupant seat" that meets specified performance requirements. Id. § 571.207 S4.1-2. An "occupant seat" is "a seat that provides at least one designated seating position." Id. § 571.207 S3. The Texas statute requires additionally that the enclosed vehicle have a steering wheel and meet other requirements.⁴ TEX. TRANSP. CODE § 521.001(a)(6-a)(C). Thus, neither the Texas statute nor the incorporated federal regulation require that specific type of motorcycle to be equipped with a saddle seat. Instead, a subsection 521.001(a)(6-a) motorcycle must have a seat meeting the specified federal regulations.

Finally, in addition to these definitions of a "motorcycle," the statutes provide that a variant vehicle known as an autocycle is considered a motorcycle for titling purposes. See id. § 501.008(b); see also id. §§ 502.005 (for registration), 545.416(c), (d), (f) (for certain rider requirements), 661.0015 (for protective headgear requirements). An autocycle is defined as

a motor vehicle, other than a tractor, that is
(1) designed to have when propelled not more than three wheels on the ground;
(2) equipped with a steering wheel;
(3) equipped with seating that does not require the operator to straddle or sit astride the seat; and
(4) manufactured and certified to comply with federal safety requirements for a motorcycle.

Id. § 501.008(a) (emphasis added). By operation of the terms of the statute, the seating for an autocycle must be seating other than a standard motorcycle saddle seat. Id. § 501.008(a)(3).

Thus, depending on its design and characteristics, a vehicle may be a motorcycle under Transportation Code subsection 521.001(a)(6-1), section 541.201, or section 501.008, each with its own specified seating requirements. These specified requirements are unaffected by the federal regulation and state statute identified in your request letter. Specifically, that federal regulation defines a motorcycle as "having a seat or saddle," but the Legislature has not incorporated that language into the Texas statutes.⁵ Request Letter at 1 (citing 49 C.F.R. § 571.3). Also, Transportation Code section 545.416 does not suggest that "seat" and "saddle" are synonymous. See TEX. TRANSP. CODE § 545.416. Instead, by requiring a motorcycle operator to "ride on the permanent and regular seat attached to the motorcycle," the requirement applies to any type of motorcycle seat, including a saddle seat. Id. (emphasis added).

To summarize, a vehicle that is a motorcycle under sections 521.001 and 501.008 may have a seat other than a saddle seat. Id. §§ 521.001, 501.008. But to qualify as a motorcycle under section 541.201, the vehicle must be equipped with a rider's saddle seat. Id. § 541.201(9). For purposes of that section, a rider's saddle is a seat designed similarly to a horse saddle to be straddled by the rider. Id.

In your second question, you ask this office to determine "that three-wheeled, low-speed, electric vehicles are eligible for registration and titling" by the Department. Request Letter at 2. Whether a particular vehicle qualifies as a motorcycle under sections 501.008, 521.001, or 541.201, or some other vehicle regulated in the Transportation Code, would depend on particular facts, which cannot be resolved in the opinion process. See Tex. Att'y Gen. Op. No. KP-0178 (2018) at 3 (stating that "this office does not resolve questions of fact in the opinion process"). More importantly, the Legislature specifically delegated the classification of motorcycles to the Department. See TEX. TRANSP. CODE § 521.001(c) (stating that "[t]he department by rule may define types of vehicles that are 'motorcycles' for the purposes of this chapter, in addition to those defined under Subsection (a)(6-a), and for the purposes of Chapters 501, 502, and 503"); see also id. § 502.056 (stating that in disputed cases, "the department may determine . . . the classification to which a vehicle belongs"). Thus, we decline to answer your second question.

¹ See Letter from Honorable Tracy O. King, Chair, House Comm. on Licensing & Admin. Procedures, to Honorable Ken Paxton, Tex. Att'y Gen. at 1 (Mar. 16, 2020), https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2020/pdf/RQ0337KP.pdf ("Request Letter").

² The Department indicates its review concerned a specific vehicle submitted for consideration. See Brief from Ms. Tracey Beaver, Gen. Counsel, Tex. Dep't of Motor Vehicles. at 2 (Apr. 14, 2020) (on file with the Op. Comm.) ("Dep't Brief").

³ In a statute we later discuss, the Legislature distinguished the common configuration of a motorcycle as having a saddle seat when it provided for a specialized variant known as an autocycle "that does not require the operator to straddle or sit astride the seat." TEX. TRANSP. CODE § 501.008(a)(3).

⁴ The Department informs us that visual inspection of "the vehicle in question" revealed "that the vehicle does not have a fully enclosed cab and steering wheel." Dep't Brief at 2.

⁵ Indeed, as you tell us, the 86th Legislature introduced House Bill 2163 and Senate Bill 1863 to amend the definition of a "neighborhood electric vehicle" in section 551.301 of the Transportation Code to include federal motorcycle regulations and encompass three-wheeled vehicles, but the legislation did not pass. Request Letter at 1; see also Tex. H.B. 2163, 86th Leg., R.S. (2019); Tex. S.B. 1863, 86th Leg., R.S. (2019). A neighborhood electric vehicle is a vehicle that may be operated at speeds not more than 35 miles per hour and on certain streets and highways with a posted speed limit of 45 miles per hour or less. TEX. TRANSP. CODE §§ 551.301, .303, .304. Under current law, the registration classification of neighborhood electric vehicles includes only four-wheeled vehicles. See 43 TEX. ADMIN. CODE §§ 217.3(3) (Tex. Dep't of Motor Vehicles, Motor Vehicle Titles), 217.45(c)(5) (Tex. Dep't of Motor Vehicles, Specialty License Plates, Symbols, Tabs & Other Devices).

S U M M A R Y

Chapters 501 and 502 of the Transportation Code govern the titling and registration of motor vehicles, including motorcycles. Depending on its design and characteristics, a vehicle may be a motorcycle under Transportation Code subsection 521.001(a)(6-1), section 541.201, or section 501.008, each with its own specified seating requirements.

A vehicle that is a motorcycle under sections 521.001 and 501.008 of the Transportation Code may have a seat other than a saddle as specified in those statutes. To qualify as a motorcycle under section 541.201, a vehicle must be equipped with a rider's saddle, which is a seat designed similarly to a horse saddle to be straddled by the rider. Whether a particular vehicle qualifies as a motorcycle under sections 501.008, 521.001, or 541.201, or some other vehicle regulated in the Transportation Code, would depend on the particular facts, which cannot be resolved in the opinion process.

Very truly yours,

KEN PAXTON
Attorney General of Texas

JEFFREY C. MATEER
First Assistant Attorney General

RYAN L. BANGERT
Deputy First Assistant Attorney General

RYAN M. VASSAR
Deputy Attorney General for Legal Counsel

VIRGINIA K. HOELSCHER
Chair, Opinion Committee

WILLIAM A. HILL
Assistant Attorney General, Opinion Committee