How should Virginia classify the three-wheeled ScootCoupe vehicles for driver licensing, titling, insurance, and traffic enforcement?

Plain-English summary

The Superintendent of the Virginia State Police asked how two models of the three-wheeled ScootCoupe should be classified under Virginia's vehicle code. The smaller PS50 had a 49.2cc engine and topped out at 30 mph. The larger PS150 had a 147.5cc engine and topped out at 55 mph. Both sat low to the ground (max 50 inches tall, seat under 24 inches), had manufacturer-issued VINs, and were gasoline-powered. The manufacturer marketed them as street-legal in all 50 states, with most states calling the PS150 a motorcycle and the PS50 a moped or scooter.

The AG worked through § 46.2-100, the master classification statute. Both ScootCoupes are "vehicles" (devices to transport persons on highways, not human-powered, not on rails) and "motor vehicles" (self-propelled). The question was whether either fit a narrower category.

The motorized skateboard or scooter category was out for both. That category requires no seat (the operator stands), no manufacturer VIN, and an engine under 36cc. The ScootCoupes have seats, VINs, and engines well over 36cc.

The moped category was also out for both. A moped requires a seat at least 24 inches off the ground. The ScootCoupes had seats below 24 inches.

The motorcycle category caught the PS150 but not the PS50. A motorcycle is a motor vehicle designed to travel on three or fewer wheels capable of more than 35 mph. The PS150 fit (3 wheels, 55 mph). The PS50 didn't (only 30 mph).

The PS50, having ruled out every narrower category, stayed in the default "motor vehicle" classification. The PS150 was a "motorcycle." Each is classified accordingly for purposes of Virginia law, including any issues concerning criminal and traffic enforcement laws affecting motor vehicles and motorcycles.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the AG say the manufacturer's claim of "street legal in all 50 states" was wrong?
The AG didn't address the marketing claim directly. The opinion was about Virginia classifications. Whether the vehicles met federal motor vehicle safety standards or specific equipment requirements wasn't part of the question.

Why doesn't the PS50 qualify as a moped?
Because Virginia's moped definition requires a seat at least 24 inches off the ground. The PS50's seat was below 24 inches. Even though its engine displacement (49.2cc, just under the 50cc moped cap) and top speed look moped-like, the seat-height requirement disqualified it.

Why isn't the PS50 a motorcycle?
Because Virginia's motorcycle definition requires the vehicle to be capable of more than 35 mph. The PS50 topped out at 30 mph.

Practically, what does the classification mean for a PS150 owner?
The opinion holds that the PS150 is treated as a "motorcycle" for purposes of Virginia law, including criminal and traffic enforcement laws affecting motorcycles. The AG did not spell out individual licensing, titling, or insurance steps; it resolved only the classification question.

Could the legislature recognize a "three-wheel motorcycle" or "trike" category separately?
The opinion didn't address that. As of the date of the opinion, Virginia didn't have a separate three-wheel category, so the PS150 fell into the broader "motorcycle" definition.

Background and statutory framework

Section 46.2-100 of the Virginia Code is the master vehicle classification statute. It defines "vehicle" broadly to include any device for transporting persons or property on a highway, with carve-outs for human-powered devices and rail vehicles. "Motor vehicle" covers any self-propelled vehicle unless another category applies.

The narrower categories include:

• Motorized skateboard or scooter: no seat, no VIN, engine under 36cc.
• Moped: not more than three wheels, seat at least 24 inches off ground, engine under 50cc.
• Motorcycle: motor vehicle designed for three or fewer wheels, capable of more than 35 mph.
• Motor-driven cycle: motorcycle, engine under 150cc, seat under 24 inches, no VIN.
• Off-road motorcycle: motorcycle designed exclusively for off-road use by an individual rider, not more than two wheels.

When a vehicle doesn't fit any narrower category, the default "motor vehicle" classification applies.

The opinion resolved only the classification question. Once classified, the vehicle is treated under Virginia law per its category, including any issues concerning criminal and traffic enforcement laws affecting motor vehicles and motorcycles.

Citations

• Va. Code § 2.2-505 (Attorney General opinions)
• Va. Code § 46.2-100 (vehicle classification definitions)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2013/12-067_Flaherty.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

March 8, 2013

Colonel W. S. Flaherty, Superintendent
Department of State Police
Post Office Box 27472
Richmond, Virginia 23261-7472

Dear Colonel Flaherty:
I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented
You inquire regarding the legal classification of a "ScootCoupe." Specifically, you ask how two existing "ScootCoupe" models, the PS50 and the PS150, would be classified under the current Code of Virginia.

Response
It is my opinion that under § 46.2-100, which controls the legal classification of all vehicles, the PS50 would be classified as a "motor vehicle" and the PS150 would be classified as a "motorcycle."

Background
The "ScootCoupe" is a three-wheeled vehicle that is powered by a gasoline motor. There are two models of the ScootCoupe. The PS50, the smaller of the two, is powered by a 49.2cc engine and reaches a top speed of 30 miles per hour. The PS150 is powered by a 147.5cc engine and reaches a top speed of 55 miles per hour. Both vehicles sit close to the ground; they have a maximum height of 50 inches and the seat is less than 24 inches from the ground. Both models also have a Vehicle Identification Number ("VIN") that has been issued and attached by the manufacturer. The manufacturer states on its website that "most states" classify the PS150 as a "motorcycle" and the PS50 as a "moped/scooter." In addition, the manufacturer claims that the ScootCoupe is "street legal in all 50 states."

Applicable Law and Discussion
Virginia law provides that a "vehicle" includes "every device in, on or by which any person or property is or may be transported or drawn on a highway, except devices moved by human power or used exclusively on stationary rails or tracks." As their description demonstrates, both ScootCoupes are "vehicles" because they are capable of transporting a person on a highway and neither is moved by "human power" (they are gasoline powered) nor used exclusively on stationary rails or tracks.

Additionally, a "motor vehicle" is defined as "every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in [Title 46.2]." The PS50 and the PS150 are self-propelled vehicles; thus, unless the ScootCoupes can satisfy the definitional requirements of any other category set forth in Title 46.2, they remain under the general category of "motor vehicle."

Most relevant to your inquiry are the classifications for "motorized skateboard or scooter," "moped," "motorcycle," "motor-driven cycle," and "off-road motorcycle." I will address each seriatim, applying the elements characterizing each category, as set forth in the plain language of the governing statute, to the design of the ScootCoupes.

Section 46.2-100 defines "motorized skateboard or scooter" as

every vehicle, regardless of the number of its wheels in contact with the ground, that (i) has no seat, but is designed to be stood upon by the operator, (ii) has no manufacturer-issued vehicle identification number, and (iii) is powered by an electric motor having an input of no more than 1,000 watts or a gasoline engine that displaces less than 36 cubic centimeters.

Because ScootCoupes are designed with seats, a VIN, and a gasoline engine of greater than 36 cubic centimeters displacement, they clearly fall outside this legal category.

A "moped" is defined as "every vehicle that travels on not more than three wheels in contact with the ground that has (i) a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground and (ii) a gasoline, electric, or hybrid motor that displaces less than 50 cubic centimeters." Both ScootCoupe models, however, sit close to the ground, having a seat height less than 24 inches. I therefore conclude that neither the PS50 nor the PS150 can be classified as a "moped."

Section 46.2-100 defines a "motorcycle" as "every motor vehicle designed to travel on not more than three wheels in contact with the ground and is capable of traveling at speeds in excess of 35 miles per hour." As noted above, both the PS50 and the PS150 constitute "motor vehicles," and each has only three wheels. Because its maximum speed is 55 miles per hour, the PS150 qualifies as a "motorcycle" under this definition. The PS50, however, will not fall into this legal definition because its maximum speed is only 30 miles per hour.

Virginia law further classifies motorcycles under § 46.2-100. These subcategories include a "motor-driven cycle," which is a "motorcycle that has a gasoline engine that (i) displaces less than 150 cubic centimeters; (ii) has a seat less than 24 inches in height, measured from the middle of the seat perpendicular to the ground; and (iii) has no manufacturer-issued vehicle identification number" and "off-road motorcycles," which are defined as "every motorcycle designed exclusively for off-road use by an individual rider with not more than two wheels in contact with the ground." As discussed above, the PS50 is not a motorcycle, so it does not qualify for either classification. Although the PS150 is a motorcycle, it has a VIN, rides on three wheels, and is designed for on-road use, so it also is excluded from these legal definitions.

In summary, from a legal or statutory standpoint both the PS50 and the PS150 are properly classified in the broader categories of "vehicle" and "motor vehicle." The PS150 may be further classified as a "motorcycle." The PS50 may not be further classified. As a result, the PS50 should be classified as a "motor vehicle" and the PS150 should be classified as a "motorcycle" for purposes of Virginia law, including any issues concerning criminal and/or traffic enforcement laws affecting motor vehicles and/or motorcycles.

Conclusion
Accordingly, it is my opinion that under § 46.2-100, which controls the legal classification of all vehicles, the PS50 would be classified as a "motor vehicle" and the PS150 would be classified as a "motorcycle."

With kindest regards, I am

Kenneth T. Cuccinelli, II
Attorney General