HR-3385-119
Forwarded by Subcommittee to Full Committee by Voice Vote.
Sponsored by Derrick Van Orden (R-WI)
What it does
This bill would require the Secretary of Transportation to issue regulations within 120 days updating the federal definition of "motorcycle" in 49 CFR 571.3. The new definition specifies a motor vehicle with a straddle seat, up to three wheels, handlebar steering, handlebar/foot controls for acceleration and braking, and a top speed above 30 mph.
Who benefits
Manufacturers of autocycles, three-wheeled vehicles, and similar non-traditional motorcycles who may gain regulatory clarity on classification; motorcycle industry trade groups seeking consistent standards; consumers of these vehicle types who could see more predictable safety and licensing rules aligned with the updated definition.
Who is hurt
Manufacturers of vehicles whose classification could shift under the new definition, potentially facing different safety standards, testing requirements, or compliance costs; state motor vehicle agencies that may need to update licensing and registration categories to match; DOT staff who must develop and finalize the rulemaking within the statutory deadline.
Supporters argue
Supporters argue that the current federal definition of motorcycle is outdated and does not clearly account for newer vehicle designs like enclosed three-wheeled autocycles, creating inconsistent treatment across manufacturers and states. They contend a clear, updated federal standard would reduce regulatory uncertainty and align safety standards with the vehicles actually being manufactured and sold today.
Opponents argue
Opponents argue that a narrowly drawn statutory definition risks excluding legitimate emerging vehicle designs or including vehicles that don't share motorcycles' safety risk profile, creating unintended compliance burdens. They contend that a 120-day deadline may not give the Department of Transportation adequate time to conduct proper rulemaking analysis, including public comment and safety data review, potentially producing a rushed regulation.
Constitutional context
Congress's direction to an executive agency to issue a specific regulatory definition falls under its Commerce Clause authority over vehicles moving in interstate commerce and its Article I power to structure agency rulemaking; because the statute itself supplies the definition rather than leaving substantial discretion to the agency, it presents little exposure to major questions doctrine or nondelegation concerns.
Checks and balances
Congress directs the specific content of the regulation and sets a firm deadline, narrowing executive discretion, while DOT retains implementation authority and courts could review the rulemaking process for compliance with the Administrative Procedure Act.
Historical precedent
Congress has periodically directed NHTSA and DOT to update vehicle classification definitions in response to new vehicle technologies, such as adjustments addressing low-speed vehicles and autocycles in prior transportation legislation.