|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
603
|
|
|
|
|
MARVIN MANDEL, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(I) IF THE VEHICLE HAS TWO WHEELS, WITH BOTH
WHEELS IN TANDEM; OR
(II) IF THE VEHICLE HAS THREE WHEELS, WITH
ONE FRONT WHEEL AND WITH TWO REAR WHEELS THAT ARE SPACED
EQUIDISTANT FROM THE CENTER OF THE VEHICLE.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §1-104(a).
Item (1)(ii) of this section — the source for
which was enacted by Ch. 406, Acts of 1976, to
describe what is commonly referred to as a
motor—assisted bicycle or " moped" — is revised
to avoid certain potential inconsistencies and
gaps between its provisions and those of
present Art. 66 1/2, §1-150, which - as
amended by the same 1976 Act and set forth in
§11-136 of this subtitle - defines
"motorcycle".
The present description of a "moped" requires
that the vehicle have a motor rated at "less
than one brake horsepower" and a motor
capacity of "less than 50 cubic centimeters
piston displacement" (emphasis added). On the
other hand, §11—136 of this subtitle defines
"motorcycle" as a vehicle with a motor rated
at "more than one brake horsepower" or with a
motor capacity of "more than 50 cubic
centimeters piston displacement" (emphasis
added). Thus, a vehicle with exactly one
brake horsepower and exactly 50 cubic
centimeters piston displacement would not be
covered by either of the definitions; to avoid
this gap and clarify that this vehicle would
be a "moped", the phrases in this section are
corrected to read "one brake horsepower or
less" and "50 cubic centimeters ... or less",
respectively.
The present description of a "moped" also is
inconsistent with §11—136 in that it words the
motor capacity and rating requirements in the
disjunctive, as follows: "... a motor that has
a capacity of ... 50 cubic centimeters piston
displacement {or less} or rated ... one brake
horsepower {or less}" (emphasis added); this
suggests, for example, that a vehicle would
qualify as. a "moped" if its motor had a rating
of one brake horsepower or less even if the
motor's piston displacement capacity exceeded
50 cubic centimeters. This is inconsistent
with the definition of "motorcycle", which —
also worded in the disjunctive - covers a
vehicle with a motor "with a rating of more
than one brake horsepower or a capacity of
more than 50 cubic centimeters piston
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
