What Are the DOT Specifications for Scooters?

The National Highway Traffic Safety Administration, or NHTSA, has defined the term "motorcycle" as a motor vehicle having a seat and no more than three wheels on the ground. NHTSA does not define the term "scooter," however. NHTSA states that a scooter has no relevance to the classification of a vehicle according to federal motor vehicle safety standards. Thus, the department of transportation, or DOT, in each state in the U.S. is free to regulate both the term "scooter" and the usage of a scooter.
  1. Off-Road Racing Import

    • If a motor scooter can travel at a speed of more than 20 mph, it can be imported as an off-road racing vehicle. An importer must complete Box 8 of an HS-7 declaration form with Customs, stating that a scooter was not manufactured for use on the road and provide an additional statement, such as a label from the manufacturer, confirming that the scooter was not built for use on roads or highways and that it would be used for racing. An imported off-road racing scooter can have one or more headlights, but it cannot have mirrors or turn signals.

    Import as a Motor Scooter

    • An importer of a scooter that has lights, turn signals and mirrors must declare the scooter as a motor vehicle on an HS-7 declaration form with Customs. If the scooter can travel at more than 20 mph, the NHTSA will classify it as a motor vehicle, and it must comply with federal motor vehicle safety standards and have a manufacturer's label that confirms compliance with these standards.

    Import With Noncompliance

    • Two reasons why a scooter receives a noncompliance rating include lack of the manufacturer's compliance with federal motor vehicle safety standards in the manufacturing of the scooter and lack of a speed rating of more than 20 mph. If a scooter is not manufactured according to the federal standards, it must be declared on Box 3 of an HS-7 declaration form with Customs. A DOT registered importer or registered importer contact person must bring the scooter into compliance after import. If a scooter lacks the capability to travel more than 20 mph, an importer must declare this on Box 8 of an HS-7 form as an off-road vehicle --- even if it does have lights, turning signals and mirrors --- for compliance after import.

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