Ask The Editors: Would It Be Legal To Manufacture 3-Wheelers?

Smooth criminal?
That’s actually a really good question – the legal system hasn’t been kind at all to the 3-wheeler throughout the years. You’re right in that the initial decree (what is commonly called a ban) prohibited the manufacture and distribution of three wheeled ATVs for a 10-year period beginning in 1988.
So technically, in 1998, you could once again offer 3-wheeleres. However, 10 years later, this changed again. In 2008, the CPSC (CPSIA) revamped ATV safety standards with emphasis on things like age labels, more stickers on our plastic, training programs etc. but they snuck in a section of 3-wheelers too. In it, they make sure 3-wheelers can’t be manufactured without meeting government safety standard testing.
There is a loophole, though and it almost sounds like you’d fall into it. They are targeting OEM / recreation vehicles only. If your machine is built for competition use, it need not worry about the same safety standards. You may have noticed custom 3-heelers at various off-road racing events throughout the year. That’s how they’re accomplishing this.
The other option, like the case with the Mini RCR electric, is to try and classify your wheeler as something different entirely (that’s why it has pedals from the factory and is listed as an e-bike).

It may take a little a little extra paperwork when getting started, but you have options.


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