Back to the future

Remember my past post, Stump the sergeant? Sunday, City Councilman Jonathan Cook sent me this email:

Chief,

Can you please reply to the individual below as to how City or State law would need to be changed to accommodate such vehicles? I'd also be interested in your opinion about any safety or other issues that concern you regarding these vehicles. I don't know if other council members received the same e-mail, but I would guess some or all did, so please copy the council office on your reply.

Thank you.

Jonathan Cook

The "individual below" the Councilman refers to is a local resident interested in acquiring a Zap Xebra. She had contacted the dealer in Kansas, who advised her that he had been informed these vehicles are illegal in Lincoln. The prospective customer was seeking the Councilman's help in changing the law to allow such a vehicle. I'm not sure who this dealer actually talked to, but from the information in the chain of emails, it appeared that whoever it was had interpreted the City and State laws concerning "minibikes" as applying to this vehicle. I think that is not accurate, and I emailed the citizen (and Councilman Cook) back:

Councilman Cook asked me to respond to your email concerning the Xebra. The rapid and recent proliferation of alternative vehicles of various types has greatly complicated the task of determining which are legal for operation on the street and which are not. The Nebraska Statutes on such issues are lengthy and complex, and there are vehicles today that were never anticipated at the time these cumbersome definitions were adopted. You will probably get a variety of opinions from law enforcement officers when you ask about this vehicle.

I believe, however, that the 3-wheeled Xebra meets both the State Statute and City Ordinance definitions of a motorcycle, and hence, could be lawfully titled, registered, and driven on the street by a person who holds a Class M (motorcycle) operator's license and wears the required DOT-approved helmet. The vehicle is quite similar to the Cushman Truckster, which was manufactured here in Lincoln for a few decades, and driven by dozens of Lincoln police personnel. I still have about ten employees who spent some significant time in a three-wheeled police Cushman prior to the demise of the product in the 1980's.

The 14-inch wheel specification referred to in this chain of emails is based on the definitions in both State Statute and Municipal Ordinance of "minibikes." That definition, however, also specifically states that a minibike has two wheels. Since this vehicle has three wheels, I do not believe that it is a minibike.

Nevertheless, I am not a lawyer. I would not invest in one of these vehicles unless I had solid confirmation from the Nebraska Department of Motor Vehicles that the vehicle is street legal, and can be registered and licensed. Personally, I'd want something in writing, because I imagine that County Clerks are as confused about this as police officers.

Regards,

Tom Casady
Chief of Police
Lincoln Police Department
575 S. 10th Street
Lincoln, NE 68508
402.441.7237
mailto:tcasady@lincoln.ne.gov

I'm not sure you could get a straight answer from the Nebraska Department of Motor Vehicles about the Zap Xebra. They may be confused, too. Nonetheless, I can absolutely guarantee you that a group of quite experienced Lincoln police employees who still work here drove registered and licensed three-wheel Cushman Trucksters just like these when Clair, Sid, Ray, Doug, Dave A., Larry, Dave B., Greg, Scott, and Mark were police cadets. They had motorcycle operators' licenses and wore helmets. And I may be missing a few Cushman veterans. Anyone recognize the street in this 1970's advertisement? How about this one from the late 1980's or very early 1990's?