6.19 Motorcycles

• Jurisdiction: Arizona

In Arizona, a "motorcycle" qualifies as a "motor vehicle" under Arizona's Financial Responsibility Act.^[248]

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Notes:

[248]There are several statutes that refer to a "motorcycle" as a "motor vehicle." See, e.g., A.R.S. Sec. 28-101(31). Under this statute, for example, "motorcycle" is defined as a "motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped." (Emphasis added.) A.R.S. Sec. 28-101 also defines a "Motor vehicle" as any "self-propelled vehicle." See also Ariz. Atty. Gen. Op. 57‑62 (motor scooters, motorcycles, and motorized bicycles constitute "motor vehicles" within former section, since they are all self-propelled vehicles). In addition, A.R.S. Sec. 28-4301(22) states: "Motor vehicle" means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. (Emphasis added.)

A majority of jurisdictions hold that a motorcycle does not constitute an "automobile" within the meaning of a commercial automobile policy, unless specifically included by statute or contract. This result is often based on the fact that the term "automobile" is defined in the policy as a four-wheeled vehicle, necessarily excluding motorcycles. See 8 Couch...