Is a ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (electric wheelchair) considered a vehicle in Texas?
02 Sep 2009
The traffic code governing this is 551.201. We have a debate between another officer and myself whether you can write a DWI on someone in a electric wheelchair. I say he is considered a pedestrian (I am a rookie officer but freshly studied traffic code) he is a vetern officer who is very experienced. We are looking for the textbook answer, not what we can do in the courtroom. We welcome your opinions.
No, not for purposes of DWI. Keep in mind that DWI is covered by the Texas Penal Code. The Texas Transportation Code is not relevant for DWI.
Driving while intoxicated is covered under Section 49.04 of the Texas Penal Code, which refers to a "motor vehicle". Section 49.01 refers us to Section 32.34(a) for the definition of a "motor vehicle".
Section 32.34(a) of the Texas Penal Code defines "motor vehicle" as "a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks."
Obviously, an electric wheelchair cannot transport a person on a highway, so it’s not a motor vehicle according to the Texas Penal Code.
http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm