GEM Manufacturer Waev Inc. Leads Legal Action to Include EVs for Local Travel in Federal Tax Credit

The United States federal government is attempting to advance the country’s use of Electric Vehicles (EVs) through federal tax credits in the Inflation Reduction Act. The eligibility requirements have resulted in a very limited set of qualifying models, and excludes the lowest cost, easiest to charge, and most efficient EV for local travel in low-speed vehicles (LSVs). Waev is leading the industry in this first-of-its-kind legal action to increase the accessibility of low-speed EVs with recently filed federal court actions against the Environmental Protection Agency (EPA) and Internal Revenue Service (IRS).

“Not all EVs need to travel more than 200 miles or operate at highway speeds – especially when roughly 50 percent of trips are less than five miles on local roads. Safe, street-legal, right-sized low-speed electric vehicles should be incentivized as the important mode of modern mobility that they are, not excluded by an antiquated regulation,” said Paul Vitrano, chief legal and policy officer of Waev. “LSVs are a viable alternative to full-size cars, trucks and vans and their low cost – coupled with the federal incentives – will help more Americans access sustainable vehicles.”

The IRS is relying on a 1974 EPA regulation that improperly narrowed the definition of “motor vehicle” to exclude vehicles that do not exceed 25 mph, nearly 25 years before the LSV category of motor vehicles was established by the National Highway Traffic Safety Administration (NHTSA). As a result, Waev filed a petition for review in the U.S. Court of Appeals for the D.C. Circuit, seeking to invalidate the 50-year-old EPA regulation. Waev also filed a lawsuit against the IRS in the U.S. District Court for the District of Columbia seeking to reverse the IRS’ exclusion of LSVs in its IRA final rule issued May 6, 2024. Waev has engaged global law firm Sidley Austin LLP on both suits, following their latest successes challenging EPA regulations, including most recently before the U.S. Supreme Court in Ohio v. EPA.

“Personal and commercial customers are increasingly turning to GEM as a safe, enjoyable and cost-efficient EV. As part of the ever-changing motor vehicle industry, we felt it was important to take the legal steps necessary to require the EPA and IRS to recognize this platform and the important role it can play growing this sustainable method of transportation,” Vitrano added.

Low-Speed Vehicles

LSVs are street-legal, four-wheeled vehicles, certified to Federal Motor Vehicle Safety Standard No. 500, with a top speed of 25 mph and a gross vehicle weight rating of less than 3,000 lbs. GEM is designed for use in communities, on campuses, and in cities, and can be driven on most U.S. roads posted 35 mph or less. GEM two to six seat passenger vehicles and two-seat truck models provide drivers with a safe, sustainable, cost-efficient EV alternative to sedans, vans and trucks.

More than half of U.S. roadways are 35 miles per hour or less, and that number is growing constantly as more cities are lowering speed limits to increase safe, healthy and equitable mobility. A first-of-its-kind webapp from Waev – GEM Go – identifies roads with posted speed limits of 35 mph or lower, which are legal for LSV operation in most areas.

Learn more about GEM electric vehicles at www.gemcar.com/low-speed-vehicles/.

Case Information – Case: 1:24-cv-02004 and USCA Case #24-1232.

About Waev Inc.

About Waev Inc.
Waev Inc. provides access to safe and dependable electric vehicles through the manufacturing, distribution and support of the GEM, Taylor-Dunn and Tiger product lines. Founded in 2021, Waev is redefining EVs to make life and work easier, more efficient and more enjoyable. This is driven by our commitment to sustainable, safe, future-focused solutions that lead to the adoption and advancement of electrification without compromising the job or purpose of the vehicle. Our collaborative and agile partnerships stem from these shared values and common pursuit to advance mobility.

GEM has been an established EV leader in the LSV space for 25 years. Taylor-Dunn has a rich 70-year legacy of providing tailored industrial vehicles. Tiger heavy-duty tow tractors have been towing cargo, baggage, parcel, and other equipment for ground support applications since 1981. All vehicles are engineered and produced at the Waev headquarters and manufacturing center of excellence in Southern California. Visit us at waevinc.com and follow us on LinkedIn.