State Legal Issues with 50cc and under

[earlwb]

In this thread scootdawg.proboards59.com/index.cgi?board=general&action=display&thread=1191743581 we discussed the wide variations in how different states or countries even deal with under 50cc scooters and motorcycles on the roads.
So i thought that if enough people mention their laws in their respective states, we could have a better list than what is already out there.

Note that in texas if the 50cc or under vehicle has a clutch and a transmission and you have to shift gears that it is not a moped but a motorcycle instead.

For Texas

Mopeds. The operator of a moped must hold a valid license as a moped operator (Class M driver license with a restriction code of "K"). A moped is defined as a motor driven cycle that cannot exceed 30 mph, does not have an engine larger than 50cc, and does not have manual gear shifting. Applicants for a moped operator’s license must be at least 15 years old. The licensing requirements involve a written examination on traffic laws that apply to the operation of mopeds. No road test involving the operation of a moped is required.

Registration. Every owner of a motor vehicle, including motorcycles, motor scooters, and mopeds that will be ridden on public roadways, must register their vehicle through the County Tax Collector in their county of residence. A license plate must be attached to the rear of the vehicle, and must include a sticker showing current registration.

Inspection. All motor vehicles registered in Texas, including motorcycles, motor scooters, and mopeds, must be inspected each year at an official motor vehicle inspection station. When the motorcycle passes inspection, an approved certificate must be placed near the rear license plate. These certificates are good for one year from the month of inspection.

Insurance. All motor vehicle operators must show proof of liability insurance when the vehicle is registered or inspected, or when getting an operator license.

Helmets and Passengers. Helmets meeting the Federal Motor Vehicle Safety Standard #218 (FMVSS-218) are required for a motorcycle operators and passengers. Persons at least 21 years old are exempt from wearing a helmet is they have completed a Department-approved motorcycle operator training course or they are covered with at least $10,000 in medical insurance. Persons operating or riding upon a motorcycle with a helmet exemption sticker displayed are presumed to meet the helmet exemption requirements.

Helmets should also:

Fit snugly
Be securely fastened when riding
Be free of defects such as cracks, loose padding, frayed straps, or exposed metal.
A motorcycle operator cannot carry a passenger unless the motorcycle is equipped with a permanent passenger seat.


Adult Motorcycle Operator Licensing

The operator of a motorcycle on a public roadway must hold a valid motorcycle license (Class M Driver License). This requirement also applies to operators of scooters.

To receive a license to operate a motorcycle, applicants must pass a written test covering traffic laws pertaining to motorcycles, and a road test. The road test may be waived.

Road Test and Waiver Information

In order to take a road test, applicants must have their own motorcycle and provide a passenger vehicle and a licensed driver to drive the examiner during the road test. The vehicle owners must show proof of liability insurance for both vehicles and must pass an on-site safety inspection.

An applicant who has passed a Department of Public Safety approved basic motorcycle operator training course, and has an unrestricted (not an instructional permit) class A, B, or C license, can present a an MSB-8 completion certificate and receive a waiver of the road test.

Requirements for Licensing Minors

Texas law requires that minors, ages 15 through 17 pass a basic motorcycle operator training course approved by the Department of Public Safety before applying for a motorcycle license. Before taking the course, minors must have successfully completed the classroom phase of a driver education course. A minor must present the MSB-8 before testing for a motorcycle license.

Minors over the age of 16 who already have an unrestricted Class A, B, or C driver license are eligible for a road test waiver. Minors under the age of 16 can only be licensed to ride a motorcycle with no more than 250cc piston displacement. This restriction is indicated by the restriction code "I" on the driver’s license. After the person reaches the age of 16, the 250cc restriction may be removed.

[tortoise]

Nevada DMV . . Mopeds

"A moped is a vehicle which looks and handles essentially like a bicycle and is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters and is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged. (NRS 486.038)

You must have a Class C or higher driver license to drive a moped or motorized bicycle on a public street. You do not need a Class M license. Mopeds do not require insurance or vehicle registration. If the moped produces more than 2 gross brake horsepower, or has a displacement of more than 50 cubic centimeters (50 cc), or is capable of exceeding thirty miles per hour (30 mph) on a flat grade, it is considered a motorcycle and you must have a Class M license, registration and insurance.

Mopeds must have the same safety equipment (lights, mirrors, etc.) as a motorcycle in order to be driven on any public street. See the Motorcycle Equipment Tip Sheet. Other vehicles with a small engine are considered off-road motor vehicles and may not be operated on public streets."

NRS 486.231 Protective Headgear
Organ Donation


Some city municipal ordinances may also apply . . for example City Of Las Vegas motorcycle ordinance . . 11.38.130 Shoes

"No person shall operate or ride upon any vehicle covered under this Section, as provided in Section 11.38.080, unless such person is wearing protective foot covering. Sandals, thongs and open-toed shoes are not considered protective foot covering."

[YellowScooter]

North Carolina
The state does not require drivers license, insurance, or registration to operate mopeds and/or scooters that is:
A)under 50cc
B)don't exeed 30mph
C)has all the DOT required safty equipment (signals, headlights, tailights, horn)
The operator must be 16yrs of age, all riders and passengers are required to wear a helmet anytime the vehicle is in motion.

[earlwb]

Here is Maryland's take on it.

DEFINITIONS:
As of 2001, Maryland is the only one of the three local states to actually define what a scooter is in law (§ 11-134.4). A scooter is a two-wheeled vehicle 50cc or less and that goes no more than 30 mph or has an automatic transmission or that produces no more than 2 bhp (this means 50cc automatic scooters don't need to be registered, the rider doesn't needs neither a license nor a helmet). Maryland still defines mopeds as a 50cc or less two-wheeled vehicle that goes no more than 30 mph, has an pedals, and produces no more than 2 bhp (§11-134.1). A derestricted 50cc auto is a scooter, a 50cc scooter with a 70cc kit is a motorcycle. A Vespa ET4, Genuine Stella, or Bajaj Chetak are all motorcycle.

DRIVERS LICENSE:
You must have a driver's license with an class M endorsement to drive a motorcycle. Anyone 15 3/4 or older may get a motorcycle learner's permit. Anyone who is 16 years old or older, who has held a motorcycle learner's permit for a minimum of 14 days may get a full motorcycle license.

Maryland offers Motorcycle Safety Foundation courses for both beginner's and advanced riders. Riders under 18 must complete the beginner's course, mva.state.md.us/MVAProg/MOTO/default.htm or 800-638-1722.

You must have a valid driver's license to operator a scooter or moped.

REGISTRATION:
All motorcycles must have a title, registration, and license plates in Maryland. Scooters and mopeds and mopeds need plates if you intend to ride in the City of Baltimore (which has a separate ordinance requiring ALL vehicles ridden on city streets to have plates) or if you intend to ride in another state that requires plates.

Motorcycles over 25 years old, or that are over 20 years old and are of a model no longer sold, may display antique historic plates. Historic vehicles are not meant as daily drivers.

INSURANCE:
All motorcycles are required to carry a liability insurance.

Mopeds and scooters do not require insurance.

INSPECTION:
Motorcycles must pass a vehicle safety inspection before Maryland will title a vehicle, except historic vehicles do not need to be inspected.

Mopeds and scooters do not require inspection.

HELMETS:
Motorcyclists must wear helmets and eye protection unless they are riding in a parade.

Moped and scooter riders do not need a helmet, but they do need eye protection.

OPERATION:
Motorcycles, mopeds, and scooters are all subject to the same rules of the road as cars. Mopeds and scooters may use bicycle lanes, but not bike paths. Vehicles registered as mopeds and scooters may not travel faster than 30 mph.

PARKING:
As a general rule, all parking regulations are local ordinances and not state code, thus the regulations vary from jurisdiction to jurisdiction.

FREEWAYS:
Any motorcycle that can travel the Maryland minimum speed of 40mph is allowed on a freeway or interstate. Whether you choose to travel at 40 mph on a freeway is your own insanity.

Mopeds and scooters are not allowed on freeways.

Those are the laws. Whether the police choose to enforce them or you choose to obey them is a different story. If you don't like the laws fine. Act on everything you learned in your high school civics class. Write your councilmembers, delegates, senators, and representatives and ask to change the laws.

[kitcarguy]

Massachusetts

Moped Definition and Requirements

According to Massachusetts law, a moped is a "motorized bicycle." In order to be classified as a moped, the vehicle must:

* Have a cylinder capacity of no more than 50 cubic centimeters.
* Have an automatic transmission.
* Be capable of a maximum speed of no more than 30 miles per hour.
* Comply with all applicable federal motor vehicle safety standards.

A moped sticker, issued by the RMV, must be affixed to the moped. This sticker will not be issued unless the vehicle meets the above requirements.
Operating Requirements

Moped operators are subject to the traffic laws, rules and regulations of the Commonwealth.

Mopeds will have the right to use all public ways in the Commonwealth, except limited access or express state highways where signs prohibiting bicycles have been posted.

Mopeds may use bicycle lanes next to various ways but are excluded from off street recreational paths.

Moped operators must signal their intention to stop or turn by using either hand.

Mopeds may keep right when passing a motor vehicle which is in the travel lane of a way.
Restrictions When Operating a Moped

Mopeds will not be operated:

* By any person under 16 years of age.
* By any person who does not have a valid license or permit.
* At a speed greater than 25 miles per hour.
* Without the operator and any passenger wearing a DOT standard helmet.

[kitcarguy]

Florida

Definitions of Motorcycles, Motorized Scooters and Mopeds used by Law Enforcement.

316.003(22) "Motorcycle" means:

Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped.

316.003(82) "Motorized Scooter" means:

Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more that three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground.

NOTE: These scooters are not allowed to be operated on the roadways of this state, or on sidewalks.

316.003(77) "Moped" means:

Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels; with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed grater than 30 miles per hour on level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters