Difference between revisions of "Moped Laws: United States"

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* Mopeds cannot carry passengers
 
* Mopeds cannot carry passengers
 
* No flag requirement
 
* No flag requirement
* <= 50cc with single speed or automatic transmission, or <=130cc with pedals.
+
* 50cc with single speed or automatic transmission, or 130cc with pedals.
 
*  http://www.dot.wisconsin.gov/safety/vehicle/motorcycle/mopeds.htm
 
*  http://www.dot.wisconsin.gov/safety/vehicle/motorcycle/mopeds.htm
 
  
 
== Chart of Requirements By State ==
 
== Chart of Requirements By State ==

Revision as of 16:05, 8 October 2009

Laws for legal moped usage vary by state in America. You may be able to find information on your state's transportation website but the following are likely to be more useful as some states make it hard to find moped related information.

Arizona

  • A valid Class D (Operator) license is needed
  • Moped must be 50cc or less
  • Moped must be restricted to 25 m.p.h. and 1.5 braking hp.
  • Mopeds are not titled, but must be registered
    • A notarized bill of sale and MVD inspection is required for registration
    • Registration is $5.00 plus $4.50 tax
  • A helmet is required only if the operator is under 18 years of age
  • Shirt must not be worn while riding during the hottest day of Arizona summer. (not really)
  • Moped insurance is required.
  • Statute Links

California

  • An M2 or M1 license is required.
  • Motorized Bicycle Application Reg230 $19 as of January 1, 2009.
  • Liability Insurance
  • Motorcycle Helmet
  • Headlight
  • Taillight
  • Brake light
  • Horn
  • Side and rear reflectors
  • "Adequate" muffler (whatever that means)
  • Working brakes
  • One mirror(prob. left side)
  • Note - Turn signals are not required under the law. Link

Colorado

  • Motorized bicycle is defined as a vehicle having two or three wheels, a cylinder capacity not exceeding 50cc, and an automatic transmission which produces a maximum design speed of not more than thirty miles per hour on a flat surface.
  • A valid driver's license or minor driver's license is required.
  • May not be operated on an interstate system.
  • May be driven in bicycle lanes.
  • Registration is required, with a fee of $5.00. It is valid for 3 years.
  • A person riding a motorized bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
  • No motorized bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
  • No person riding upon any motorized bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.
  • Every person operating a motorized bicycle upon a roadway shall ride as close to the right side of the roadway as practicable.
  • Persons riding motorized bicycles upon a roadway shall not ride more than two abreast.
  • Motorized bicycles must be equipped with a headlight visible from at least 500 feet away.
  • Motorized bicycles must be equipped with a horn audible from at least 100 feet away.

Taken mostly verbatim from the Colorado Revised Statutes.

Connecticut

  • Must have valid drivers license
  • No registration required under 50cc
  • No insurance required under 50cc
  • Top speed may not exceed 30mph
  • Must have an automatic transmission
  • Seat height must be at or above 26"
  • Eye protection must be worn

Florida

  • Moped Defined: 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 greater 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.
  • Registration is REQUIRED, NO Title is required. This vehicle can be operated on the roadways of this state.
  • Can not have electric start.

Taken from the Florida Department of Highway Safety and Motor Vehicles website. [1]

  • Ridings Laws:

Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

  1. When overtaking or passing another vehicle proceeding in the same direction.
  2. When preparing for a left-turn at an intersection or into a private road or driveway.
  3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right hand curb or edge. For purposes of this paragraph, a "substandard-width lane" is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane.
  4. Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
  5. A person propelling a moped solely by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.
  6. No person shall propel a moped upon and along a sidewalk while the motor is operating.
  7. A violation of this section is a non-criminal traffic infraction, punishable as a moving violation as provided in chapter 318.
  • On Bike Lanes:

Any road, path, or way that is open to bicycle travel, which road, path, or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way.

No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a non-criminal traffic infraction, punishable as a moving violation as provided in chapter 318.

Illinois

  • You must have a valid drivers license
  • You must have a title for the moped
  • You must register the moped with the state
  • You must have plates on the moped
  • You must have insurance for the moped.
  • LAWS: Moped drivers must obey all signs, signals and traffic laws. They also must obey most bicycle laws.
  • SPEED: A moped may not go over 30 miles per hour. (This is somewhat contrary to the Illinois wording, which states that the ped must have a "speed attainable in one mile of 30MPH or less." Presumably, this means that the ped could go 70MPH, as long as it takes a mile to get to 30.)
  • PASSENGERS: Moped drivers may carry a passenger only when the moped is made for two people. Equipment must include a passenger seat and a passenger footrest.
  • EQUIPMENT: If a moped is driven at night, it must have a headlight visible from at least 500 ft. A moped must also have a red reflector on the rear visible from at least 100 to 600 ft.

Taken from moped2.org[2]

It is legal to carry a passenger on your moped, provided that there are foot pegs for the passenger.

Helmets are not required in Illinois, but eye protection is.

-Registration in Illinois

  • If you do not have a title, you will need a bill of sale from a state that does not require one.

Close states: -Missouri -Indiana

  • The bill of sale needs to state Year, Make, Model and if you can put that the moped is 49cc or under, that helps.
  • $25 sales tax
  • $130 registration/title/plates

If problems arise, find the nearest vehicle titling/registration buisiness, they will give you no problems, although there will be a small fee (usually around $20).

Another way to get a title for any untitled vehicle, including a moped:

  • Have the vehicle appraised by a third party. For mopeds, this will probably be a motorcycle dealer.
  • Put up a deposit in the amount of one and a half times the appraisal value. This deposit is refundable after three years, and exists in case someone else makes a valid claim on the vehicle.
  • Pay the regular fees for title and plates. $65 for title, $38 for plates for one year.

From Cyberdriveillinois[3]:

Motorized pedalcycles, often called mopeds, are low-speed, two-wheeled vehicles. They can be pedaled like a bicycle or driven like a motorcycle. Mopeds are intended for limited use on public roadways.

The following four criteria must be met in order to be considered a moped; otherwise it is a motor-driven cycle and requires a Class L license. If all four criteria are met, the operator of a moped may drive it with any valid driver’s license of any classification.

   * A motorized pedalcycle is a motor-driven cycle with speed attainable in one mile of 30 mph or less.
   * Equipped with a motor that produces 2-brake horsepower or less.
   * If an internal combustion engine is used, displacement shall not exceed 50cc.
   * Power drive system shall not require the operator to shift gears.

Following are some of the laws and responsibilities of moped drivers:

   * Must obey all signs, signals and traffic laws and most bicycle laws.
   * Drivers may carry a passenger only when the moped is made for two people. Equipment must include a passenger seat and a passenger footrest.
   * If a moped is driven at night, it must have a headlight visible from at least 500 feet and have a red reflector on the rear visible from at least 100 to 600 feet.

Iowa

I. New Moped Definition

A "motorized bicycle," or moped, is motor vehicle having a saddle or a seat for the use of a rider, designed to travel on not more than three wheels in contact with the ground, and not capable of operating at a speed in excess of 30 miles per hour on level ground unassisted by human power. The maximum speed of 30mph needs to be printed on the certificate of origin from the manufacturer.

The new definition for a moped written above replaces the reference to "an engine having a displacement of no greater than 50c.c." The change in the definition allows electric motors or electric engines to be used as a source for moped propulsion.

Additionally, for a moped to be classified as a motor vehicle, it must be able to travel at a speed of at least 20mph while driving up a 3 percent grade. If a vehicle cannot go 20mph up a 3 percent grade, it is not permitted to be operated on Iowa's streets and roadways

II. Moped Licensing

Any person with an adult operator's license, chaufferur license, commercial driver's license or an intermediate license may operate a moped. No motorcycle license is required. If someone does not have an adult operator's license, they are still allowed to drive a moped if they fall into one of the categories below.

  1. Adults (age 18 and older) who do not have a driver's license must be issued a moped permit. The standard operator's knowledge examination and a vision screening are required. Skills testing may be required at the discretion of the driver’s licensing examiner
  2. Persons age 16 through 17 who do not have at least an intermediate license must be issued a moped permit, under the same conditions as listed in the previous paragraph.
  3. Persons age 14 through 15 must be issued a moped permit, but must first complete a moped rider education course approved by the Iowa Department of Transportation. The standard operator's knowledge examination and a vision screening are required. Skills testing may be required at the discretion of the DOT examiner.


III. Moped traffic laws

  1. Helmets are not required to operate a moped or motorcycle
  2. Passengers are not allowed on any mopeds.
  3. A moped must be equipped with a safety flag that extends not less than 5 feet above the ground attached to the rear of the moped. The safety flag must be triangular in shape, with an area of not less than 30 square inches, and be Day-Glo in color.
  4. Mopeds may not be operated side by side in the same traffic lane.
  5. Mopeds must not be operated between lanes of traffic, adjacent lines or rows of vehicles.
  6. Mopeds must have a lighted headlamp at all times when operated on a public street or roadway.
  7. Moped operators must not carry a package, bundle or other article that prevents the operator from keeping both hands on the handlebars.


IV. Moped Registration

To register any motor vehicle in Iowa, you must have the Manufacturer's certification label on your vehicle stating that the it meets federal motor vehicle safety standard. Without a manufacturer's certification label, vehicles cannot be titled or registered.

Taken from Moped2.org

Kansas

Motorized Bicycle Definition

"Motorized bicycle" means every device having two tandem wheels or three wheels, which may be propelled by either human power or helper motor, or by both, and which has

  1. A motor which produces not more than 3.5 brake horsepower;
  2. A cylinder capacity of not more than 130 cubic centimeters;
  3. An automatic transmission; and
  4. The capability of a maximum design speed of no more than 30 miles per hour.
    • In Article 8-1439a, the fourth requirement reads, "The capability of a maximum design speed of no more than 30 miles per hour except a low power cycle."
(Taken from Kansas Statutes 8-1439a)
  • Does a moped have to have pedals to be registered as a motorized bicycle in Kansas?
Yes and no. The law above states that the device must be propelled by either human power or helper motor or both. If "helper motor" means that the motor must help the pedals (like on a moped) rather than doing all the work by itself (like on a scooter or noped), then yes, a device must have pedals to be registered as a motorized bicycle. However, all or almost all of the 50cc nopeds and scooters in Kansas are currently registered as motorized bicycles, have motorized bicycle tags, and are subject to the same regulations as motorized bicycles. Thus, it is likely but not guaranteed that you would be able to register a pedal-less moped in Kansas as a motorized bicycle.
Also see the motorized bicycle question at the Kansas Department of Revenue FAQs

Motorized Bicycle Licensing and Registration

Riders must meet at least one of the following requirements:

  1. Have a valid driver's license which entitles the licensee to operate a motor vehicle in any class
  2. Be at least 15 years of age and have passed the written and vision exams to obtain a Class C driver's license
  3. Obtain a license that restricts the rider to operating a motorized bicycle only (for individuals with suspended licenses -- see section d of Statute 8-235)
(Taken from the Kansas Driver's License Information Handbook)

Motorized bicycles must be registered with the state per Kansas Statute 8-127. Because Kansas titles and registers mopeds, ownership of any moped bought from a Kansas resident must be transferred with the title. A Kansas resident will not be able to register an un-titled motorized bicycle if it was bought from another Kansas resident or from a resident of another titling state. However, ownership of motorized bicycles can be transferred with a bill of sale if the seller is a resident of a non-titling state. (Missouri is a non-titling state.) Official Missouri bill of sale form

Sometimes, the person at the DMV may ask if the out-of-state moped has been inspected, and if it has not, they will require an inspection for it before they hand out plates. However, under the FAQ's at the Kansas Department of Revenue website, the question that asks, "Does Kansas require any type of vehicle inspection to apply for and/or renew a title?" has an answer that says "Motorized bicycle and a mobile or manufactured home are NOT required to be inspected." Bringing a printed copy of this page while trying to get a title for an out-of-state moped would be advisable (although the DMV people could still require an inspection if they feel like being obstinate that day).

Motorized Bicycle Rules and Regulations

  • Riders under the age of 18 must wear a helmet approved for motorcycle or other motorized vehicle use. (Kansas Statues 8-1598)
  • Motorcycles, motor-driven cycles and motorized bicycles manufactured after January 1, 1978, shall display lighted head and tail lights at all times that such vehicles are operated on any highway. (Kansas Statutes 8-1703 b)
  • Statutes in Article 18 are for motorcycles and "motor-driven cycles." The definition section (see Article 14) for Article 18 states that a "motor-driven cycle" is: "Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, and every bicycle with motor attached, except a motorized bicycle or an electric-assisted bicycle. Thus, these regulations do not apply to motorized bicycles. (There is no official definition for "motor scooter.")
  • However, motorized bicycles are subject to the same regulations as bicycles (Statutes 8-1587 to 8-1592a) including but not limited to:
    • Obey all rules of road except those rules which are not applicable based on the nature of the vehicle
    • Do not carry more people than the bicycle was designed to carry
    • When going under the speed limit, ride as far to the right as possible
    • The headlamp must emit a white light visible from 500 feet (does not specify speed at which light must be visible from 500 feet)
    • Rear must be equipped with a red reflector visible from 100-600 feet when lighted by another vehicle's headlights
    • Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement

Regarding Insurance

The Kansas Automobile Injury Reparations Act (40-3104) requires all motor vehicles to be insured with minimum liability coverage. However, the definitions section of this act (40-3103) says, "Motor vehicle" means every self-propelled vehicle of a kind required to be registered in this state, including any trailer, semitrailer or pole trailer designed for use with such vehicle, but such term does not include a motorized bicycle.

Search the Kansas Legislature website here for full text of laws cited in this section.

Kentucky

From the Kentucky Revised Statutes [4] "Moped" means either a motorized bicycle whose frame design may include one (1) or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or a motorized bicycle with a step-through type frame which may or may not have pedals rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, and capable of a maximum speed of not more than thirty (30) miles per hour.

Maine

Mopeds

  • You must have an operator's license to operate all scooters and mopeds on a public way.
  • All mopeds and many scooters must be registered.

*Legal definition of Moped

  • A moped is a vehicle with not less than 2 brake horsepower.
  • A moped does not exceed 50 cc's and cannot exceed 30 miles per hour on a flat surface.
  • A moped is equipped with a power drive system that functions automatically and does not require shifting.
  • A moped may or may not have foot pedals

Legal Requirements

  • An operator's license or a motorcycle, motor-driven cycle or moped endorsement or restriction is required.
  • Registration is required.
  • A moped must be operated single file and as far to the right at all times, except when turning left.
  • Operator of a moped must obey all other traffic laws.
  • Liability Insurance is required

Maryland

Moped Definition
A moped is a bicyle that meets the following requirements:

  1. Is designed to be propelled by human power with some assistance from a motor.
  2. Has pedals that drive the bicyle mechanically
  3. Has two or three wheels, of which are more than 14 inches in diameter
  4. Has a motor with a rating of 1.5 brake horsepower or less, and, if the motor is an internal combustion engine,a capacity of 50 cubic centimeters piston displacement or less.

Mopeds are also not allowed to be operated at a speed greater than 30 MPH on public roads and highways.

Motor Scooter Definition
A motor scooter is a type of non-pedaled vehicle that meets the following standards:

  1. Has two wheels, of which one is 10 inches or more in diameter
  2. Has a seat for the operator
  3. Has a step-through chassis
  4. Is equipped with an automatic transmission.
  5. Has a motor with a rating of 2.7 brake horsepower or less, and if the motor is an internal combustion engine,with a capacity of 50 cubic centimeters piston displacement or less.

Generally, motor scooters can achieve a speed of up to 40 MPH, but this varies by the manufacturer and model that you have. However, a motor scooter is not allowed to exceed the speed of 30 MPH on public roadways.

Scooter Definition
A scooter is a two-wheeled vehicle that has handlebars and is designed to be stood on by the operator. These devices cannot be legally operated on public roadways or sidewalks.

Moped Licensing
To operate a moped in Maryland, riders must have a valid drivers license from which ever state that they live in, or a valid Maryland moped operator's permit issued by the Maryland MVA. Failure to present the proper licenses needed will result in a fine of around $315.

Moped Traffic Laws

  • Moped operators are not required to wear a helmet.
  • Mopeds may not be operated at speed greater than 30mph
  • Mopeds cannot be operated on highways that have a speed limit greater than 50mph.
  • Where there is a bike lane paved to a smooth surface or a shoulder paved to a smooth surface, a person operating a bicycle or a motor scooter shall use the bike lane or shoulder and may not ride on the roadway, except for common traffic procedures, which include:
  1. overtaking and passing another bicycle, motor scooter, pedestrian, or other vehicle within the bike lane or shoulder if the overtaking and passing cannot be done safely within the bike lane or shoulder
  2. preparing for a left turn at an intersection or into an alley, private road, or driveway
  3. When reasonably necessary to leave the bike lane or shoulder to avoid debris or other hazardous condition
  4. When reasonably necessary to leave the bike lane or shoulder because the bike lane or shoulder is overlaid with a right turn lane, merge lane, or other marking that breaks the continuity of the bike lane or shoulder.
  1. Gas and electric motorized toy scooters cannot be operated on sidewalks
  2. A person may not operate a bicycle or a motor scooter on any highway or roadway while the person is wearing any headset covering both ears

Moped and Motor Scooter Registration
All "motor vehicles" are required to be registered in Maryland, but vehicles classified as either motor scooters or mopeds are exempt from this law. So all mopeds and motor scooters do not need to be registered with tags in Maryland. Maryland Helmet Law Changes

In the 2006 legislative session in Maryland, House Bill 496 (PDF) brings up the debate about whether helmets should be required for the riders and operators of mopeds and motor scooters. The bill introduces the idea of making moped and motor scooter operators required to wear helmet and eye protection, just like the motorcycle laws. The law suggests riders under the age of 21 be required to abide by this law. Riders and operators over 21 would not be required to wear a helmet or eye protection if they can provide proof of proper medical insurance.

References
Laws from the State Highway Administration

Massachusetts

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.

Taken from Massachusetts RMV moped page.

Michigan

  • A moped is defined as a two- or three-wheeled vehicle with a motor which has no more than 50cc piston displacement producing two brake horsepower or less.
  • A moped must have a power drive system that does not require shifting gears and cannot have a top speed exceeding 30 mph on level surfaces.
  • If you have a valid motor vehicle license, you are allowed to operate a moped on public roadways.
  • If you do not have a valid license and are at least age 15, you may apply for a moped license at a Secretary of State branch office.
  • Mopeds must follow the same traffic rules as other motor vehicles.
  • Mopeds must be registered at a Secretary of State branch office unless operated solely on private property.
  • Mopeds do not require license plates.
  • There is a $15 fee for a three-year registration decal.
  • Moped operators under the age of 19 must wear a helmet.
  • Mopeds may not carry passengers.
  • Mopeds may not be ridden on bicycle paths.

Taken from Michigan secretary of State moped pages.

Minnesota

  • A moped means a bicycle that is propelled by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged
  • You must have a driver's license in order to drive a moped legally
  • If you are under the age of 16, you can drive a moped by taking classes and obtaining a moped endorcement
  • Protective headgear is required for persons under 18
  • A moped can be driven at night as long as it is equipped with a headlight and taillght, meeting the requirements of lighting for motorcycles
  • Any bike made after June 1, 1987 must have a headlight
  • Insurance is required
  • A title or proof of sale (with a photograph of the moped) is required for registration
  • Moped plate issued
  • Does not require inspection.

Missouri

Taken from MO Dept. of Revenue site

Licensing for a scooter or moped depends on whether the vehicle meets the definition of a motorized bicycle. The Missouri statute definition of a motorized bicycle is as follows:

"Any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters, which produces less than three (3) gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground."

A motorized bicycle does not have to be registered with the Missouri Department of Revenue. However, you must have a valid driver license (though no motorcycle endorsement is required).

Missouri statute does not require a helmet to be worn when operating a motorized bicycle. Please contact your local law enforcement agencies for any county/municipal codes that deal with helmets and motorized bicycles.

Keep in mind that no motorized bicycle may be operated on any public thoroughfare located within this state that has been designated as part of the federal interstate highway system.

New Hampshire

259:57 Moped. – Moped shall mean a motor-driven cycle whose speed attainable in one mile is 30 miles per hour or less which is equipped with a motor that produces 2 brake horse power or less; if an internal combustion engine is used, the piston displacement shall not exceed 50 cubic centimeters and the power-drive system shall not require the operator to shift gears. Source. RSA 259:1, XIII-a. 1976, 4:4. 1977, 272:1. 1981, 146:1. 1983, 147:1, eff. Aug. 6, 1983.

263:33 Driving Mopeds. – No person may drive a moped upon any way in this state unless he holds a current valid driver's license issued by any state, a special motorcycle license issued pursuant to RSA 263:31 or a special moped license. A person who holds a special moped license may drive any moped without holding any other class of driver's license. Source. RSA 261:11-b. 1976, 4:13. 1979, 11:1. 1981, 146:1; 301:1; 301:4, eff. Jan. 1, 1982, at 12:01 a.m.

263:33-a Special Moped Licenses; Driving Mopeds. – The department shall cause to be issued a special license for persons without a driver's license or special motorcycle license for all applicants who successfully complete the requirements for a moped license. Applicants for such license shall be required to pass a written examination prepared by the director. No person shall drive a moped on a way of this state unless such person possesses a driver's license or special motorcycle license or is duly licensed to drive a moped by a special moped license issued under this section. No person shall knowingly authorize or allow the driving of a moped owned by him or in his charge on a way of this state by any person who does not hold a driver's license, a special motorcycle license or a special moped license. Source. 1981, 301:5, eff. Jan. 1, 1982, at 12:01 a.m.

265:152 Bicycle Parking(Moped Applicable) . –

I. A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device.
II. A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.
III. A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle.
IV. In all other respects, bicycles parked on a way shall conform with provisions of law regulating the parking of vehicles.

Source. 1981, 422:14, eff. Jan. 1, 1982, at 12:01 a.m.

266:86 Headlamp Required at Night. – Every bicycle operated upon any way during darkness shall be equipped with a lamp emitting a white light visible from a distance of 300 feet in front of the bicycle and with a red reflector on the rear of a type approved by the director, which shall be visible from a distance of 300 feet to the rear when directly in front of the lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from 300 feet to the rear may be used in addition to the red reflector. Every moped driven upon any way during darkness shall be equipped with one headlamp which meets the specifications for headlamps established in RSA 266:31. Taillamps and stop lamps are required on mopeds. Source. RSA 250:11-d. 1971, 319:1. 1981, 146:1, eff. Jan. 1, 1982; 479:57, eff. Jan. 1, 1982, at 12:01 a.m.

266:88 Brake Required. – Every bicycle and moped shall be equipped with a brake or brakes which will enable its driver to stop the bicycle or moped within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement. Source. RSA 250:11-a. 1971, 319:1. 1981, 146:1, eff. Jan. 1, 1982; 479:57, eff. Jan. 1, 1982, at 12:01 a.m.

266:89 Sirens Prohibited. – No bicycle or moped shall be equipped with a siren, nor shall any person on a bicycle or moped use a siren. Source. 1981, 479:57, eff. Jan. 1, 1982, at 12:01 a.m.

New Jersey

Motorized bicycle (moped) license

A moped (motorized bicycle) is defined by law as a pedal bicycle with a "helper-motor" capable of a maximum speed of no more than 25 miles per hour on a flat surface. A moped has a maximum displacement of less than 50 cubic centimeters (no more than 1.5 brake horsepower).

How to get a moped license:

  • You must be at least 15 years old .
  • Visit an MVC Agency to complete an application for a moped permit.
  • Pass the 6 Point ID Verification.
  • Pay $5 examination permit fee.
  • Pass the knowledge and vision tests to validate your permit. Study by reading the Driver Manual and Motorcycle Manual [524k pdf]
  • You must practice with a permit for at least 20 days before being eligible to take the road test
  • If you pass the road test, take your permit, ride slip and score sheet to an MVC Agency to receive your license and pay the $6 license fee.

Possible reasons you can fail the road test:

  • You lack the equipment required by state regulations.
  • Have no helmet.
  • Have unapproved goggles or face shield.
  • Your horn cannot be heard from at least 100 feet away.

Moped license information

New Jersey moped manual

New York

Moped class determined by range of top speed:

Class A Mopeds

  • Mopeds over 30mph to 40mph
  • Class M/MJ license required
  • Headlight must be on at all times when operating
  • Insurance required
  • Registration required
  • Helmet & eye protection required
  • May operate on any traffic lane
  • Inspection required
  • No title required

Class B Mopeds

  • Over 20mph to 30mph
  • Any class license
  • Registration required
  • Headlight must be on at all times when operating
  • Helmet and eye protection required
  • May operate on Right-Hand lane or Shoulder only
  • Insurance required
  • No inspection required
  • No title required

Class C Mopeds

  • 20mph or less
  • Any class license
  • Registration required
  • Headlight must be on at all times when operating
  • No helmet and eye protection required
  • May operate on Right-hand lane or Shoulder only
  • No insurance required
  • No inspection required
  • No title required

Nevada

  • 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
  • A moped 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.
  • You must have a normal 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 is more than 50cc, 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.
  • Other vehicles with a small engine are considered off-road motor vehicles and may not be operated on public streets.

Taken from the Nevada DMV website.

North Carolina

A moped...

  • Has no external shifter.
  • Does not exceed 32 mph on flat ground.
  • Has an engine less than 50cc.

Ohio

Information from Ohio BMV Moped Information.

The moped operator must:

  • wear a protective helmet with chin strap properly fastened if under age 18
  • drive a moped equipped with a rear view mirror
  • operate the moped within three feet of the right edge of the roadway when practical
  • never carry another person on the moped


Many of the licensing and registration procedures required for automobiles and motorcycles are the same for mopeds:

  • To become licensed to operate a moped, 14 and 15-year-olds must pass the usual vision and written tests, as well as a road test. This rule also applies to persons not currently holding a valid operator's license, regardless of age.
  • Probationary motorized bicycle licenses are required for 14 and 15-year-old operators.
  • The probationary license can be revoked until the age of 16 if, EVEN ONE TIME, the operator violates state laws regulating moped operation or state or local traffic laws.
  • Operators are required to obtain and display a rear license plate.


The Ohio Revised Code defines a moped, or motorized bicycle, as any vehicle with two tandem wheels or one front and two rear wheels which is capable of being pedaled and is also equipped with a helper motor. The helper motor may not:

  • have a piston displacement of more than 50 cubic centimeters
  • produce more than one brake horsepower
  • propel the vehicle at a maximum speed greater than 20 mph on a level surface.

In addition, only mopeds on the Approved Models list may legally be operated as "mopeds" in Ohio.


In addition to what is posted above, the following is listed in the Digest of Ohio Motor Vehicle Laws:

Equipment Regulations

a. a working muffler and exhaust system, with no cutouts or bypasses

b. a firmly attached seat for the operator. the top of the seat must be at least 25 inches above the ground.

c. at least one and no more than two headlights

d. a tailight with a reflective lense

e. a brake light

f. a set of handlebars that are equipped with safety grips and are positioned no higher than 15 inches above the seat

g. a horn or other audible signaling device that can be heard at least 100 feet away. Sirens and whistles are not permitted.


Mopeds are considered motor vehicles in the state of Ohio and must conform to the same insurance/financial responsibility requirements as automobiles and motorcycles. More information can be found here.

Oregon

A moped...

  • is designed to be operated on the ground upon wheels;
  • has a seat or saddle for use of the rider;
  • is designed to travel with not more than three wheels in contact with the ground;
  • is equipped with an independent power source that is capable of propelling the vehicle, unassisted, at a speed of not more than 30 miles per hour on a level road surface; and if the power source is a combustion engine, has a piston or rotor displacement of 35.01 to 50 cubic centimeters regardless of the number of chambers in the power source; and
  • is equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the system is engaged.

Taken From http://www.oregon.gov/ODOT/DMV/vehicle/pocketbike_factsheet.shtml

Other Info:

  • Minimum Age: 16
  • License: Yes, normal drivers license
  • Registration: Yes
  • Insurance: Yes (Talk to the Puddle Cutters about this)
  • Helmet: Yes DOT
  • Lights: Yes
  • Maximum Speed: 30mph
  • May ride in bike lane with engine off.

Pennsylvania

  • Class C (car) required on Driver’s License.
  • Insurance is required.
  • Annual registration fee is $9.00.
  • A title is required for registration - What - you don't have one?
  • Moped plate issued.
  • No helmet or eye protection required for driver.
  • Does not require inspection.
  • Design speed may not be more than 25 miles per hour.
  • Engine may not exceed 50 cubic centimeters.
  • Engine may not exceed 1.5 brake horsepower rating.
  • Operable pedals are now required (see Note, below).
  • Automatic transmission required.
  • An electric motor-driven-cycle equipped with operable pedals and powered by an electric battery is defined as a moped also.

Note: Nopeds such as a Honda Express can be registered as mopeds as long as you have an original title that lists the Body Type as "Moped." A new, sub-50cc scooter cannot be registered as a moped.

South Dakota

  • A valid class 1 license is needed
  • Moped must be 50cc or under
  • Some form or eye protection must be worn
  • Title, registration, insurance, and license plates are NOT required
  • Under 18 years of age riders must wear a helmet
  • Mirror and horn are required on the bike

Tennessee

  • "Motorized bicycle" means a vehicle with two (2) or three (3) wheels, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters (50cc) which produces no more than two (2) brake horsepower and is capable of propelling the vehicle at a maximum design speed of no more than thirty miles per hour (30 mph) on level ground. The operator of a motorized bicycle must be in possession of a valid operator's or chauffeur's license, and shall be subject to all applicable and practical rules of the road. A motorized bicycle may not be operated on a highway of the interstate and defense highway system, any similar limited access multilane divided highway, or upon sidewalks;
  • "Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) brake horsepower, or with a motor with a cylinder capacity not exceeding one hundred twenty-five cubic centimeters (125cc);
  • The driver of a motorcycle, motorized bicycle, as defined in chapter 8 of this title, or motor-driven cycle, and any passenger on any of these, shall be required to wear either a crash helmet meeting federal standards contained in 49 CFR 571.218
  • Every motorcycle or motor-driven cycle operated upon any highway or public road of this state shall be equipped with a windshield, or, in the alternative, the operator and any passenger on any such motorcycle or motor-driven cycle shall be required to wear safety goggles, face shields, or glasses containing impact resistant lenses.
  • Every motor vehicle or motorized bicycle, as defined in chapter 8 of this title, and every trailer, semi-trailer, and pole trailer as defined by § 55-1-105, when driven or moved upon a highway, and every mobile home or house trailer when occupied shall be subject to the registration and certificate of title provisions of chapters 1-6 of this title, except:

(7) Motorized bicycles, except when voluntarily registered under the provisions of § 55-4-101

  • The owner of a motorized bicycle may, subject to the approval of the commissioner, apply for registration and registration plates for such motorized bicycle. The commissioner shall by regulation provide for the manner in which such single applications are to be made and the conditions under which they may be allowed; however, this provision shall not be construed as granting the commissioner authority to issue such registration and plates on any basis other than as is required in this chapter. Each applicant for registration under this provision shall be charged the same registration taxes imposed on Class (A) motor vehicles by § 55-4-111.

Utah

No registration or insurance required. The DMV said what makes the legal requirement for a moped depends on the H.P. and the CC's. No more than 2 H.P. and no more than 50 CC's. Pedals are not a requirement for registration exemption.

Vermont

Definition is 50cc. License required. Registration required. Insurance required. Inspection required-horn, lights, no cracked tires. With pedals is about $13.00 plus mandatory 6% taxation on minimum $200.00 value on transfers and new registrations. Without pedals is classified as a motorcycle and subject to a higher fee of about $39.00 plus tax.

Virginia

There is no horsepower (hp) limitation under current Virginia law, there is a CC (cylinder displacement) limit and a speed limit which if exceeded will get you a ticket, a pending law will redefine your moped as a motorcycle if the state speed limit is exceeded. No license of the operator or vehicle is required, you must be 16 or older and have some form of ID with name, address and DOB, no picture is required. The state speed limit is 35 mph or as posted, whichever is lesser. No tags, taxes or insurance, pretty much take it out of the box and go. If you are suspended you may NOT operate a moped.

"Moped" means every vehicle that travels on not more than three wheels in contact with the ground that has (i) a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground and (ii) a gasoline, electric, or hybrid motor that displaces less than 50 cubic centimeters. For purposes of Chapter 8 (§ 46.2-800 et seq.) of this title, a moped shall be a vehicle while operated on a highway.


Dealers can't sell over 2p or more than 35 mph, but you can own and operate greater than 2 hp and capable of over 35 mph. § 46.2-915. Stickers required on mopeds.

Any dealer who sells any moped at retail shall affix to any such moped, or verify that there is affixed thereto a permanent decal or sticker which states (i) that the operation of mopeds on highways and public vehicular areas by persons under the age of sixteen is prohibited by Virginia law, (ii) the maximum horsepower of the moped, and (iii) the maximum speed at which the moped may be ridden.

Any dealer who sells any such moped which does not have affixed thereto such a permanent decal or sticker or who sells a motorcycle with such a sticker or decal attached thereto indicating that its motor is rated at no more than two brake horsepower producing only ordinary speeds up to a maximum of 35 miles per hour shall be guilty of a Class 1 misdemeanor.


Helmets are not required by the state

§ 46.2-915.2. Ordinances providing for certain safety equipment for mopeds; effect of violation; penalty.

The governing body of any county, city, or town may, by ordinance, provide that every person operating a moped, as defined in § 46.2-100, on a public street or highway shall wear a face shield, safety glasses, or goggles of a type approved by the Superintendent or have his moped equipped with safety glass or a windshield at all times while operating such vehicle, and operators and passengers thereon, if any, shall wear protective helmets of a type approved by the Superintendent. A violation of any such ordinance shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a moped or motor vehicle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action. Any person who knowingly violates any such ordinance shall be guilty of a traffic infraction and be subject to a fine of not more than fifty dollars.

More info op what can and can't be done while riding here http://leg1.state.va.us/000/lst/LS951608.HTM

From the DMV website:

Virginia Code section 46.2-100 defines a moped as a vehicle that:

   * travels on three wheels or less,
   * a seat that is no less than 24 inches in height, measured from the ground to the middle of the seat, and
   * has a gasoline, electric, or hybrid motor that displaces less than 50 cubic centimeters.

Operation of mopeds on any Interstate Highway System is prohibited by Virginia Law. Operation of mopeds on highways and public vehicular areas by persons under age 16 is prohibited by Virginia law.

Moped riders must carry some form of identification that includes name, address, and date of birth.

Although you do not need a driver's license to operate a moped, you may not operate a moped if you have been declared a habitual offender or your license is suspended or revoked for driving under the influence of alcohol or drugs.

Moped drivers are required to abide by the same traffic laws and regulations as automobile drivers. Detailed information on Virginia's traffic laws and regulations is available in the Driver's Manual. In addition, certain local governments may impose restrictions on moped operation. Violations of the moped laws are considered a traffic infraction and convictions will appear on your driving record.

All DUI laws apply to mopeds operated on public highways.

No moped shall be driven on any highway or public vehicular area faster than 35 miles per hour. If you operate a moped faster than 35 miles per hour, Virginia law deems this to be operating a motorcycle, which requires you to title and register the moped as a motorcycle and obtain a motorcycle license. Operation of mopeds is prohibited on any Interstate Highway System.

Washington

  • A moped is any two or three-wheeled vehicle that has wheels at least 16 inches in diameter.
  • Is powered by a 50cc or smaller motor.
  • Is capable of a maximum speed of 30 mph or less on level ground.
  • Must meet the same equipment requirements as motor-driven cycles or motorcycles to be operated on public roadways.
  • Operators must be 16 and have a valid driver license.
  • No special endorsement is required.
  • Helmet required.
  • Mirrors required (as of 7/26/09).

Taken from [Washington State Licensing website].

Wisconsin

  • Any class licence
  • No more than 30 mph on level ground with a 150 pound driver, and no wind
  • Allowed to park anyplace a bicycle is allowed
  • No insurance or inspection
  • Title, registration and plates are required.
  • No daylight headlight requirement
  • No helmet requirement
  • Mopeds cannot carry passengers
  • No flag requirement
  • ≤ 50cc with single speed or automatic transmission, or ≤ 130cc with pedals.
  • http://www.dot.wisconsin.gov/safety/vehicle/motorcycle/mopeds.htm

Chart of Requirements By State

Please note that blank squares mean "unknown", not "no". Also, it is assumed that the moped in question is under 50cc.

State Driver's License Motorcycle Endorsement Titled Registration Insurance
Alabama Y Y Y Y Y
Alaska Y
Arizona Y N Y Y
Arkansas Y N
California Y Y Y
Colorado Y Y
Connecticut Y N N N
Delaware Y Y
District of Columbia
Florida Y N Y
Georgia Y N N N N
Hawaii
Idaho
Illinois Y Y Y Y
Indiana N Class Y
Iowa Y N Y Y
Kansas Y (or moped-only license) N Y Y N
Kentucky
Louisiana
Maine Y Y Y
Maryland Y N
Massachusetts Y
State Driver's License Motorcycle Endorsement Titled Registration Insurance
Michigan Y Y N
Minnesota Y Y Y Y
Mississippi Yes for roads Yes for roads
Missouri Y N N N
Montana N N N N N
Nebraska
Nevada
New Hampshire Option Option
New Jersey Y Y Y Y
New Mexico Y N N N N
New York Y Some Some Some
Nevada Y N N N
North Carolina N N N N
North Dakota
Ohio Y Y Y Y
Oklahoma N Y Y Y
Oregon Y Y Y
Pennsylvania Y N Y Y Y
Rhode Island
South Carolina
South Dakota Y N N N N
Tennessee Y N Optional
Texas Y Y Y
Utah N N
Vermont Y Y Y
Virginia N N N N
Washington Y N Y Y Y
West Virginia N N N N N
Wisconsin Y Y Y N
Wyoming

See Also