Motorized Bicycles 3
Question
Melanie asked: I have done some research and have discovered that an electric scooter is classified as a bicycle if: It can be powered manually (by pedaling) as well as have a power assist electric motor not to exceed 750 watts, a 25″ seat at its highest extension and will not exceed 20mph. A drivers’ license is not required to operate a “bicycle” as defined by Florida law.
Can an “electric assist motor scooter” be operated without a drivers’ license as well? Please do not refer me to the Florida statutes, I have gone over and over them and cannot come up with a clear conclusion of the law regarding this issue.
Answer
The purpose of this site is to discuss the laws. That’s great that you have already done your homework! We hope everyone will learn about the laws and be able to answer these questions for themselves.
You are asking if your particular “electric assist motor scooter” meets the definition of bicycle in the statutes. If it does, a drivers’ license is not required. You will need to determine if your device is a motorized bicycle as described or a moped. The statutes are not specific enough to cover every eventuality, and there are many and varied devices manufactured and in use.
There is no definition of “motorized bicycle” except the reference in the definition of “bicycle”. The phrase in the statutes that may be operative may be “and including any device generally recognized as a bicycle”. See this previous post:
http://flbikelaw.org/2010/03/motorized-bicycles/
You should ask the dealer or manufacturer of the device for the exact specifications, and compare them to the statutory requirements. A local dealer should be able to advise you of any licensing or registration requirements. If in doubt, take the specs and this information to the local Sheriff’s Office or police department and ask them.
These other previous posts discuss motorized bicycles and mopeds, and the registration and licensing requirements.
http://flbikelaw.org/2010/05/motorized-bicycles-2/
http://flbikelaw.org/2010/01/mopeds/
If the “scooter” (electric) has pedals, does not have a deck and it’s highest seat position is at minimum 25″ then by definition it IS a bicycle.
If your hoping, the “scooter” you have in mind, can be used without pedals, has a “deck” or has a short seat, then the answer would be no, you can’t use it without a license (and I don’t believe it can be used on the road either.)
I would not ask the dealer any questions about legality, as most are not well versed or are just looking to sell without caring whether or not you personally have a DL.. Some are only interested in the sell and/or being “truthful” about the laws.
I say, like Geo says, bring the description to your local law enforcement and ask them AND get some documentation from them, if they say you CAN use it.