Motor Scooters

Question

Walter asked: In the state of Florida do you need a special license for operating a gas scooter or will a valid drivers license be ok?

Answer

This site is intended to address the laws related to bicycling and not motor vehicles except when the laws apply to both.  However, I will give you my best estimate of the laws about motor scooters.  I recommend that you confirm this information with the driver’s license office.  If someone has contrary information, please provide the documentation.

There is no specific definition of  “motor scooter” in the statutes.

I assume you are referring to a motor vehicle such as a Vespa Motor Scooter, which meets the definition of motorcycle, and the operator must have a license that authorizes operation of same.

s. 316.003 – Definitions

(22)  Motorcycle – 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.

s. 322.03Drivers Must be Licensed; Penalties

(4) A person may not operate a motorcycle unless he or she holds a driver’s license that authorizes such operation, subject to the appropriate restrictions and endorsements.

The motor scooter described above is not a moped.

s. 316.003 – Definitions

(77) Moped – 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.

The motor scooter described above is not a motorized scooter, which is not permitted on the roadways or sidewalks.

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

s. 316.2128Operation of Motorized Scooters and Miniature Motorcycles; Requirements for Sales

(1) …. motorized scooters or miniature motorcycles …. are not legal to operate on public roads, may not be registered as motor vehicles, and may not be operated on sidewalks ….

See also the other posts related to mopeds and motorized bicycles.

6 Comments on “Motor Scooters

  1. What are restrictions about having a drivers license for a moped with a gasoline engine that is 49cc or less?

  2. Cb,

    Please see this post.

    http://flbikelaw.org/2018/09/electric-scooter-3/

    You may want to check your local code of ordinances though. The City of Fort Lauderdale passed a local ordinance allowing certain dockless mobility devices (electric scooters) on sidewalks and streets.

    https://www.fortlauderdale.gov/home/showdocument?id=31619

    Their operators must comply with s. 316.2065 – Bicycle Regulations. I could not determine if ordinance and rules also apply to privately owned scooters or just those owned by the designated rental organizations.

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