Motorized Disability Access Vehicles

Two Questions

Risky asked: 320.01 (33) motorized disability access vehicle does it need to be registered and is a driver’s license required?

David asked: Motorized disability access vehicle ? 320’01 (33) do I carry my disability papers with me, does it need a tag 27 Def of moped33 is not a moped is it legal?

Answer

A motorized disability access vehicle is not a moped.  This is the definition in the chapter on Motor Vehicle Licenses (Registration).

s. 320.01 – Definitions, General

(33) “Motorized disability access vehicle” means a vehicle designed primarily for handicapped individuals with normal upper body abilities and designed to be fueled by gasoline, 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.

In that same chapter, this is the definition of a motor vehicle

(1) “Motor vehicle” means:

(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, special mobile equipment as defined in s. 316.003(48), vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.

A motorized disability access vehicle is a motor vehicle for the purpose of registration above, and in Chapter 322 indicated below, for the purpose of a driver’s license.

s. 322.01 – Definitions

(27) “Motor vehicle” means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003.

s. 322.03 – Drivers Must be Licensed; Penalties

(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver license issued under this chapter.

Hence, the operator must have a driver’s license, and the vehicle must be registered like to a motorcycle. Although not specifically mentioned, it appears the vehicle must have a tag to indicate it is registered.

Although registration is required, the vehicle need not have a title.

s. 316.2124 – Motorized Disability Access Vehicles

The Department of Highway Safety and Motor Vehicles is directed to provide, by rule, for the regulation of motorized disability access vehicles as described in s. 320.01. The department shall provide that motorized disability access vehicles shall be registered in the same manner as motorcycles and shall pay the same registration fee as for a motorcycle. There shall also be assessed, in addition to the registration fee, a $2.50 surcharge for motorized disability access vehicles. This surcharge shall be paid into the Highway Safety Operating Trust Fund. Motorized disability access vehicles shall not be required to be titled by the department. The department shall require motorized disability access vehicles to be subject to the same safety requirements as set forth in this chapter for motorcycles.

The requirement to carry disability papers while operating a motorized disability access vehicle is beyond the scope of this site. Possibly the ADA rules will provide that information.  Maybe one of our readers has that information?