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/

Gabe asked:  What are the laws about mopeds and how do they relate to the statutes about bicycling?

Answer

What a great question!  At first, my first thought was, “We only do bicycles on this site”, but after checking, there is much similarity between the two.

As you will see if you stick it out through this whole article, this is complicated.  I’m not sure I got it all right, so please let me know if you have formal legal opinions, case law, etc. that will provide clarity.  Also, in the interests of brevity (Believe it or not!), I haven’t included everything I found.

Rather, I have tried to present the more general aspects of mopeds, and their similarity to and differences from bicycles.

You should thoroughly research all statutes that might apply to a particular situation.  As usual, don’t take this as legal advice.  It is my statement of some of the statutes as they are written.

Let’s start with the basics.  What is a “moped”?

FS 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 system is engaged.  If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.

The definition seems to be consistent with the definitions in other statutes.

A moped is a vehicle.

(75) Vehicle – Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway ….

The definition of “traffic” includes mopeds.

(57) Traffic – Pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances either singly or together while using any street or highway for purposes of travel.

The term “motor-driven cycle” is used in some of the statutes, particularly in those related to equipment requirements such as lighting equipment (FS 316.435), stop lamps (FS 316.420), reflectors (FS 316.415), taillamps (FS 316.410) and others, but is not defined.  The moped would seem to fall into that general category.

A moped is not a bicycle or a motorized bicycle, although some of the rights and duties are similar when the moped is propelled by human power only (Discussed below).

(2) Bicycle – Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which a person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels ….

For the purposes of traffic law, a moped is not a motor vehicle. (See drivers’ licenses below)

(21) Motor Vehicle – Any self-propelled vehicle …. but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

Other statutes differ somewhat in the definition of “motor vehicle” [FS 320.01(1)], but are consistent in their exclusion of bicycles and mopeds, except for FS 322.01, which relates to drivers’ licenses.

A moped is not a motorcycle.

(27) …. The term “motorcycle” does not include a tractor or a moped.

Like bicyclists, moped operators have the same rights and duties as other drivers, with few differences.  In fact, the wording of this section of the statutes about mopeds is almost identical to that for bicyclists.  The similar language in the Bicycle Regulations is in parentheses.

FS 316.208 – Motorcycles and Mopeds

(1) Any person operating a motorcycle or moped (propelling a vehicle by human power) shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter which by their nature can have no application.

(2)(a)  Any person operating a moped (bicycle) 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 and 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 (bicycle) and another vehicle to travel safely side by side within the lane.

(2)(b) Any person operating a moped (bicycle) upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of the roadway as is practicable.

(3) A person operating a moped solely by human power (propelling a bicycle) 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 any pedestrian.

(4) No person shall propel a moped upon and along a sidewalk while the motor is operating.

Another statute also prohibits operating a moped or other vehicle by other than human power while on a sidewalk or sidewalk area.

FS 316.1995 – Driving Upon a Sidewalk or Bicycle Path

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.

This would seem to preclude the use of a paved shoulder by a moped operator except when operating under only human power, since the statutory definition of “sidewalk” includes the shoulder.  However, it is noted that there is a difference of opinion about the definition of “sidewalk” and whether it includes the paved shoulder.  Any legal action should be based on the advice if legal counsel.

FS 316.003 – Definitions

(47) Sidewalk – That portion of the street between the curbline, or the lateral line, of a roadway and the adjacent property line, intended for the use of pedestrians.

The roadway may be used by mopeds, as is the case for other vehicles, with the conditions above.  The “roadway” does not include the paved shoulder.

(42) Roadway – That portion of the highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

Moped operators must comply with all traffic regulations that apply to other “vehicles”, but not those applicable only to “motor vehicles”, as defined in Chapter 316.  There are many of each, and two examples are:

FS 316.183 – Unlawful Speed

(5)  No person shall drive a MOTOR VEHICLE at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.

FS 316.304 – Wearing of Headsets

(1)  No person shall operate a VEHICLE while wearing a headset, headphone, or other listening device ….

Mopeds must be registered and display a license tag.

FS 320.0803 – Moped License Plates

(1)  Any other provision of law to the contrary notwithstanding, registration and payment of license taxes in accordance with these requirements and for the purposes stated herein shall in no way be construed as placing any requirements upon mopeds other than the requirements of registration and payment of license fees.

Mopeds are not required to be titled, as are motor vehicles.

FS 319.20 Application of Law (Pertaining to Title Certificates)

…. The provisions of this chapter do not apply to any moped ….

Mopeds must meet certain safety standards.

FS 316.46 – Equipment Regulations for Mopeds

No person shall operate a moped that does not conform to all applicable federal motor vehicle safety standards relating to lights and safety and other equipment …

Although a moped is not a motor vehicle in traffic law, for the purpose of  Chapter 322 – Driver’s Licenses, a moped is a motor vehicle, and a driver’s license is required.

FS 322.01  Definitions – As used in this chapter:

(27) “Motor vehicle” means any self-propelled vehicle  …. excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003

FS 322.03 – Drivers Must be Licensed; Penalties

(1)  Except as otherwise authorized in this chapter, a person may not drive any motor vehicle ….  unless such person has a valid driver’s license  ….

Motorized bicycles are those defined in FS 316.003, and are not motor vehicles requiring an operator to have a driver’s license.

There are other statutes that describe required equipment and give instructions about riding on mopeds.

FS 316.211 – Equipment for Motorcycle and Moped Riders

(4) A person under 16 years of age may not operate a moped unless the person is properly wearing protective headgear securely fastened ….

FS 316.2085 – Riding on Motorcycles and Mopeds

(This statute deals with proper position when riding, carrying objects, license tags, carrying other persons, and special regulations for persons under 16 years of age.)

Two of the violations in this section refer to keeping both wheels on the ground and having license plates that cannot be flipped up.  Both carry severe penalties, from a fine of $1,000 for the first offense, to a fine of $5,000 and a third degree felony for the third offense.  For more information, refer to FS 316.1926 and FS 318.14.

Whew! You owe me one, Gabe.