Riding a Scooter, Moped, or Motorbike Under Florida Law

February 24, 2022 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

Scooters, mopeds, and motorbikes (motorized bicycles) fall into a class all their own under Florida law. They are not treated the same as motorcycles or cars, leaving many operators of such vehicles lost when it comes to complying with Florida law. In this blog post, we’ll discuss some of the legal issues surrounding scooters, mopeds, or motorbikes to ensure that you or a loved one are fully informed.

Scooter Laws

In Florida, scooters are divided into two categories: motorized scooters and motor scooters. Though they sound virtually identical, the difference lies in the seats. Motorized scooters do not have seats and motor scooters generally will have a seat of some kind. Legally, a motorized scooter:

• Has, at the most, three wheels
• Does not exceed 30 miles per hour while on the ground
• Does not have a seat of any kind

Motorized scooters are not street legal, meaning they can’t be used on the road or sidewalks. But, in Florida, individual cities are free to set their own regulations regarding letting motorized scooters operate on sidewalks. When used in this matter, the usage has to comply with federal law, meaning the scooter cannot exceed speeds of 15 miles per hour.

Motor scooters, however, are street legal. You can operate them on the road as long as the scooter is validly registered in the state of Florida. You also must possess a valid title and license plate. Additionally, you need to have a valid driver’s license to ride on the road and must, therefore, be at least 16 years old. While used on the road, the same laws as all other motor vehicles apply, meaning that DUIs are fair game.

Moped Laws

In Florida, mopeds:

• Have pedals and can be moved using manpower
• Have a seat of some kind
• Have two to three wheels
• Have a motor with a cap at 2 brake horsepower
• Have, at the most, 50 cubic centers of engine displacement (if the motorbike possesses an internal combustion engine)
• Do not exceed 30 miles per hour while riding on the ground
• Have an automatic transmission

In Florida, you have to be at least 16 years old and possess a Class E or motorcycle-only driver’s license. Additionally, valid plates and registration are required. Interestingly, you do not need a title like you would with a motorcycle. While riding, you don’t legally have to wear a helmet or goggles. Insurance is not required either. But, if a passenger is under 17 years old, they must wear a helmet. Mopeds are street legal on public roads and highways, but only mopeds with at least 5 BHOP can be used on a highway or interstate, while mopeds are usually capped at 2 BHP. You cannot use your moped on a sidewalk if your engine is running. Keep in mind that you can receive a DUI on a moped like you could on a motorcycle.

Motorbike Laws

Motorbikes, or motorized bicycles, are legal in Florida. In Florida, a motorized bicycle is defined as having:

• Two tandem wheels
• The ability to be moved using manpower and an electric motor
• A maximum speed of 20 miles per hour while riding on the ground
• A seat that is at least 26 inches off of the ground when extended

But they can’t be used on roads or sidewalks unless they meet certain requirements. The requirements state that the motorbike must:

• Have pedals and can be moved using manpower
• Have a seat of some kind
• Have two to three wheels
• Have a motor with a cap at 2 brake horsepower
• Have, at the most, 50 cubic centers of engine displacement (if the motorbike possesses an internal combustion engine)
• Not exceed 30 miles per hour while riding on the ground
• Have an automatic transmission

Additionally, you do not need to have a driver’s license to ride a motorbike in Florida. However, keep in mind that you still must be 16 years old to ride.

Tallahassee Criminal Defense Attorney

If you or a loved one has been charged with a crime while riding a scooter, moped, or motorbike, contact a qualified Tallahassee criminal defense attorney. Don Pumphrey and the members of the legal team at Pumphrey Law Firm have experience defending Floridians against traffic and DUI charges and will ensure every defense is explored in your favor. Give us a call at (850) 681-7777 or send an online message to discuss your legal matter during an open and free consultation with an attorney in our legal team.

Written by Gabi D’Esposito

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