Model Language

Statutory definitions for mopeds/scooters often include confusing and difficult-to-enforce requirements (e.g., thresholds for seat height and wheel size). Simplified statutory language would serve to improve understanding by riders and law enforcement, as well as by licensing and registration agencies. Additionally, in some cases, state laws place otherwise equivalent vehicles into separate classes based on their power source or the presence or absence of operable pedals, or they lack clarity regarding their applicability to one-wheeled vehicles, e-bikes, and kick scooters. Legislative language characterizing mopeds/scooters as non–motor vehicles (e.g., devices) is also problematic, as it serves to diminish the perceived risk associated with operating such vehicles.

Even unmodified mopeds/scooters are sometimes capable of top speeds exceeding manufacturer specifications and it is common and easy to remove the speed restriction devices from these vehicles. Therefore, it is recommended that statutory definitions identify a maximum speed without additional conditions, such as traveling on level ground. To ease interpretation, it is also advised that states avoid placing otherwise equivalent pedal and non-pedal vehicles into separate categories, and that mopeds/scooters, which are generally subjected to more restrictive licensing and registration requirements, are clearly distinguished from non–motor vehicles such as e-bikes. Finally, it should be understood that some states treat mopeds/scooters as a subset of motorcycles, so, in such cases, alterations to state motorcycle definitions may be necessary.

Model Statutory Language: Statutory Definitions

Although helmet use is an effective method for reducing injury severity among moped/scooter riders, their rate of helmet use often falls well below what is observed for motorcyclists. Taking this into account, it is suggested that states consider enacting (or actively enforcing) legislation that requires the use of a DOT-compliant helmet and eye protection for riders of all ages. In lieu of a universal helmet law, it is suggested that a partial law applicable to riders aged 21 or under be enacted. Setting a lower exemption age is not advisable, as doing so would limit potential safety benefits since college students represent a large proportion of the user base for mopeds/scooters. At minimum, if more comprehensive efforts are deemed unviable, it is suggested that states enact and enforce moped/scooter helmet requirements of equivalent stringency to those observed for motorcycles.

Model Statutory Language: Helmet Requirements

Most states require at least a standard driver’s license to operate a moped/scooter, but there is reason to suspect that the standard licensing process may insufficiently prepare moped/scooter riders to safely navigate public roads. In contrast, the requirements to obtain a motorcycle endorsement may be more appropriate, but some of the knowledge and skills acquired during motorcycle licensing are not relevant to operating a moped/scooter.

To address the aforementioned concerns, it is suggested that, in states where a motorcycle license or endorsement is not required (or obtained by choice), moped/scooter operators be required to complete a moped/scooter-specific knowledge test in addition to obtaining a standard driver’s license. That exam, as well as the material that must be learned to achieve a passing score, will be more applicable to moped/scooter operation than the standard knowledge test and will better prepare riders for the challenges associated with operating a two- or three-wheeled motor vehicle.

Additionally, since all fifty states and the District of Columbia have statutory language requiring motorcycle operators to complete a motorcycle-specific knowledge and (with the exception of Alabama) skills examination, it is suggested that such language be amended to include moped/scooter operators, exempting them from the skills test requirement.

Model Statutory Language: Licensing Requirements