Ask-A-Cop - Moped vs. Motorcycle

Tuesday, May 06 2008 @ 01:17 PM EDT

Contributed by: BrattPoliceDept

Recently, there was an “Ask-A-Wrench” post about mopeds. Mopeds are a great vehicle for around town driving and a very good way to conserve fuel. However, some of the information in the post was not correct and in the interest of keeping the public informed, we wanted to add the following.

The Ask-A-Wrench wrote, in part:

“The nice thing about mopeds and scooters is you don't need a special license to operate one. Like a motorcycle. But keep in mind it is another "vehicle" that you'll need to maintain. Which brings up the next point. Where to get parts or service?”

“Mopeds” and “Motorcycles” are defined by state law under Title 23, Chapter 1, Section 4. The link to this is

http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=23&Chapter=001&Section=00004

"Moped" means a motor driven cycle equipped with two or three wheels, foot pedals to permit muscular propulsion, a power source providing up to a maximum of two brake horsepower and having a maximum piston or rotor displacement of 50 cubic centimeters if a combustion engine is used, which will propel the vehicle, unassisted, at a speed not to exceed 30 miles per hour on a level road surface and is equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. As motor vehicles, mopeds shall be subject to the purchase and use tax imposed under chapter 219 of Title 32 rather than to a general sales tax. An electric personal assistive mobility device is not a moped.

As you can see, a moped has a pretty narrow definition. The portion of it that excludes most vehicles is the requirement that it have pedals. A lot of people think a two wheeled gas powered vehicle is a moped, when in fact it is not. Some manufacturers further confuse the matter by calling it a moped and telling you that you don’t need a special license, insurance, or a helmet. In fact, that may be true in some states, but it is not true in Vermont.

According to the law, if it does not have pedals then it is not a moped. That makes it a motorcycle and that means it must be registered, inspected, and insured just like a car would be. You also must have a motorcycle endorsement on your license and you must wear a DOT approved helmet (not a bicycle helmet).

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http://www.ibrattleboro.com/article.php/20080506131753343