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Common sense helps most people differentiate when it comes to bicycles, mopeds, scooters and motorcycles. But, mix in writers of state law and it gets a little confusing.
By Delaware code and motor vehicle regulations, mopeds are considered bicycles and motor scooters are motorcycles. Confused? You are not alone – even police and legislators don’t have all the answers.
A check of the Delaware code confirms that scooters and mopeds with engines smaller than 55 cubic centimeters fall under the same regulations and rules of the road as bicycles. Scooters 55cc and above are considered motorcycles and fall under all rules of the road applicable to motorcycles.
According to Delaware code, a moped is a “pedal or nonpedal bicycle having two tandem wheels, either of which is 10 inches or more in maximum diameter, and having a motor characterized in that the maximum piston displacement is less than 55cc, rated at no more than 2.7 brake horsepower and that the maximum speed does not exceed 25 miles per hour.”
And contrary to what police and some dealers told the Cape Gazette in a Friday, Aug. 1 story, any moped or scooter less than 55cc falls under the regulations of a bicycle and therefore would be permitted to ride in the multi-use lane on Route 1. Those riding scooters over 55cc, which are legally termed motorcycles by the state, would not be permitted in the lane unless they were making a right-hand turn.
The lane is for the exclusive use of bicycles, buses and vehicles making right-hand turns.
Still, over the past few weeks, police have stopped some moped and scooter riders for riding in the lane.
“There is a lot of confusion,” said Sgt. Josh Bushweller, state police spokesman. “But, looking at the code I would have to agree that mopeds and small scooters would be permitted in the lane.”
Rep. Pete Schwartzkopf, D-Rehoboth Beach, said changes need to be made in the laws and regulations. “The world has changed a lot since the law was first written – when you had to pedal mopeds to get them started,” he said.
When asked what he would tell constituents if they asked him if they could ride a moped or small scooter in the shared lane, he balked at a direct answer.
“The wording is really vague, but I can tell you it’s not safe to ride in the lanes with traffic,” he said. “It needs to be reviewed and I’m willing to sit down with anyone to make the law better.”
Bruce Southard, owner of Sun ‘n Fun in Rehoboth Beach, said he was under the impression moped riders were permitted in the shared lane on Route 1 until he learned that police were stopping some riders.
Because of the confusion surrounding the law, he contacted Schwartzkopf for a clarification. He was sent the section from the code on mopeds and bicycles.
Southard said he makes copies of the law for those who rent or purchase scooters or mopeds from him.
“There is a big misconception on everybody’s part,” he said. “I just don’t want anybody getting hurt out there.”
A scooter subculture
Most people would know a motor scooter when they see one. But many of the colorful, two-wheeled vehicles zooming around the Cape Region are considered motorcycles under Delaware code because of the size of the engine. Scooter riders do not refer to them as motorcycles.
And as motorcycles, they fall under the same rules and regulations as a Harley-Davidson – the scooters must pass a safety inspection and the riders must have insurance.
But the confusion doesn’t stop there. The only reference to scooters in Delaware code is outdated and refers to actual push scooters that are retrofitted with engines. They are not legal on public streets.
Motor scooters are addressed in Delaware Department of Motor Vehicle regulations. Motor scooters that are not mopeds – those over 55cc – must be titled and registered as motorcycles under state law. The scooters must be equipped with safety equipment such as brakes, headlights and taillights, and pass a safety inspection prior to registration. Operators of the vehicles must have a valid driver’s license with a motorcycle endorsement.
Kevin Zimmerman, a member of the Three Mile Island Scooter Club in Camp Hill, Pa., said the popularity of larger scooters is growing. Clubs are established and rallies take place all over the world.
There is actually a strong sub-culture of devoted scooter riders who have a passion for the mode of transportation. The Cape Gazette was inundated with emails from scooter riders who wanted to get the message out about scooters.
As one anonymous email professes: “You’ve just had the misfortune of pinging a sub-culture. It’s like commenting on a Star Trek Convention. The swarm comes and corrects your Klingon - scary isn’t it?”
Scooters range in size from 50cc to 500cc and some even go above 799cc – more in the range of small motorcycles. Zimmerman admitted that it may be hard to differentiate between scooters, but there is a clear difference between scooters and mopeds.
“While scooters over 50cc in some states and 55cc in other states are legally considered motorcycles, scooter riders and manufacturers do not refer to them as motorcycles,” Zimmerman said. “Also, they can clearly be differentiated from mopeds which are equipped with pedals for optional pedaling.”
He said good scooters, such as the Italian made Vespa, range in price from $3,299 for the LX50 to $5,999 for the GTS 250. He said cheaper, Chinese-made scooters are often difficult to register due to documentation issues, difficult to obtain state inspections because of the lack of the proper safety equipment and often difficult or impossible to obtain parts for.
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Scooters missing from state law
The following is the Delaware code as it pertains to mopeds:
• “Moped” shall mean a pedal or nonpedal bicycle having 2 tandem wheels, either of which is 10 inches or more in maximum diameter, and having a motor characterized in that the maximum piston displacement is less than 55 cc, rated at no more than 2.7 brake horsepower and that the maximum speed does not exceed 25 miles per hour.
• “Bicycle” shall include that certain class of vehicles which are exclusively human-powered by means of foot pedals, which the driver normally rides astride, which have not in excess of three wheels and which may be commonly known as unicycles, bicycles and tricycles. The term “bicycle” also includes a 2- or 3-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 horsepower), whose maximum speed on a paved level surface, when powered solely by such motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.
• Mopeds and tripeds shall not be operated upon interstate and limited access highways, even to cross such highways, nor shall they be operated on the right-of-way of an operating railroad, except to cross such railroad, nor shall they be operated on any path set aside for the exclusive use of bicycles unless the helper motor has been turned off.
• No person shall drive a moped or triped without having been licensed as an operator of a motor vehicle under this title. The licensee shall have such license in the licensee’s immediate possession at all times when operating a moped or triped.
• Regulations applicable to bicycles shall apply whenever a moped or triped is operated upon any public road or upon any path set aside for the exclusive use of bicycles.
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