Laws on Mopeds
The laws regarding mopeds vary from state to state. The issues most commonly covered in states' moped laws are the equipment, what designates a moped, whether a driver's license is required and whether insurance coverage is mandatory. Moped laws will also address the engine output, maximum braking power and the maximum and minimum speed limits.
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Equipment
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One piece of equipment that is not really addressed by most states is that of helmets. For drivers over 18 or 19, there is no helmet requirement in most states. Some states, such as Illinois that don't require a helmet, do require the use of eye protection.
Other types of equipment that might be required or addressed by laws in some states are headlights, brake lights and tail lights or rear reflectors. Some states require that safety flags be mounted on the rear of the vehicle and that a horn be installed that can be heard for a specific distance.
Most states don't address this, but California and a few others require that mopeds have some sort of muffler to reduce the sound of the engine. Often the states specify the use of a mirror, the height of the seat, and even the minimum height of the seat from the ground.
Power
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Most states have laws for mopeds that stipulate the acceptable engine size or output. Most consider that a 50cc output engine that is a chain-propelled bike to be a moped. By contrast an internal combustion engine even with an output of 50cc or less is still considered to be a motorcycle and subject to an entirely different set of laws.
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Brakes
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Braking power is also a subject of moped laws in most states. The average braking limit is less than 3.0 horse power. Kansas is the only state that allows a 3.5 horse power moped brake. The reason for limitations on braking power is that a moped that has brakes that are too powerful could flip over.
Speed
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Most states have moped laws that regulate the maximum speed that a moped is supposed to be able to travel. In most states, the maximum speed limit is 30 miles per hour. However, moped speeding offenses are not usually enforced, unless they are going over the posted speed limit.
Even if they could go fast enough, mopeds are not allowed to operate on any interstate highways. Many states also prohibit moped operation on roads that have a posted speed limit higher than 35 mph.
Some states also have a minimum speed requirement. For instance, Iowa's moped law specifies that a moped must be able to go 20 mph on a 3 percent grade to be street legal. Of course, all mopeds must be driven with the flow of traffic. Riding against the traffic is a sure way to get your moped impounded.
Research
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Before you buy a moped, be sure to investigate the laws in your state regarding what constitutes a moped. That way you will know what is the required as far as equipment, engine output, braking power and speed.
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