Anybody familiar with electric scooter/moped laws?

I've been commuting to work on my iMoto scooter for about 5 months now.  Yesterday for the first time I got pulled over, by a highway patrolman.  He claimed that in California to ride a moped you need to have a license plate and M1/M2 class license, hassled me for a while, then made me sign a paper saying I wouldn't ride it again until I got an M class license.

The laws in California are very tricky.  For a moped, unless it has a top speed of 20 mph or less and pedals (mine does have a 20 mph top speed, but no pedals), you need to have the class M license and license plate.  However, if you have a "motorized scooter", you don't need any sort of license or registration, etc.

"A 'motorized scooter' is any two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor. This device may also have a driver seat that does not interfere with the ability of the rider to stand and ride and may also be designed to be powered by human propulsion."

So this is tricky because I don't think my scooter's floorboard is "designed to be stood upon when riding", but otherwise fits the description (and I can stand while riding, it's just rather awkward).  So technically I think it fits the moped description better.  However, on the certificate of origin, the body design is listed as "electric scooter", and the ads made by the manufacturer claim that it fits the motorized scooter definition.

I would go ahead and get the M2 license, except you need to pass a skills test to do it, and I can't get my scooter to the DMV because

a) I can only ride on bike lanes and residential streets due to the 20 mph top speed

b) It only has a 15 mile range

and there are no DMV offices nearby.

Because I can only ride where a bicycle can go, it seems to me that by the intent of the law I shouldn't need the M2, but by the letter of the law technically I probably do, but I can't really physically get one.  So it's a bit of a bind.

I've passed dozens of police before, and even was pulled over by one for running a stop sign once, and none have cared that I have no plates and just a C class license.  Unfortunately I'm a bit worried that this same highway patrolman will spot me again, because he was camped out at the one exit from my business park which I'm not sure I can bypass.

My current thinking is that if he does stop me again, I can try to convince him that the iMoto is classified as a motorized scooter, but I don't think he'll buy it.  Anyone familiar with the California laws, or have any other useful advice?

Also, does anyone have any theories as to why the license requirements would be different for mopeds and motorized scooters?  It seems to me like it should depend on the speed of the vehicle, not whether it's designed for the rider to stand up or sit down.  I don't see why that makes any difference at all.

Yeah that's pretty much what I figured too.  I can't take the iMoto on the bus - it weighs 200 lbs.

I think my only 2 options are either to continue riding it and try to explain my way out of it if the patrolman is lying in wait for me (I think it's clear at this point that he's the only officer who cares/has nothing better to do than harass people on scooters), or rent/borrow a truck/van, somehow get my scooter into it, and bring it to the DMV for the skills test.  Of course this would be several weeks in the future, and in the meantime theoretically I couldn't ride the scooter.

I think I'll at least try the first option.  If he pulls me over again, I'll have to find some way to get the M2 license unless I can talk some sense into him.  My impression was that he won't give a darn what I have to say.  I'm hoping that I can find a slightly different route so that I can avoid the area where he was camped out yesterday, because I suspect he'll return there.  I do have the certificate of origin and manufacturer's ad claiming that the iMoto is a motorized scooter.

I also sent in the registration to the DMV a few weeks ago, and they might send me some license plates eventually, which might keep the cops off my back.  I also ordered a bicycle which should be arriving on Monday, so that will allow me to ride the scooter less often.

Riding a 20 mph electric scooter really shouldn't be this much of a pain in the a**.

Edited by dana1981 - Wed, 12 Mar 2008 22:40:48 UTC

Edited by dana1981 - Wed, 12 Mar 2008 22:42:39 UTC

Hmm I hope she can find it, because I can't.

Thinking about it further, I was initially only considering the Sacramento DMV, but I could get my scooter to the Davis DMV, and hopefully have enough juice left to take the skills test.  Plus reviewing the license requirements further, you just need to pass the written test in order to get a permit.  I don't know how long the permit lasts, but it has all the requirements I need (just no riding with passengers, on the freeway, or at night).

So I've got an appointment next Tuesday to take the written test, and assuming they don't ask too many questions about motorcycle clutches and such, I should get this problem settled at least for the time being.

Yeah I was considering that, but a brief search didn't yield any info about the price, locations, or length of the classes.  I think I can manage to get my scooter to the Davis DMV to get the full class M license, and it would probably be simpler than taking this class, but thanks for the tip.

Just as an update, I took the day off today to go to the DMV, passed the written motorcycle test, and got my permit.  Now I can ride my scooter (or a big honkin' Harley) legally for the next year, except at night.  I'll probably take the skills test before winter when it starts to get dark early.

So anyway, now we know unless your scooter can only go 20 mph and has pedals or is designed for standing up, you need an M2 class license in CA.  I think the Davis Electric Cars people were looking at the laws for scooters with pedals.

I also got and put together my new bike, and it's really nice outside, so I'm gonna go for a ride!

Thanks.  Yeah, he hasn't been back since that first time.  Maybe he's actually been patrolling the highways (a novel concept for a highway patrolman).  It's been pretty stressful watching out for him every time I pass by that same spot though, so I'm glad I can go back to riding my scooter carefree.

I also got my registration and license plate in the mail yesterday (it took the DMV about 3-4 weeks), so now I'm all set.

I got a nice surprise on Saturday.  It turns out that although he didn't tell me at the time, the highway patrolman gave me a ticket for not having a motocycle license or registration.  So I got a $235 ticket in the mail on Saturday.  There was much profanity, let me tell you.  And I can't cotest it, because technically he's right.  What a @%@#%!.

Yeah it's friggin' dumb.  I might try to contest it just to see if I can at least get the fine reduced.  I think it would put a point on my driving record too.  We'll see, it might be worth contesting after all.

Moped laws by state.

Mopeds don't necessarily have pedals anymore.  The term has more to do with the top speed of the vehicle than whether it has pedals.  Generally a moped is just a two-wheeled vehicle that goes slower than a motorcycle (i.e. not highway speeds) but faster than a scooter (i.e. 20 mph).

It has nothing to do with China.  That's how we've defined "moped" in the United States for decades.   What would you call a two-wheeled vehicle that goes 50 mph and has no pedals?  It's not a scooter - it's too fast.  But it's not a motorcycle either.  It's a moped by the American definition.

Yeah I think somebody - probably the local security personnel (darn rent-a-cops!) tipped of the police that there were people riding scooters around with no plates (there was one other guy at the time who had a gas motorized scooter), because the officer was just camped out in the perfect spot to stop me and there was no other reason for him to be sitting there.  Needless to say I was pretty peeved about it.

Yeah if I don't pass the skills test next time around I'll have to retake the written test again.  $28 is about right.  You could drive around with no drivers' license too.  It's just a really bad idea ;-)