What is a 49cc in the State of Florida?
A 49cc scooter is automatically considered a motor vehicle under Florida law. It is defined as a two- or three-wheeled motorized vehicle with a maximum engine capacity of 49cc. These vehicles can be classified as either a moped or a motorcycle, depending upon their design and capabilities. At a minimum, 49cc scooters must possess each of the following components: Depending on their design, 49cc scooters may have more powerful engines designed to reach higher speeds . They may also have more complex features that allow them to perform functions traditionally associated with motorcycles or mopeds. Mopeds are a specific subclass of 49cc scooters. They must have a maximum speed capacity of 30 mph, and may not exceed 50cc in engine capacity. Because they are intended for limited speed travel, mopeds are exempt from many of the motor vehicle requirements imposed upon full-sized scooters. Mopeds are not required to have clutch pedals, ridden with feet on the foot pegs and incorporate an automatic transmission.
Registration and Licensing for 49cc Scooters in Florida
In Florida, 49cc scooters must be registered with the Department of Highway Safety and Motor Vehicles (DHSMV) just like any other motor vehicle. When registering your scooter, you will need to provide a title for the vehicle, proof of identity, and proof of residency in Florida. It is also required that you have liability insurance on your scooter before registration. All scooters, regardless of their engine size, must be insured. Your insurance should include the following coverage: At minimum, you will need to carry $10,000 for personal injury per person and $20,000 per accident, plus $10,000 for property damage. It is important to keep in mind that different insurance companies have different requirements for issuing comprehensive coverage on your scooter. However, most require you to have a motorcycle endorsement on your license and/or a motorcycle training course completion certificate. The more insurance you carry, the more expensive your insurance will be. However, additional comprehensive coverage can save you from being responsible for damages to another party’s property after a scooter accident. An important consideration in Florida is whether you hold a Class E or Class M driver’s license. If you hold a Class E driver’s license, you are authorized to operate mopeds and scooters (less than 50cc). 49cc scooters fall within this group. You may not drive a 49cc scooter with a Class E license UNLESS the scooter is registered as a moped. 49cc scooters are registered by the DHSMV as scooters and are covered by the same regulations as motorcycles. You will need a Class M driver’s license in order to drive a properly registered scooter in Florida.
Helmet and Safety Gear for 49cc Scooter Riders and Passengers
When it comes to both power scooters and scooters for adults, there are general safety laws that apply throughout the state of Florida. If you’re thinking about purchasing a scooter to travel around town, it’s important to be aware of these regulations. For example, the law does not require the use of a helmet if the engine size is 50cc or less. However, this ceases to apply if you are involved in a crash, at which point a helmet becomes mandatory. In addition to this general rule, Florida has some other laws regarding helmet use.
For any powered two-wheel motorcycle, operator or passenger 21 years of age or older must wear a safety helmet and eye protection…
The law further states that all operators under 21 years of age, even those with a motorcycle license, "must wear a helmet that meets DOT specifications."
When in public, it’s important to wear protective eye gear such as goggles, glasses, a face shield or a visor for your helmet.
Essentially, it’s a good idea from a safety perspective to be wearing a helmet and eye protection regardless of your age. In fact, helmets are legally required for anyone under the age of 21 regardless of engine size.
Goggles, glasses and face shields are not required by the law, but they can help you to avoid the potential dangers of dust, dirt and hair in your eyes while cruising down the road.
49cc Scooter Insurance Requirements in Florida
Insurance required for motorcycles in Florida also applies to your 49cc scooter. The minimum liability coverage required is $10,000 in property damage coverage and $20,000 along with an additional $10,000 in uninsured or underinsured motorist coverage. Remember, this is the absolute minimum coverage required by law.
You may not be aware that you can face unnecessary civil liabilities if you do not have adequate coverage on your scooter. For example, if you are hit by a driver that is the at fault driver and you don’t have enough coverage to cover your damages, you will not be able to recover the remaining damages from the at fault party. Likewise, if a driver of a scooter caused a collision, you could end up personally liable for the damages if you do not have sufficient coverage. As such you should consider obtaining some of the higher coverages offered by insurance companies.
What is much more important than the minimum coverages required in Florida is personal injury protection. If you have purchased any kind of personal injury coverage, you are always entitled to benefits regardless of fault. Having such coverage on your 49cc scooter is crucial. If you or someone who is renting or borrowing your scooter is involved in a collision and serious injuries result, you will need this very valuable type of insurance protection.
Where You Can Ride Your 49cc Scooter in Florida
Florida’s laws on where you can ride a 49cc scooter are very important for someone considering riding one. To start, there are no laws against riding on private property in Florida, so long as the owner gives permission and sets no boundaries for riding.
As far as where you can and cannot ride your motor scooter on the roadways, the rules are a little more complicated.
Most types of scooters, and in practice even those heavily modified to make them go faster than their engine sizes would allow, are considered type B scooters which means they are restricted as follows: A type B scooter shall not be operated on any street or highway having a posted speed limit of greater than 30 miles per hour .
According to 316.2122, Florida Statutes, the following states where a Type B Scooter may not be operated:
In urban areas, a Type B scooter may not be operated on any road or roadway in the corporate limits of any municipality.
Basically, if you live anywhere that has any roads with speed limits over 30 miles per hour, (including cities and towns), then you are going to be limited to riding on private property. These laws are a bit ridiculous when we consider that as soon as you hit 50cc’s, you have to have a drivers license and insurance to drive legally.
Penalties for Breaking Florida’s 49cc Scooter Laws
Operating a 49cc scooter without the proper operating license and registration is a violation of Florida law. As a result, the penalties for riding a 49cc scooter either without the required license or insurance can be significant. First of all, the scooter can be impounded, resulting in not only the cost of the towing charge and any storage fees by the towing company. In the case of a driving while your license is suspended or revoked without a valid need for driving this is generally a first-degree misdemeanor offense, which is punishable by up to 364 days in jail and a maximum fine of $1000. In addition, the cost for this violation alone can add up quickly, when one also factors in the administrative costs for impounding and storing the vehicle seized by the law enforcement officers. An arrest warrant is often issued for those failing to appear at court dates for initial court appearances for charges of driving with a suspended license. There is often a failure to appear charge, where the individual will be arrested for violating a court order for failing to appear, in addition to being charged with driving with a suspended license. A first-degree misdemeanor on a violation of this type increases those potential legal penalties to the maximum amounts allowed by statute. For violations of this type, an attorney with experience in handling cases of this nature in the county or community where the incident occurred is vital in obtaining any potential resolutions possible under the law.
How Florida’s Laws for 49cc Scooters Match Up To Other States
Florida’s scooter laws are somewhat similar to those in several other states, with the exception of a few states that have much more strict laws. The most widely comparible state is Tennessee. Florida and Tennessee both have age limitations (at least 15 or 16 without any special licensing). Both also demonstrate driver’s license and registration requirements, and options for obtaining a temporary motorcycle license for those unable or unwilling to obtain a full motorcycle license.
Other states have even more strict requirements. Some states like Massachusetts and New York do not allow scooters to be operated on public roadways without a full motorcycle license. North Carolina and Kentucky go even further, requiring owners to maintain a full motorcycle license and a helmet and restrict operation to highways under a certain speed limit.
When Florida’s laws are compared to those in other states , there are few differences that stand out. For example, Fort Worth, Texas has a motorcycle permit program that is very similar to the one in Florida as well as a similar age limitation of about 15 or 16. Florida also places restrictions on the number of cylinders in a scooter despite the absence of federal laws requiring such restrictions.
Twenty-one states require motorcyclists to wear helmets. Florida is not one of these states, which may be considered an odd exemption given the high number of injury-causing accidents that occur every year. Other states, like New York, completely ban anyone from operating a scooter without a motorcycle license, even a temporary license. There is no freezing period on Florida’s requirements.