(October 23, 2018)-  Traffic Tuesday! For this Traffic Tuesday we will be focusing on Mopeds and their operation on roadways.

Florida law establishes that sidewalks may not be used by any vehicle other than those that utilize human power. So……to put it more simply, if the vehicle you are using has a motor it probably can’t be used on a sidewalk. Of course, there are some exceptions like motorized wheelchairs and if you are walking your moped or scooter on the sidewalk without power then it is considered to be under human power and not a violation. If you operate a moped on the roadways of Florida a registration, tag, and driver’s license is required.

What is a moped?

A moped, by Florida State Statute, is defined as: Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.

The Florida State Statute covering riding on motorcycles or mopeds is 316.2085.

A person operating a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle or moped, unless such motorcycle or moped is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the motorcycle or moped at the rear or side of the operator.

A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator.

The license tag of a motorcycle or moped must be permanently affixed to the vehicle and remain clearly visible from the rear at all times. Any deliberate act to conceal or obscure the legibility of the license tag of a motorcycle is prohibited. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. Alternatively, a license tag for a motorcycle or moped for which the numbers and letters read from top to bottom may be affixed perpendicularly to the ground. Notwithstanding the authorization to affix the license tag of a motorcycle or moped perpendicularly to the ground, the owner or operator of a motorcycle or moped shall pay any required toll by whatever means available.

No person shall operate a motorcycle or moped while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars.

No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or moped or the view of the operator.

A person under 16 years of age may not: Operate a motorcycle that has a motor with more than 150 cubic centimeters displacement or rent a motorcycle or a moped.

A violation of this statute is a noncriminal traffic infraction, punishable as a moving violation.

#TrafficTuesday

REMINDER: If you have traffic concerns, you can submit them here: www.capecops.com/traffic. Your will be routed directly to the Traffic Unit for follow-up. Please be as detailed as possible to include things like days of week, times you are seeing the issue, or specific cars (if it is a particular vehicle with which you are having an issue).

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CAPE CORAL POLICE DEPARTMENT | Public Affairs Office | 1100 Cultural Park Boulevard | Cape Coral, FL 33990 | (239) 242-3341