Virginia
Scooter Laws
While slightly different Maryland, Virginia, and
Washington D.C. all make it simple by defining in law only
two classes of two wheeled vehicles: motorcycles and mopeds
(try reading New York and Ohio laws with their four tiers
each of two-wheelers, yikes!).
Here are the VIRGINIA laws, all annotations denote the
section of the CODE OF VIRGINIA (§) or the VIRGINIA
ADMINSTRATIVE CODE (VAC) that the law can be found in.
DEFINITIONS:
Virginia does not define a scooter per se, a scooter is
either a motorcycle or it is is a moped. There are no in
betweens, no ifs, ands, or buts.
A "Motorcycle" is any two-wheeled vehicle (§
46.2-100). Except when it's a moped.
A "Moped" is any vehicle that has an engine size of 50cc
or less, produces no more than 2 bhp, and can travel not
more than 30 mph (§ 46.2-100), the pedal restriction
was removed in 1998. If you have derestricted your bike so
that it goes faster than 30 mph, it is a motorcycle (§
46.2-914).
If your dealer has derestricted your bike and told you it
is still a moped, then THEY ARE LYING. I know at least three
local dealers who have done this. One dealer in Leesburg was
given thousands of dollars in fines as a result.
DRIVER'S LICENSE:
You must have a driver's license with an M-class
endorsement to drive a motorcycle (§ 46.2-337). It is a
$300 fine, and you may be arrested if you drive a motorcycle
without the proper motorcycle license in Virginia, this is
the same penalty as driving a car without a license. Anyone
15 1/2 or older may get a motorcycle learner's permit.
Anyone who is 16 years old or older, who has held a
motorcycle learner's permit for a minimum of 30 days may get
a full motorcycle license.
Virginia offers Motorcycle Safety Foundation courses for
both beginner's and advanced riders. Successful completion
of the beginner's class may be used in place of the driver's
license road test. The MSF provides small motorcycles for
the beginner's class. You do not need to know how to ride
before taking the beginner's class (though having a clue
helps). The Advanced class is available to riders with at
least 5,000 miles of experience. You may ride your own
(inspected, Virginia-registered) scooter in this course. For
more info on MSF classes call 888-826-7584 or visit
http://www.Learn2Ride.com
Keep in mind that classes fill up at least six months in
advance, so plan early (or be willing to travel to less
congested southern Virginia) if you wish to take one of
these courses.
You do not have to have a driver's license to ride a
moped (§ 46.2-100 & § 46.2-300). Thus drunks
who have had their licenses revoked, may ride mopeds in
Virginia. However you must be at least 16 years old to ride
a moped (§ 46.2-914).
REGISTRATION:
All motorcycles in Virginia must have a title and display
a license plate (§ 46.2-613-1). Motorcycles over 25
years old may display antique historic plates.
Mopeds do not by state law require a license plate.
However each moped is require to display a permanent decal
or sticker which states "its motor is rated at no more than
two brake horsepower producing only ordinary speeds up to a
maximum of thirty miles per hour" (§ 46.2-915). And
each city and county in Virginia may decide on its own to
require license plates on mopeds (§ 15.2-1720).
INSURANCE:
All motorcycles are required to either carry a liability
insurance policy or they are required to pay to state
uninsured vehicle fee (§ 46.2-707).
Mopeds do not require insurance.
INSPECTION:
Motorcycles must pass an annual vehicle safety inspection
(§ 46.2-1157) unless the motorcycle has historic
plates. Motorcycles do not require emissions inspection. The
inspection sticker must be displayed on the left front fork
(19VAC30-70-50), yes I know, classic Vespas have no left
fork.
Mopeds do not require inspection.
HELMETS:
Motorcyclists must wear helmets and eye protection
(§ 46.2-910) unless they are riding in a parade.
Moped riders do not need a helmet or eye protection.
OPERATION:
Motorcycles are subject to all highway laws of the state
of Virginia. However, motorcycles may use HOV/Car Pool lanes
with only one rider (§ 33.1-46.2). Bikes with historic
plates may not be used for commuting to work (46.2-730).
A moped is a vehicle subject to all highway laws of the
state of Virginia (§ 46.2-800). You may only ride a
moped in the right lane (§ 46.2-905).
PARKING:
As a general rule, all parking regulations are local
ordinances and not state code. However, according to the
Virginia Administrative Code, regulation 8VAC105-10-520
Par
king enforcement: "Mopeds may be parked only at bicycle
parking racks. Motorcycles may not be parked in bicycle
racks." If you park your bike on a sidewalk and it gets
towed...
FREEWAYS:
Any motorcycle that can safely keep up with traffic is
allowed on a freeway or interstate.
Mopeds are not allowed on freeways.
Those are the laws. Whether the police choose to enforce
them or you choose to obey them is a different story. If you
don't like the laws fine. Act on everything you learned in
your high school civics class. Write your councilmembers,
delegates, senators, and representatives and ask to change
the laws.
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