Your Moped Is Probably Illegal (But That Might Be Okay)

Q: My wife and I just purchased two 49 cc scooters. I looked at the DOL website to find out the requirements. The one thing I’m concerned about is that it says they cannot travel faster than 30 mph. These scooters are capable of about 40 mph. So what do I do on roads that have 35 or 45 mph speed limits? Do I move over to pass? Will I get a ticket if I go 35 mph? It really seems to limit where I thought we could go.

A: What do we do when the law and reality don’t match up? Based on my observations, we stick with reality. Allow me to explain. Actually, before I explain, please indulge this gentle tirade: If we were to look up the legal definition of a moped (and we will) we would find nothing in the legal code requiring pedals. Given that moped is a portmanteau of the words “motor” and “pedal,” why are we still using that word to describe a vehicle that has no legal obligation to have pedals? In an effort to be as true to the law as I can, I’m compelled to use moped, even though your use of scooter is a better description of what we’re talking about. And that’s not even the mismatch between the law and reality I opened with.

Here’s the mismatch: A moped, as describe by Washington law, doesn’t currently exist in the market (or if it does, I couldn’t find one.) In my search for a Washington-legal moped, each one fell short in at least one of the four requirements listed in the law. Here are the requirements, along with rates of compliance to the law:

1. Three wheels or less – 100% compliance, but that was an easy one.
2. Cylinder displacement of 50 cc or less – This one is tricky, but I’m going to give it 100% compliance with an asterisk. Many manufacturers offer mopeds with an engine option larger than 50 cc, but they don’t suggest that you can ride them on a public road without a motorcycle endorsement.
3. Engine produces no more than two horsepower – 0% compliance. The closest I found was one with a listed horsepower of 2.95. That’s nearly 50% more powerful than allowed by law. Most of them were around 4 horsepower. The two horsepower moped is the unicorn of motorized two-wheel transportation. Our law believes in it, but it most likely doesn’t exist.
4. Top speed of 30 mph – Almost 0%. I’m not sure what the actual percentage is, but of all the manufacturers who listed the top speed of their mopeds, only one met this requirement.

Is a moped that doesn’t meet all the above requirements legal? Technically, no. But businesses rent them out, stores sell them, people ride them, and as far as I can tell there are no legal repercussions, so functionally speaking I guess they’re okay. I’m not endorsing the use of a non-conforming moped; I’m just recognizing the reality of the situation.

I understand the appeal of a moped. You get the open-air experience of a motorcycle without having to get a motorcycle license. Whether you think that’s smart or not is a whole other discussion, but legally you just need a driver license and a helmet to operate a moped. Based on the abundance of moped crash videos available on the internet, I’d also recommend some practice and skill.

As far as limits on where you can ride a moped, the only hard rule is that you’re not allowed on the freeway. (Actually that’s the only rule for roads; you’re not allowed to ride a moped on bike and pedestrian trails or other paths where any other motorized vehicle is prohibited.) Keep in mind that even if it’s legal to ride on a road with a 50 mph speed limit, it may not be wise. And if you’re riding at 30 mph on a road with a higher speed limit, you’re required to pull over at the first safe opportunity once you have five or more vehicles behind you. You’re welcome to pull over sooner, especially if the impatient drivers behind you are making you nervous.

Regarding the question of getting a ticket if you’re going 35 mph on a moped, I’ll respond with another question: Why would you want to? The small wheels and short wheelbase of a moped makes it less stable at high speeds than a motorcycle. Keep it below 30 so when you crash you’re more likely to survive.