APD: Get to know scooter laws

Kenneth Hart/The Independent

Ashland August 20, 2008 11:26 pm

— In this era of $4-a-gallon gasoline, the sight of motor scooter operators zipping through city streets on the fuel-sipping two-wheelers has become commonplace.
However, police say they’re concerned that many who have purchased scooters may be misinformed about the laws pertaining to their operation on public roadways.
Ashland Police Capt. Todd Kelley said the most common misconception is scooters with engine displacements of 49 cc or smaller do not have to be licensed, registered or insured and do not require a license to operate.
However, according to Kentucky Revised Statutes, the 49 cc rule applies only to mopeds. And, to be defined as a moped, a vehicle must meet additional criteria.
To be considered a moped, state law requires a vehicle:
‰Be either a motorized bicycle whose frame design may include one or more crossbars supporting a fuel tank, so long as it has pedals; or a motorized bicycle with a step-through frame that may or may not have pedals.
‰Have an engine not rated more than two-brake horsepower.
‰Have an automatic transmission not requiring clutching or shifting.
‰Not be capable of achieving a top speed of more than 30 mph.
“All of those factors have to be in place,” Kelley said. “If a vehicle doesn’t meet any one of those elements, it’s a motorcycle.”
And, if it’s a motorcycle, it has to be licensed, registered and insured, and it requires a motorcycle operator’s license or learner’s permit to operate legally on the street.
The law also prohibits those younger than 16 from operating a motorized vehicle that isn’t a moped on a public roadway.
While many models of scooters share certain elements with mopeds — 49 cc engines, step-through frames and automatic transmissions being several of the more common ones — many also fall outside the legal definition of a moped because they’re capable of traveling at speeds greater than 30 mph, Kelley said.
In fact, some scooters have speedometers with top speeds of 45 or 50 mph, and APD officers have pulled over scooter operators for speeding who have been clocked traveling that fast, he said.
Also, Kelley said there was an accident recently in the city where a scooter rider collided with a car and police determined the scooter rider was at fault. The scooter wasn’t registered, and the operator had no license or insurance, he said.
Because he had no insurance, the scooter operator is now on the hook for repairing the car he hit, Kelley said.
That incident, Kelley said, illustrates one of the reasons police are urging scooter owners to make sure they’re in compliance with the law before they hit the streets.
“We want to make sure that people are protected financially,” he said.
With more and more scooters becoming part of the traffic stream, police also are trying to educate the public about their proper use before serious problems arise, Kelley said.
“There’s absolutely nothing wrong with having them,” he said. “We’re just trying keep everyone safe.”
Those with questions about the licensing requirements for scooters should call their local law enforcement agency or county clerk’s office, Kelley said.
APD officers will be keeping a closer eye on scooters to make sure they are properly licensed and registered, Kelley said.
“We’re going to start off by trying to educate people so they know what’s expected of them,” he said. “Then, if that doesn’t work, we’ll issue written warnings and then citations, if necessary.”
KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.