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Old 07-06-2009, 07:20 PM   #1
mav1c
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Default OT: I'll give you a cookie if you can find this info...

So, my wife has a little 49CC Honda Metropolitan scooter that she rides to the commuter lot. When we bought it I looked into the VA laws, did various internet research, etc. AFAIK if it's under 50cc, and won't go faster than 35mph (it won't do more than 30, downhill, with the wind behind you), it's considered a moped, which doesn't have to be registered & insured, and doesn't require a motorcycle license. Well, today Melissa got pulled over by a PWC Motorcycle cop. He said that the laws changed in 2008 and that she needed a motorcycle license, and had to register it and get insurance. He also said that since the speedometer went up to 40, that meant it could go faster than 35. To me, it just sounds like he was being a PITA and didn't want to admit he was wrong. I checked the DMV site and all I see is this:

http://www.dmv.state.va.us/webdoc/ci...cles/moped.asp

If you can find more detailed info...I'll give you a prize.
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Old 07-06-2009, 07:27 PM   #2
knighter
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yeah the laws are correct... the officer wasn't up to date with his info or he didn't understand that it was a moped and not a scooter.
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Old 07-06-2009, 07:38 PM   #3
VA07WRX
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Copied from the site you linked:

Quote:
Moped drivers are required to abide by the same traffic laws and regulations as automobile drivers. Detailed information on Virginia's traffic laws and regulations is available in the Driver's Manual. In addition, certain local governments may impose restrictions on moped operation. Violations of the moped laws are considered a traffic infraction and convictions will appear on your driving record.

All DUI laws apply to mopeds operated on public highways.

No moped shall be driven on any highway or public vehicular area faster than 35 miles per hour. If you operate a moped faster than 35 miles per hour, Virginia law deems this to be operating a motorcycle, which requires you to title and register the moped as a motorcycle and obtain a motorcycle license. Operation of mopeds is prohibited on any Interstate Highway System.
I think the area in red is what you may need to focus on in order to get the complete information you are seeking.

The area in Green slightly differs from what you posted but this only helps your arguement even more as it does not say that the vehicle can not be capable of driving faster but only that the vehicle can not be operated at a higher speed.


I am going to keep searching until someone posts up a link to a specific law that clears everything up. or I get tired of looking.

Last edited by VA07WRX; 07-06-2009 at 07:44 PM.
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Old 07-06-2009, 07:43 PM   #4
VA07WRX
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Here is a link directly to the PWC Police that states the same as the DMV's website. It appears Mr. Iwanna B. Adick was incorrect.
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Old 07-06-2009, 07:47 PM   #5
Detslider
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^^^Print it, stash it under the seat and tell her to keep riding.
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Old 07-06-2009, 08:03 PM   #6
Abnormal
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Bring paperwork with law printout and manual showing her Metro only has a 49cc motor.

BTW, get that thing an aftermarket CDI... raises the rev limit from 8kish to 10.5k, that should get you around 37 mph or so if she needs to. Soemthing like $150, plug and play type deal.

The only time I can see a cop having an issue with a scooter is if she's going above 40mph, or isn't wearing a helmet.
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Old 07-06-2009, 08:11 PM   #7
ButtDyno
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http://leg1.state.va.us/000/cod/46.2-100.HTM
Quote:
"Moped" means every vehicle that travels on not more than three wheels in contact with the ground that has (i) a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground and (ii) a gasoline, electric, or hybrid motor that displaces less than 50 cubic centimeters. For purposes of Chapter 8 ( 46.2-800 et seq.) of this title, a moped shall be a vehicle while operated on a highway.
http://leg1.state.va.us/000/cod/46.2-914.HTM
Quote:
46.2-914. Limitations on operation of mopeds.

A. No moped shall be driven on any highway or public vehicular area faster than 35 miles per hour. Any person who operates a moped faster than 35 miles per hour shall be deemed, for all the purposes of this title, to be operating a motorcycle.
To me, that says it doesn't matter how fast it *could* go, just how fast it's going.

Looks like we are all saying the same thing.
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Old 07-06-2009, 09:10 PM   #8
ProDarwin
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Quote:
"Moped" means every vehicle that travels on not more than three wheels in contact with the ground that has (i) a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground and (ii) a gasoline, electric, or hybrid motor that displaces less than 50 cubic centimeters. For purposes of Chapter 8 ( 46.2-800 et seq.) of this title, a moped shall be a vehicle while operated on a highway.
How do you measure the displacement of an electric motor?
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Old 07-06-2009, 09:31 PM   #9
saint_foo
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Quote:
Originally Posted by ProDarwin View Post
How do you measure the displacement of an electric motor?

Pour out the blinker fluid in a volumetric flask (measured in cubic centimeters).
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Old 07-06-2009, 10:37 PM   #10
Homemade WRX
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search FIRST, then PM!!!

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Quote:
Originally Posted by ProDarwin View Post
How do you measure the displacement of an electric motor?
keep in mind who writes the laws


yes, my girlfriend is a lawyer...
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Old 07-06-2009, 10:52 PM   #11
ProDarwin
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Sweet. Time to build myself a 50hp electric scooter Crazy wheelies, but limit it to 35mph. Honestly, I don't really need to go over 35 on my way to work...
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Old 07-07-2009, 07:15 AM   #12
mav1c
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Thanks for all the info. She printed out all the relavant info and will carry it with her just in case she meets up with Mr. Friendly again.
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Old 07-07-2009, 07:42 AM   #13
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Default

Quote:
Originally Posted by Detslider View Post
^^^Print it, stash it under the seat and tell her to keep riding.
Probably your best bet Tim. Maybe he is interested in the rider and was trying to have a conversation topic?!

Has Officer Jackson moved from PG to PW?
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