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Do You Need a License To Drive a Scooter In Florida?

Posted on: August 24, 2023

Scooters have become a popular form of transportation in recent years, thanks to their compact size, low fuel consumption, and easy maneuverability. If you’re considering buying a scooter or moped in the state of Florida, you may be wondering if you need a special license to operate it.

Today, we’ll take a closer look at the legal requirements for riding a scooter or moped in Florida, as well as the potential risks and legal considerations associated with these vehicles.


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Motor Scooter vs. Motorized Scooter

Before we dive into the licensing requirements for operating a scooter or moped, it’s important to clarify some terminology. In Florida, there are two main types of vehicles that are commonly referred to as scooters: motor scooters and motorized scooters.

A motor scooter is typically a two-wheeled vehicle with a small engine that is capable of speeds of up to 40-50 miles per hour. Florida Statutes don’t actually have a definition for a motor scooter, which means they fall under the definition of a motorcycle. This means that the operator of a motor scooter must have a valid driver’s license, and if the vehicle is powered by a 50cc engine or larger, the operator must then have a motorcycle endorsement or a ‘Motorcycle Only’ driver’s license.

Senior couple riding a classic scooter

On the other hand, a motorized scooter is a smaller, slower vehicle that is typically powered by an electric motor or a small gas engine. According to section 316.003(48) of the Florida Statutes, a motorized scooter is defined as any vehicle “that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground.”

If you’re considering purchasing a scooter or moped, it’s important to understand the differences between these two types of vehicles and the licensing requirements for operating them.


What Is Considered a Moped in Florida?

In Florida, a moped is a vehicle that has pedals and can be propelled by human power, a seat or saddle for the driver, two or three wheels, a motor with a maximum of two brake horsepower (BHP), 50 cubic centimeters (cc) or less of engine displacement, and an automatic transmission. State law also indicates that mopeds have a max speed of 30 mph on level ground.

If your vehicle meets these criteria, you do not need a motorcycle endorsement or a special license to operate it in Florida. However, you must still have a valid driver’s license or a moped operator’s license.


Close-up image of female feet on an electric scooter, with a wheel in the foreground.

Understanding the Risks of Riding a Scooter or Moped

While scooters and mopeds may offer several benefits, such as low fuel consumption and easy parking, they also pose significant risks to riders. Unlike cars, scooters and mopeds offer little protection from the force of a collision with another vehicle. In the event of an accident, a moped operator is likely to sustain a serious injury. Examples include broken bones, internal organ damage, and even traumatic brain injuries.

To minimize the risk of injury, it’s important to wear a helmet and other protective gear, including gloves, long pants, and a jacket. Additionally, it’s important to follow all traffic laws, stay at or below the speed limit, and ride defensively to avoid accidents.

In the event of a scooter or moped accident, liability can be a complex issue. If the accident was caused by another driver’s negligence, you may be entitled to compensation for your injuries, lost wages, and other damages. However, if you were at fault for the accident, you may be held liable for the other driver’s damages. In some cases, both parties may share fault for the accident.

It is important to note that Florida is a no-fault state when it comes to car accidents, meaning that each driver’s insurance company is responsible for paying their own medical bills and other related expenses, regardless of who was at fault for the accident. However, this does not necessarily apply to scooter or moped accidents.

Florida law does not require moped or scooter operators to carry insurance, but they may still be held financially responsible for any damages they cause in an accident. In addition, if the operator of the scooter or moped is injured by another driver’s negligence, they may be able to pursue compensation from the other driver’s insurance company if that driver insured that moped. However, it is unlikely that anyone involved in a moped crash will have liability insurance.


Young Businessman Commuting To Work Through City On Scooter

Immediate Actions Following a Scooter or Moped Accident in Florida

If you or a loved one has found themselves in the unfortunate situation of a scooter or moped accident, there are crucial steps to consider for both your health and potential legal pursuits:

Prioritize Medical Care

Even if you feel unscathed after the accident, always consult a healthcare professional. Injuries from such incidents can be insidious, manifesting or worsening days or weeks later. Prompt medical attention ensures that any injuries are diagnosed and treated early, reducing the risk of complications. Furthermore, having a medical record from right after the accident can be invaluable evidence should you decide to claim compensation later.

Seek Legal Counsel

Navigating the complexities of Florida’s scooter and moped laws can be challenging. Beers & Gordon, P.A. offers a free consultation to help victims understand their rights and potential courses of action. With Florida’s diverse definitions and regulations regarding motor scooters, motorized scooters, and mopeds, as well as the unique risks associated with these vehicles, having expert legal advice can make a significant difference in the outcome of your case. Remember, reaching out for legal guidance immediately post-accident enhances your prospects of a favorable resolution, ensuring you’re well-protected and adequately compensated for any damages incurred.

While the appeal of scooters and mopeds is evident in Florida, ensuring safety and being informed about immediate actions post-accident are important. Proper medical care and expert legal assistance are essential for the best possible outcome.

If you’ve been involved in an accident involving a scooter or moped in the state of Florida, contact the personal injury attorneys at Beers & Gordon for a free consultation. We’ll hear the specifics of your case and be able to offer suggestions on what your next steps should be.

Jim Gordon / Beers and Gordon P.A. / Civil Trial Attorneys

Jim Gordon

Jim Gordon earned his Juris Doctorate from the University of Nebraska in 1997, and two years later began working at a firm in Orlando handling insurance defense matters on cases involving vehicle accidents, negligence, product liability, and more. He established Beers & Gordon P.A. with David Beers in 2009 to represent the rights of people injured because of negligence. He is a member of the invitation-only National Trial Lawyers organization and the Million Dollar Advocates Forum.


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