Moped Laws Reviewed

The following is the law that applies to mopeds:

ARTICLE 3
Mopeds
SECTION 56-2-3000. Valid moped operator’s license required.
Section effective November 19, 2018.
A person operating a moped on a public highway at all times must have in his possession a valid moped operator’s license or valid driver’s license and moped registration.
HISTORY: 2017 Act No. 89 (H.3247), Section 10, eff November 19, 2018.

SECTION 56-2-3010. Moped registration required; special moped license plates; insurance; taxes.
Section effective November 19, 2018.
(A) A moped operated on a public highway must be registered and licensed with the department in the same fashion as passenger vehicles pursuant to this title.
(B) The department shall establish for mopeds a special size and class of license plates with distinctive numbering and/or lettering so as to be identifiable to law enforcement.
(C) Mopeds are not required to be titled or insured in this State.
(D) Mopeds are exempt from ad valorem property taxes in this State.
(E) If a manufacturer’s certificate of origin states the vehicle is a “motor scooter”, “motor-driven cycle”, or any similar term, the definitions of “motorcycle” and “moped”, as shown in Section 56-1-10, must be used to determine whether the vehicle must be registered as a moped or must be titled and registered as a motorcycle.
HISTORY: 2017 Act No. 89 (H.3247), Section 10, eff November 19, 2018.

SECTION 56-2-3020. Mopeds of nonresidents.
Section effective November 19, 2018.
(A) A privately owned and operated moped of a nonresident, otherwise subject to registration and license as provided by this chapter, may be operated within this State without being registered and licensed provided that the moped:
(1) is duly registered or licensed in the state, territory, district, or country of residence of the owner; and
(2) has displayed or issued a valid registration, registration card, license plate or decal, or other indicia satisfactorily evidencing compliance with the requirements of the owner’s home jurisdiction.
(B) The moped of a nonresident must be registered and licensed pursuant to this chapter upon the earlier of a nonresident’s:
(1) establishment of domicile in this State; or
(2) operation of the moped in this State for an accumulated period exceeding one hundred and eighty days.
HISTORY: 2017 Act No. 89 (H.3247), Section 10, eff November 19, 2018.

SECTION 56-2-3030. Application for registration and licensing of mopeds.
Section effective November 19, 2018.
An owner of a moped required to be registered in this State must make application to the department for the registration and licensing of the moped. The application must be made upon the appropriate form furnished by the department. Every application must bear the signature of the owner.
HISTORY: 2017 Act No. 89 (H.3247), Section 10, eff November 19, 2018.

SECTION 56-2-3040. Application requirements.
Section effective
November 19, 2018.
(A) An application for registration and licensing of a moped must contain:
(1) the name, bona fide residence and mailing address of the owner or business address of the owner if a firm, association or corporation;
(2) a description of the moped including, insofar as this exists with respect to a given moped, the make, model, type of body, serial number or other identifying number, whether the vehicle is new or used, and the date of sale by the manufacturer or seller to the person intending to operate the moped; and
(3) other information that reasonably may be required by the department to enable the department to determine whether the moped is lawfully entitled to registration and licensing.
(B) The application shall be accompanied by a bill of sale and a vehicle registration certificate, manufacturer’s certificate of origin, or an affidavit from the applicant certifying that he is the legal and rightful owner of the moped. The documentation provided must list the vehicle specifications, including the total cubic centimeters of the engine or wattage of the engine, as applicable.
HISTORY: 2017 Act No. 89 (H.3247), Section 10, eff November 19, 2018.

SECTION 56-2-3050.
Title issued with moped registration.
Section effective November 19, 2018.
The department, at the request of the owner, may issue a title for the moped in conjunction with the moped registration, provided that the owner makes application for title on the appropriate form and provides the department with a manufacturer’s certificate of origin or a prior title. If an owner cannot provide a manufacturer’s statement of origin or prior title, the moped may be registered, but not titled.
HISTORY: 2017 Act No. 89 (H.3247), Section 10, eff November 19, 2018.

SECTION 56-2-3060. Penalties.
Section effective November 19, 2018.
(A) A person is guilty of a misdemeanor who:
(1) fraudulently uses or gives a false or fictitious name or address in an application required to be made under this a
(2) knowingly makes a false statement in an application; or
(3) knowingly conceals a material fact in an application.
(B) A person who operates or an owner who permits the operation of a vehicle registered and licensed under a violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
HISTORY: 2017 Act No. 89 (H.3247), Section 10, eff November 19, 2018.

SECTION 56-2-3070. Moped operation.
Section effective November 19, 2018.
(A) A person may not ride upon a moped other than upon or astride a permanent and regular seat attached to the moped. A moped may not be used to carry more persons at one time than the number for which it is designed and equipped by the manufacturer to carry.
(B) A moped, while traveling along a multilane highway, must be operated in the farthest right lane except when making a left turn or when travel in the farthest right lane is unsafe.
(C) A person under the age of twenty-one may not operate or ride upon a moped unless he wears a protective helmet identical to underage motorcycle helmet requirements provided in Section 56-5-3660.
(D) A person may not operate a moped at a speed in excess of thirty-five miles per hour.
(E) A person may not operate a moped on a public highway that has a speed limit of greater than fifty-five miles per hour. A person operating a moped may cross an intersection at a public highway that has a speed limit of greater than fifty-five miles per hour.
(F) The operator of a moped must have turned on and in operation the operational lights and the headlight at all times while the moped is in operation.
(G) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
HISTORY: 2017 Act No. 89 (H.3247), Section 10, eff November 19, 2018.

SECTION 56-2-3080. Requirements for selling, leasing, or renting mopeds; penalties.
Section effective November 19, 2018.
(A) It is unlawful for a person in the business of selling, leasing or renting mopeds to sell, lease or rent a moped for use on the public highways of this State without:
(1) operable pedals, if the moped is equipped with pedals;
(2) at least one rearview mirror;
(3) operable headlights and running lights; and
(4) brake lights which are operable when either brake is deployed.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
HISTORY: 2017 Act No. 89 (H.3247), Section 10, eff November 19, 2018.

SECTION 56-2-3090.
Law governing operation of mopeds posted in seller’s place of business.
Section effective November 19, 2018.
A person selling mopeds shall post, in a conspicuous place in his business, a sign that contains a brief explanation of the provisions of law governing the operation of mopeds, including, but not limited to, age restrictions, maximum speeds, and the definition of a moped.
HISTORY: 2017 Act No. 89 (H.3247), Section 10, eff November 19, 2018.

SECTION 56-2-3100. Moped seller not required to obtain motor vehicle dealer’s license.
Section effective November 19, 2018.
A person or entity selling mopeds is not required to obtain a motor vehicle dealer’s license.
HISTORY: 2017 Act No. 89 (H.3247), Section 10, eff November 19, 2018.

ARTICLE 4
Penalties

SECTION 56-2-4000. Violations of chapter;
penalties.
Section effective November 19, 2018.
It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony. A person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.

HISTORY: 2017 Act No. 89 (H.3247), Section 11, eff November 19, 2018.