Legal Question in Traffic Law in Florida

I need clarification conserning moped laws in the sate of Florida

Is it necessary to have a drivers licence to drive a moped in the State of Florida? I have been told that one is needed, but the laws don't seem to say so.

Chapter 316 State Uniform Traffic Code

316.003 - 21 - MOTOR VEHICLE -- Any self-propelled vehilce not operated upon rails or guideway, but not including any bycycle or moped.

322.03 Drivers must be licensed; penalties.--

(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter.

Well according to 316.003 - 21 and 316.003.77, a moped is not a motor vehicle, so what law states that the driver of a moped is required to have a license?


Asked on 8/01/02, 7:08 pm

1 Answer from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: I need clarification conserning moped laws in the sate of Florida

Well, a little knowledge is a dangerous thing isn't it?

Chapter 322 has a different definition of "motor vehicle" than chapter 316:

"322.01 Definitions.--As used in this chapter:

* * *

(26) 'Motor vehicle' means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003."

A driver's license is definitely required to operate a moped. One is even required to operate a "goped," a gasoline powered scooter.

Dan

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Answered on 8/01/02, 9:20 pm


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