Indiana Moped and Scooter Laws

Discussion in 'Laws and Legislation for Motorized Bicycles' started by Pappy, May 1, 2009.

  1. Pappy

    Pappy New Member

    Joined:
    Apr 19, 2009
    Messages:
    214
    Likes Received:
    0
    Indiana Moped and Scooter Laws

    The following information is being provided by the Fort Wayne Police Department. While not all laws are covered with regards to motorized bicycles, commonly known as "mopeds", those directly related to mopeds have been included. Any violation(s) could cause the operator to encounter criminal and/ or civil liability. These have been explained in a simple manner.

    Indiana Code I.C. 9-21-11-12 Restricitons on operation of mopeds-In order to operate a moped, you must:
    (1) Be at least 15 years old;
    (a)Those under 18 years old (I.C. 9-21-11-13) must:
    (i) Wear protective headgear;
    (ii) Wear eye protection, i.e. goggles, glasses, faceshield, etc.
    (2)Have with you a state issued drivers license or I.D. card;
    (3)You cannot drive on an interstate highway or sidewalk;
    (4) You cannot drive over 25 miles per hour

    Other rules of the road
    It is important to understand that depending on certain factors, your "scooter" may be considered a motorcycle. If this is the case, then you will have to obey those laws pertaining to motorcycles. The following definitions apply.

    (1)Moped-a 2 or 3 wheeled vehicle powered by an engine or electric motor. If it is
    powered by an engine:
    (a)It must not have a rating or more than 2 HP (horsepower);
    (b)It must not be more than 50cc (cubic centimeter)
    (c)It must have an automatic transmission;
    (d)It must be intended not to exceed 25MPH by design;
    (e)This does not apply to electric personal assistive mobility devices.
    (f) It may be driven by no more than 2 side by side in a single lane;
    (g)Intended for 1 occupant (the driver);
    (h) Has both pedals and a motor or engine.

    (2) Scooter-a vehicle that has the following:
    (a)Motive power (engine or motor);
    (b)A seat, but not a saddle for the driver;
    (c)Two wheels;
    (d)A floorpad for the drivers feet (floorboard);
    (e)Intended for 1 occupant (the driver)

    When a scooter is considered a moped
    (1)When it is rated at 2HP or less; and
    (2)When is has 50cc or less; and
    (3)When the designed speed is not greater than 25MPH

    When a scooter is considered a motorcycle
    (1)When it is rated at more than 2HP; and
    (2)When it has more than 50cc; and
    (3)When the designed speed is greater than 25MPH.

    (f) If this is the case in the latter example, then it is considered a motorcycle
    (i) Drivers and passengers under 18 must wear head and eye protection;
    (ii) Drivers must have with them a valid motorcycle endorsement or
    motorcycle learners permit;
    (iii) The vehicle must be registered (license plates) and insured;
    (iv)All other motor vehicle laws apply;
    (v) It may be driven by no more than 2 side by side in a single lane.

    (3)Motorcycle-a motor vehicle with motive power, with a seat or saddle, with no more than 3 wheels in contact with the roadway, but does not include farm tractors or motorized bicycles.
     
  2. HoughMade

    HoughMade New Member

    Joined:
    Apr 15, 2008
    Messages:
    624
    Likes Received:
    0
    All 100% accurate. Good information.

    (I have been an Indiana attorney for over 10 years, MBer for 2 years).
     
  3. Chavo27

    Chavo27 New Member

    Joined:
    Apr 27, 2009
    Messages:
    28
    Likes Received:
    0
    So lets say someone builds a "motorized" bicycle with one of these engine kits that are available over the internet. They then going did through their parents garage for thie old Schwinn.... After knock off all the cob webs and fixing the flat tired they mouth this engine kit and off they go..

    With the way the law is set up.. Is it legal for them to drive this bicycle they made/modified without a headlight, tail lights, & turn signals? Or would this be deemed not "street legal" and end up get the operator a fine?
     
  4. Cabinfever1977

    Cabinfever1977 New Member

    Joined:
    Mar 23, 2009
    Messages:
    2,290
    Likes Received:
    0
    hey its not legal in ny but i have one and will continue to ride,and i will try my hardest not to get pulled over.
    you could always yell: the throttle is stuck and the brakes went out
    they cant give you a ticket if you cant stop
     
  5. Chavo27

    Chavo27 New Member

    Joined:
    Apr 27, 2009
    Messages:
    28
    Likes Received:
    0
    lol, I line in a small town everyone knows everyone.. They would just wait for me to get home..
     
  6. Cabinfever1977

    Cabinfever1977 New Member

    Joined:
    Mar 23, 2009
    Messages:
    2,290
    Likes Received:
    0
    well if its that small you shouldnt have a problem. i know in most very small towns you can ride just about anything:tractors,4-wheelers,dirtbikes,bikes with engines,etc.
    like a town with just one cop,how many problems can you have.
    i live in a small town but we have 1 cop car per street,im serious.
    luckly i dont see them too much,but its still hit and miss with the troopers and local city cops.i feel like im on a bootleg run but without the wiskey,lol.

    you are fine as long as you are allowed to put a engine on your bike,i dont know if you have to get a plate or not but its like $50 if you have too.
    and they wont know how fast it goes or what size your engine is,you just say it goes 20mph and is 49cc.
     
    #6 Cabinfever1977, May 2, 2009
    Last edited: May 2, 2009
  7. HoughMade

    HoughMade New Member

    Joined:
    Apr 15, 2008
    Messages:
    624
    Likes Received:
    0
    Provided the engine is under 50ccs, 2 hp and under, with a transmission that does not require shifting and is designed to operate under 25 mph- it is legal. If it does not meet any one of those requirements, it is a motorcycle and must meet all of the motorcycle requirements.

    BTW- there is a definition of motorized bicycle and scooter- but there is no difference with how they are treated under the law.
     
  8. Cabinfever1977

    Cabinfever1977 New Member

    Joined:
    Mar 23, 2009
    Messages:
    2,290
    Likes Received:
    0
    yeah but whos going to know what size engine you have or how fast it goes,unless you get caught doing 35-40mph,and theres no inspection so no one will know if you have a shifter.but they can check your engine plate for engine size if it has one.but if its saids over 49cc you can take it off or put one over it.
     
  9. jared8783

    jared8783 New Member

    Joined:
    May 13, 2009
    Messages:
    216
    Likes Received:
    0
    Worst case senerio for Chavo27 is you will have to use hand signals for braking and turning during daylight hours and not be allowed to drive at night.

    As far as the scooters being considered motorcycles when they pass the 25mph mark.
    My Dad is from fortwayne and from what I understand they are VERY strict on that and will give you alot of hassle about it.

    But in Elkhart Indiana where I live the cops dont care if it is 50 cc and does 45mph. They might wave hello at you as you go by and thats it.

    And living a 5 min drive from MI I beleive that scooters have to be plated and insured but I dont know about mopeds.
     
  10. HoughMade

    HoughMade New Member

    Joined:
    Apr 15, 2008
    Messages:
    624
    Likes Received:
    0
    I have had the same experience in the Valparaiso area as Jared had in Elkhart (I grew up in Edwardsburg, right over the border, by the way- and yes, scooter and mopeds must be registered there).
     
  11. Norco John

    Norco John New Member

    Joined:
    May 26, 2009
    Messages:
    87
    Likes Received:
    0
    I see so many of these throw-away $600 "50cc" Chinese scooters being driven everywhere at 40+MPH with no plates on them and seldom do you see a cop pulling them over.
    Having said that I could just see myself getting pitched and grilled for being clocked at 28MPH on a downhill.
    Murphy's Law, y'know...
     
  12. jared8783

    jared8783 New Member

    Joined:
    May 13, 2009
    Messages:
    216
    Likes Received:
    0
    according to Indiana law the 25 mph speed limit only applies to flat ground.
    There is no official downhill speed limit for mopeds, other than what is posted.
     
  13. Pappy

    Pappy New Member

    Joined:
    Apr 19, 2009
    Messages:
    214
    Likes Received:
    0
    Hi,
    I live in Anderson, Indiana. Madison County, about 35 miles N/E of Indianapolis.

    This is a 4 stroke (Gas) 49cc, with a 4 speed transmission, cruises at 45mph red line at 52mph.

    [​IMG]

    The reason I'm posting this is because, from what Ive been reading, and what Ive been told by Law Enforcement Officers, City, County, State and the DMV. That Moped, Scooter and Motorized Bicycle laws vary from County to County.

    The only requirement for this Mini Chopper in Anderson, IN. Madison Co. is:

    1) Must be 16 years of age or older.
    2) Must obtain a valid Drivers License whit a Motorcycle endorsement.
    3) Must have a working Head light and Tail light. (Turn Signals Optional)
    4) Obey all Traffic Laws.

    No Plates or Insurance was required.

    What I'm saying is, it is a good idea to (talk to) your City, County, State and the DMV before you spend a lot of money on building a Motorized Bicycle, unless you intend on selling it, or paying the ticket and having it impounded.
     
  14. Norco John

    Norco John New Member

    Joined:
    May 26, 2009
    Messages:
    87
    Likes Received:
    0
    That's a beautiful scoot, Pappy!
     
  15. HoughMade

    HoughMade New Member

    Joined:
    Apr 15, 2008
    Messages:
    624
    Likes Received:
    0
    Whether your local police departments will make an issue out of certain things and enforce state law is a local issue. If your local departments choose not to pursue violations- no problem. However, no Indiana town, city or county can enact ordinances that are less restrictive than state law in a way that overrides state law as to vehicle operation.

    In Indiana - over 50 ccs its a motorcycle- title, registration, plates, MC endorsement required.

    - manual transmission- title, registration, plates, MC endorsement required.

    - designed to exceed 25 mph on level ground- title, registration, plates, MC endorsement required.

    Like I said, if your local people do not enforce these- great, but that is an issue of mercy, not law.

    James "HoughMade, licensed Indiana attorney, partner in law firm, adjunct law professor" Hough
     
    #15 HoughMade, Jul 13, 2009
    Last edited: Jul 13, 2009
  16. jared8783

    jared8783 New Member

    Joined:
    May 13, 2009
    Messages:
    216
    Likes Received:
    0
    Yeah i've checked into it Houghmade is right on
     
  17. thatsdax

    thatsdax Member

    Joined:
    Feb 22, 2008
    Messages:
    869
    Likes Received:
    1
    This may be redundant but, I read your first post about Indiana law on motorized bikes. The one key note to point out and was in all the line items, and that is "transmission". Our motor Assisted bikes, or at least the engines and kits I sell , none of them have transmissions. All the engines and kits I sell are direct drive systems with no transmissions which allow the changing of final drive gear ratios. This is critical. So.. When reading your original posts... I can see that none of them are applicable to my motor assisted bicycle since it has no transmission and therefore does not fall into any of the categories you posted. To me, that means that my bicycle with motor assist in your state is not regulated, and then would fall into the federal law by default. Federal law states that my motor assisted bicycle is not motorized and not a motor vehicle and is still a bicycle. Thanks.. Enjoy the ride..
     
  18. Roadkill

    Roadkill New Member

    Joined:
    Feb 14, 2009
    Messages:
    242
    Likes Received:
    0
    Thanks for the tips Pap.. I was told to get turn signals up norte' here.
     
  19. HoughMade

    HoughMade New Member

    Joined:
    Apr 15, 2008
    Messages:
    624
    Likes Received:
    0

    In Indiana, if you want to claim no transmission....well, let's just say you don't want to do that. It works like this- if it has 2 wheels and an engine, either it is a motorized bicycle or it is a motorcycle. A Motorcycle is defined like this:

    9-13-2-108. Motorcycle.

    "Motorcycle" means a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground. The term does not include a farm tractor or a motorized bicycle."

    Therefore, we want our inventions to be motorized bicycles.

    BTW- "transmission" just means transmitting power- it does not necessarily mean there must be variable ratios. 2 sprockets and a chain are a "transmission"- a roller and a tire are a "transmission". Automatic just means no manual shifting and no shifting is no manual shifting.
     
  20. Roadkill

    Roadkill New Member

    Joined:
    Feb 14, 2009
    Messages:
    242
    Likes Received:
    0
    Any ideas about the laws of the near bankrupt utopia to the west of Indiana? I think it's a roll your dice and they might be-a-nice-ah.

    I have ridden through Chicago a time or two and have seen some cheapo kits buzzing after work. My Robin is noisy.
     

Share This Page