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This material was submitted by
Otto Schuster
2000-02-26
Virginia State Moped Laws

Overview of Code of Virginia
Moped Laws ( by oschuster@earthlink.net 2000-02-26)
Definition
of "
Moped " :
"Moped " means a conveyance that is either:
1. a bicycle-like device with pedals and a helper motor which is
rated at no more than two brake horsepower and which produces speeds up to
a maximum of thirty miles per hour or
2. a motorcycle with an engine displacement of 50 cubic centimeters
or less and a maximum speed of less than thirty miles per hour.


A "Moped " is a "Vehicle," but it isn't a "Motor Vehicle" or a "Motorcycle."


Age:
16
Speed:
30mph (48kph) maximum
Lights:
front:
a white light which shall be visible in clear weather from a
distance of at least 500 feet to the front
rear:
a red reflector on the rear of a type approved and visible in
clear weather from fifty feet to 300 feet to the rear when directly in
front of lawful high beams of head lights on a motor vehicle. A red light
visible in clear weather for 500 feet to the rear may be used in lieu of
or in addition to the red reflector.
Brakes:
must be equipped with a brake which will enable the operator to
make the braked wheels skid on dry, level, clean pavement.
Okay to ride a moped while driver's license is revoked or suspended; § 46.2-301
Local authorities may require licensing of mopeds . § 15.2-1719
County, city, or town ordinance may require helmets, faceshields,
goggles, safety glasses, or windshields with knowing violations punishable by
a maximum fine of $50. § 46.2-915.2




Code of Virginia Search Results for "Moped [s]
"
§ 15.2-1719
Disposal of unclaimed property in possession of sheriff or police

Any locality may provide by ordinance for
(i) the public sale in accordance with the provisions of this section or
(ii) the retention for use by the law-enforcement agency of any
unclaimed personal property which has been in
the possession of its law-enforcement agencies and unclaimed for a period of
more than sixty days. As used herein, "unclaimed personal property" shall be
any personal property belonging to another which has been acquired by a law-enforcement
officer pursuant to his duties, which is not needed in any
criminal prosecution, which has not been claimed by its rightful owner and which
the State Treasurer has indicated will be declined if remitted under the
Uniform Disposition of Unclaimed Property Act (§ 55-210.1 et seq.). Unclaimed
bicycles and mopeds may also be disposed of in accordance with § 15.2-1720.
Unclaimed firearms may also be disposed of in accordance with § 15.2-1721.
§ 15.2-1720

Localities authorized to license bicycles and mopeds ; disposition of
unclaimed bicycles and mopeds

Any locality may, by ordinance,
(i) provide for the public sale or donation to a charitable organization
of any bicycle or moped which has been in the
possession of the police or sheriff's department, unclaimed, for more than thirty
days; (ii) require every resident owner of a bicycle or moped to obtain a
license therefor and a license plate or tag, of such design and material as the
ordinance may prescribe, to be substantially attached to the bicycle or
moped ; (iii) prescribe the license fee, the license application forms and the
license form; and (iv) prescribe penalties for operating a bicycle or moped on
public roads or streets within the locality without an attached license plate
or tag.

The ordinance shall require the license plates or tags to be provided by
and at the cost of the locality. Any locality may provide that the license
plates or tags shall be good for the life of the bicycles and mopeds to which they
are attached or for such other period as it may prescribe and may prescribe
such fee therefor as it may deem reasonable. When any town license is required as
provided for herein, the license shall be in lieu of any license
required by any county ordinance. Any bicycle or moped found and delivered to the police
or sheriff's department by a private person which thereafter remains
unclaimed for thirty days after the final date of publication as required herein may
be given to the finder; however, the location and description of the bicycle or
moped shall be published at least once a week for two successive weeks in a
newspaper of general circulation within the locality. In addition, if there is a
license tag affixed to the bicycle or moped , the record owner shall be notified
directly.
§ 18.2-266
Driving motor vehicle, engine, etc., while intoxicated, etc

It shall be unlawful for any person to drive or operate any motor
vehicle, engine or train
(i) while such person has a blood alcohol concentration
of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters
of breath as indicated by a chemical test administered as provided in this
article,
(ii) while such person is under the influence of alcohol,
(iii) while such person is under the influence of any narcotic drug or any other self-
administered intoxicant or drug of whatsoever nature, or any combination
of such drugs, to a degree which impairs his ability to drive or operate any
motor vehicle, engine or train safely, or
(iv) while such person is under the combined
influence of alcohol and any drug or drugs to a degree which impairs his
ability to drive or operate any motor vehicle, engine or train safely. A charge
alleging a violation of this section shall support a conviction under clauses
(i), (ii), (iii) or (iv).

For the purposes of this section, the term "motor vehicle" includes
mopeds , while operated on the public highways of this Commonwealth.
§ 46.2-100
Definitions

The following words and phrases when used in this title shall, for the
purpose of this title, have the meanings respectively ascribed to them in this
section except in those instances where the context clearly indicates a
different meaning:

"Moped " means a conveyance that is either
(i) a bicycle-like device with
pedals and a helper motor which is rated at no more than two brake horsepower
and which produces speeds up to a maximum of thirty miles per hour or
(ii) a motorcycle with an engine displacement of 50 cubic centimeters or less and a
maximum speed of less than thirty miles per hour.
For purposes of Chapter 8 of this
title, a moped shall be a vehicle while operated on a highway.

"Motor vehicle" means every vehicle as defined in this section which is
self-propelled or designed for self-propulsion except as otherwise provided
in this title. Any structure designed, used, or maintained primarily to be
loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place,
office, or commercial space shall be considered a part of a motor vehicle. For
the purposes of this title, any device herein defined as a bicycle or a
moped shall be deemed not to be a motor vehicle.

"Motorcycle" means every motor vehicle designed to travel on not more
than three wheels in contact with the ground, except any vehicle included within
the term "farm tractor" or "moped " as defined in this section.

"Vehicle" means every device in, on or by which any person or property
is or may be transported or drawn on a highway, except devices moved by human
power or used exclusively on stationary rails or tracks. For the purposes of
Chapter 8 of this title, bicycles and mopeds shall be vehicles while operated on a
highway.
§ 46.2-301
Driving while license, permit, or privilege to drive suspended or
revoked

B. Except as provided in §§ 46.2-304 and 46.2-357, no resident or
nonresident
(i) whose driver's license, learner's permit, or privilege to drive a
motor vehicle has been suspended or revoked or
(ii) who has been directed not to drive
by any court, by the Commissioner, or by operation of law pursuant to
this title or
(iii) who has been forbidden, as prescribed by law, by the
Commissioner, the
State Corporation Commission, the Commonwealth Transportation
Commissioner, any court, or the Superintendent of State Police, to operate a motor vehicle
in the Commonwealth shall thereafter drive any motor vehicle or any
self-propelled machinery or equipment on any highway in the Commonwealth until the
period of such suspension or revocation has terminated. A clerk's notice of
suspension of license for failure to pay fines or costs given in accordance with § 46.2-395 shall be sufficient notice for the purpose of maintaining a conviction
under this section.

For the purposes of this section, the phrase "motor
vehicle or any self-propelled machinery or equipment" shall not include mopeds .
§ 46.2-800
Riding bicycles or mopeds ; riding or driving animals

Every person riding a bicycle, moped or an animal or driving an animal
on a highway shall be subject to the provisions of this chapter and shall
have all of the rights and duties applicable to the driver of a vehicle, unless the
context of the provision clearly indicates otherwise.

The provisions of subsections A and C of § 46.2-920 applicable to
operation of emergency vehicles under emergency conditions shall also apply, mutatis
mutandis, to bicycles and mopeds operated under similar emergency
conditions by law-enforcement officers.
§ 46.2-808
Commonwealth Transportation Board may prohibit certain uses of
controlled access highways; penalty

A. The Commonwealth Transportation Board may, when necessary to promote
safety, prohibit the use of controlled access highways or any part thereof by
any or all of the following:
1. Pedestrians,
2. Persons riding bicycles or mopeds ,
3. Horse-drawn vehicles,
4. Self-propelled machinery or equipment, and
5. Animals led, ridden or driven on the hoof.

B. The termini of any section of controlled access highways, use of
which is restricted under the provisions of this section, shall be clearly
indicated by a conspicuous marker.

C. This section shall not apply to any vehicle or equipment owned or
controlled by the Virginia Department of Transportation, while actually engaged in
the construction, reconstruction, or maintenance of highways or to any
vehicle or equipment for which a permit has been obtained for operation on such
highway.

Any person violating a restriction or prohibition imposed pursuant to
this section shall be guilty of a traffic infraction.
§ 46.2-839
Passing bicycle, moped , animal or animal-drawn vehicle

In approaching or passing a person riding a bicycle, moped , animal or
animal-drawn vehicle, the driver of a motor vehicle shall pass at a safe
distance and at a reasonable speed.
§ 46.2-847
Left turns by bicycles and mopeds

A person riding a bicycle or moped and intending to turn left shall
either follow a course described in § 46.2-846 or make the turn as provided in
this section.

A person riding a bicycle or moped and intending to turn left shall
approach the turn as close as practicable to the right curb or edge of the roadway.
After proceeding across the intersecting roadway, the rider shall comply with
traffic signs or signals and continue his turn as close as practicable to the
right curb or edge of the roadway being entered.

Notwithstanding the foregoing provisions of this section, the
Commonwealth Transportation Board and local authorities, in their respective
jurisdictions, may cause official traffic control devices to be placed at intersections
to direct that a specific course be traveled by turning bicycles and
mopeds . When such devices are so placed, no person shall turn a bicycle or moped
other than as directed by such devices.
§ 46.2-849
How signals given

A. Signals required by § 46.2-848 shall be given by means of the hand
and arm or by some mechanical or electrical device approved by the Superintendent,
in the manner specified in this section. Whenever the signal is given by means
of the hand and arm, the driver shall indicate his intention to start, stop,
turn, or partly turn by extending the hand and arm beyond the left side of the
vehicle in the manner following:
1. For left turn or to pull to the left, the arm shall be extended in a
horizontal position straight from and level with the shoulder; 2. For right turn or to pull to the right, the arm shall be extended
upward; 3. For slowing down or stopping, the arm shall be extended downward.

B. Wherever the lawful speed is more than 35 miles per hour, such
signals shall be given continuously for a distance of at least 100 feet, and in all
other cases at least fifty feet, before slowing down, stopping, turning, or
partly turning.

C. A person riding a bicycle or moped shall signal his intention to
stop, or turn. Such signals, however, need not be given continuously if both
hands are needed in the control or operation of the bicycle or moped .
§ 46.2-856
Passing two vehicles abreast

A person shall be guilty of reckless driving who passes or attempts to
pass two other vehicles abreast, moving in the same direction, except on highways
having separate roadways of three or more lanes for each direction of travel,
or on designated one-way streets or highways. This section shall not apply,
however, to a motor vehicle passing two other vehicles when one or both of such
other vehicles is a bicycle or moped ; nor shall this section apply to a
bicycle or moped passing two other vehicles.
§ 46.2-857
Driving two abreast in a single lane

A person shall be guilty of reckless driving who drives any motor
vehicle, including any motorcycle, so as to be abreast of another vehicle in a
lane designed for one vehicle, or drives any motor vehicle, including any
motorcycle, so as to travel abreast of any other vehicle traveling in a lane
designed for one vehicle. However, this section shall not apply to any validly
authorized parade, motorcade, or motorcycle escort, nor shall it apply to a motor
vehicle traveling in the same lane of traffic as a bicycle or moped .
§ 46.2-905
Riding bicycles and mopeds on roadways and bicycle paths

Any person operating a bicycle or moped on a roadway shall ride as close
as practicable to the right curb or edge of the roadway, except under any
of the following circumstances:
1. When overtaking and passing another vehicle proceeding in the same
direction; 2. When preparing for a left turn at an intersection or into a private
road or driveway; and
3. When reasonably necessary to avoid conditions including, but not
limited to, fixed or moving objects, parked or moving vehicles, pedestrians,
animals, surface hazards, or substandard width lanes that make it unsafe to
continue along the right curb or edge.

For purposes of this section, a "substandard width lane" is a lane too
narrow for a bicycle or moped and another vehicle to pass safely side by side
within the lane.

Persons riding bicycles on a highway shall not ride two or more abreast
except on paths or parts of highways set aside for the exclusive use of
bicycles.

The governing body of any locality may by ordinance provide that
wherever a usable path for bicycles has been provided adjacent to a roadway,
bicycle riders shall use such path and shall not use the roadway.
§ 46.2-906
Carrying articles on bicycles and mopeds

No person operating a bicycle or moped on a highway shall carry any
package, bundle, or article which prevents the driver from keeping at least one
hand on the handlebars.
§ 46.2-907
Overtaking and passing vehicles

A person riding a bicycle or moped may overtake and pass another vehicle
on either the left or right side, staying in the same lane as the overtaken
vehicle, or changing to a different lane, or riding off the roadway as
necessary to pass with safety.

A person riding a bicycle or moped may overtake and pass another vehicle
only under conditions which permit the movement to be made with safety.

A person riding a bicycle or moped shall not travel between two lanes of
traffic moving in the same direction, except where one lane is a separate turn
lane or a mandatory turn lane.

Except as otherwise provided in this section, a person riding a bicycle
or moped shall comply with all rules applicable to the driver of a motor vehicle
when overtaking and passing.
§ 46.2-914
Limitations on operation of mopeds

No moped shall be driven on any highway or public vehicular area
(i) faster than thirty miles per hour or
(ii) by any person under the age of sixteen.
§ 46.2-915
Stickers required on mopeds

Any dealer who sells any moped at retail shall affix to any such moped ,
or verify that there is affixed thereto a permanent decal or sticker which
states
(i) that the operation of mopeds on highways and public vehicular areas
by persons under the age of sixteen is prohibited by Virginia law,
(ii) the maximum horsepower of the moped , and
(iii) the maximum speed at which the moped may be ridden.

Any dealer who sells any such moped which does not have affixed thereto
such a permanent decal or sticker or who sells a motorcycle with such a sticker
or decal attached thereto indicating that its motor is rated at no more
than two brake horsepower producing only ordinary speeds up to a maximum of
thirty miles per hour shall be guilty of a Class 1 misdemeanor.
§ 46.2-915.2

Ordinances providing for certain safety equipment for mopeds ; effect of
violation; penalty

The governing body of any county, city, or town may, by ordinance,
provide that every person operating a moped , as defined in § 46.2-100, on a public
street or highway shall wear a face shield, safety glasses, or goggles of a type
approved by the Superintendent or have his moped equipped with safety glass or a
windshield at all times while operating such vehicle, and operators and
passengers thereon, if any, shall wear protective helmets of a type
approved by the Superintendent. A violation of any such ordinance shall not
constitute negligence, be considered in mitigation of damages of whatever nature,
be admissible in evidence or be the subject of comment by counsel in any
action for the recovery of damages arising out of the operation, ownership, or
maintenance of a moped or motor vehicle, nor shall anything in this section change
any existing law, rule, or procedure pertaining to any such civil action.
Any person who knowingly violates any such ordinance shall be guilty of a traffic
infraction and be subject to a fine of not more than fifty dollars.
§ 46.2-932
Playing on highways; roller skates, skateboards, toys, or other devices
on wheels or runners; persons riding bicycles, mopeds , etc., not to attach
to vehicles

No person shall play on a highway, other than on the sidewalks thereof,
within a city or town or on any part of a highway outside the limits of a city or
town designated by the Commonwealth Transportation Commissioner exclusively
for vehicular travel. No person shall use roller skates, skateboards, toys,
or other devices on wheels or runners, except bicycles, mopeds , and motorcycles,
on highways where play is prohibited. The governing bodies of counties,
cities, and towns may designate areas on highways under their control where play is
permitted and may impose reasonable restrictions on play on such
highways. If the highways have only two traffic lanes, persons using such devices,
except bicycles, mopeds , and motorcycles, shall keep as near as reasonably
possible to the extreme left side or edge of the left traffic lane so that they will
be facing oncoming traffic at all times.

No person riding on any bicycle, moped , roller skates, skateboards,
toys, or other devices on wheels or runners, shall attach the same or himself to
any vehicle on a roadway.
§ 46.2-1015
Lights on bicycles and mopeds

Every bicycle and moped when in use between sunset and sunrise shall be
equipped with a white light on the front which shall be visible in clear weather
from a distance of at least 500 feet to the front and with a red reflector on
the rear. Such reflector shall be of a type approved by the Superintendent and
shall be visible in clear weather from fifty feet to 300 feet to the rear when
directly in front of lawful high beams of head lights on a motor vehicle. A red
light visible in clear weather for 500 feet to the rear may be used in lieu of
or in addition to the red reflector. Such lights and reflector shall be of
types approved by the Superintendent.
§ 46.2-1051
Certain local governments may impose restrictions on operations of
certain mopeds , mini-bikes, trail-bikes, and go-carts

The governing body of any county, city, or town which is located within
the Northern Virginia Planning District may provide by ordinance that no
person shall operate and no owner shall permit the operation of, either on a
highway or on public or private property within 500 feet of any residential
district, any motorcycle, moped , motorized bicycle, motorcycle-like device commonly
known as a trail-bike or mini-bike, or motorized cart commonly known as a go-cart
unless it is equipped with an exhaust system of a type installed as standard
equipment, or comparable to that designed for use on that particular vehicle or device
as standard factory equipment, in good working order and in constant
operation to prevent excessive noise.
§ 46.2-1066
Brakes

Every motor vehicle when driven on a highway shall be equipped with
brakes adequate to control the movements of and to stop and hold such vehicle.
The brakes shall be maintained in good working order and shall conform to
the provisions of this article.

Every bicycle and moped when operated on a highway shall be equipped
with a brake which will enable the operator to make the braked wheels skid on
dry, level, clean pavement.
§ 46.2-1078
Unlawful to operate motor vehicle, moped , or bicycle while using
earphones

It shall be unlawful for any person to operate a motor vehicle, moped ,
or bicycle on the highways in the Commonwealth while using earphones on or
in both ears.

For the purpose of this section, "earphones" shall mean any device worn
on or in both ears which converts electrical energy to sound waves or which
impairs or hinders the person's ability to hear, but shall not include
(i) any prosthetic device which aids the hard of hearing,
(ii) earphones installed in helmets worn by motorcycle operators
and riders and used as part of a communications system, or
(iii) nonprosthetic, closed-ear, open-back, electronic
noise-cancellation devices designed and used to enhance the hearing ability of persons who
operate vehicles in high-noise environments, provided any such device is being
worn by the operator of a vehicle with a gross vehicle weight rating of 26,000
pounds or more. The provisions of this section shall not apply to the driver of
any emergency vehicle as defined in § 46.2-920.
§ 46.2-1993
Definitions

Unless the context otherwise requires, the following words and terms for
the purpose of this chapter shall have the following meanings:

"Motorcycle" means every motor vehicle designed to travel on not more
than three wheels in contact with the ground, except any vehicle included within
the term "farm vehicle" or "moped " as defined in § 46.2-100.
§ 59.1-207.11
Definitions

As used in this chapter, the following terms shall have the following
meanings:

"Motorcycle" means every motor vehicle designed to travel on not more
than three wheels in contact with the ground, except any vehicle included within
the term "farm vehicle" or "moped " as defined in § 46.2-100.


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