Session Scoop: SB 309 Mopeds and Motor Scooters

Side-saddle! I knew we forgot
something in the law!

On February 14, the Senate Judicial Proceedings Committee heard testimony on SB 309, which requires all mopeds and motor scooters in Maryland to be properly titled, registered and insured. It also requires the operator to wear a helmet and protective eye wear.

Here are some highlights from the hearing on this bill:

• Maryland Law classifies a scooter or moped as any “vehicle” which has two wheels of 10 or more inches in diameter, and has an engine smaller than 50cc. Anything with an engine larger than 50cc is considered a motorcycle. In a follow up question, a member of the committee described something that sounded like a go-cart and asked what the classification of this vehicle would be. The MVA representative paused for a moment and answered, “…a toy, probably?”

• Drivers who’ve had their licenses suspended will often turn to scooters or mopeds as an alternate means to get around. However, this is illegal. Operators of scooters or mopeds are required to have a valid driver’s license. Unfortunately, this rule is not strictly enforced.

• Since Maryland does not classify motor scooters and mopeds as motor vehicles, victims of accidents caused by these motorized devices are not eligible for coverage by MAIF’s Uninsured Division.

• Our neighboring states of Pennsylvania, Delaware and Virginia, as well as the District of Columbia, each have varying requirements for motor scooters and mopeds to be titled, registered, inspected, and/or insured. Maryland currently requires none of these.

• There seems to be confusion among those who make and those who administer the laws as to the penalty for driving without insurance. During this hearing, one Senator asked whether driving without insurance could result in the driver going to jail for up to a year. The response from the MVA representative was a pensive, “I don’t know if it’s arrestable.” To which several members of the committee answered, very confidently, “It’s arrestable.” According to the MVA’s website, driving without insurance may result in fines, loss of plates, and suspension of registration, but no jail time. It’s providing false evidence of insurance that carries the possibility of a fine up to $1,000 and/or one year imprisonment. One would hope that between the lawmakers and administrators in that room, they might be a little more clear on the penalties for driving without insurance…especially when we estimate that 1-in-4 Maryland drivers is doing just that.