Here are the VIRGINIA laws, all annotations denote the section
of the CODE OF VIRGINIA (§) or the VIRGINIA ADMINSTRATIVE CODE (VAC)
that the law can be found in.
DEFINITIONS:
Virginia does not define a scooter per se, a scooter is either a
motorcycle or it is is a moped. There are no in betweens, no
ifs, ands, or buts.
A "Motorcycle" is any two-wheeled vehicle (§ 46.2-100). Except
when it's a moped.
A "Moped" is any vehicle that has an engine size of 50cc or
less, produces no more than 2 bhp, and can travel not more than
30 mph (§ 46.2-100), the pedal restriction was removed in 1998.
If you have derestricted your bike so that it goes faster than
30 mph, it is a motorcycle (§ 46.2-914).
If your dealer has derestricted your bike and told you it is
still a moped, then THEY ARE LYING. I know at least three local
dealers who have done this. One dealer in Leesburg was given
thousands of dollars in fines as a result.
DRIVERS LICENSE:
You must have a driver's license with an M-class endorsement to
drive a motorcycle (§ 46.2-337). It is a $300 fine, and you may
be arrested if you drive a motorcycle without the proper
motorcycle license in Virginia, this is the same penalty as
driving a car without a license. Anyone 15 1/2 or older may get
a motorcycle learner's permit. Anyone who is 16 years old or
older, who has held a motorcycle learner's permit for a minimum
of 30 days may get a full motorcycle license.
Virginia offers Motorcycle Safety Foundation courses for both
beginner's and advanced riders. Successful completion of the
beginner's class may be used in place of the driver's license
road test. The MSF provides small motorcycles for the beginner's
class. You do not need to know how to ride before taking the
beginner's class (though having a clue helps). The Advanced
class is available to riders with at least 5,000 miles of
experience. You may ride your own (inspected,
Virginia-registered) scooter in this course. For more info on
MSF classes call 888-826-7584 or visit http://www.Learn2Ride.com
Keep in mind that classes fill up at least six months in
advance, so plan early (or be willing to travel to less
congested southern Virginia) if you wish to take one of these
courses.
You do not have to have a driver's license to ride a moped (§
46.2 100
& § 46.2-300). Thus drunks who have had their licenses revoked,
may ride mopeds in Virginia. However you must be at least 16
years old to ride a moped (§ 46.2-914).
REGISTRATION:
All motorcycles in Virginia must have a title and display a
license plate (§ 46.2-613-1). Motorcycles over 25 years old may
display antique historic plates.
Mopeds do not by state law require a license plate. However each
moped is require to display a permanent decal or sticker which
states "its motor is rated at no more than two brake horsepower
producing only ordinary speeds up to a maximum of thirty
five miles per hour" (§ 46.2-915). And each city and county in
Virginia may decide on its own to require license plates on
mopeds (§ 15.2-1720).
INSURANCE:
All motorcycles are required to either carry a liability
insurance policy or they are required to pay to state uninsured
vehicle fee (§ 46.2-707).
Mopeds do not require insurance.
INSPECTION:
Motorcycles must pass an annual vehicle safety inspection (§
46.2-1157) unless the motorcycle has historic plates.
Motorcycles do not require emissions inspection. The inspection
sticker must be displayed on the left front fork
(19VAC30-70-50), yes I know, classic Vespas have no left fork.
Mopeds do not require inspection.
HELMETS:
Motorcyclists must wear helmets and eye protection (§ 46.2-910)
unless they are riding in a parade.
Moped riders do not need a helmet or eye protection.
OPERATION:
Motorcycles are subject to all highway laws of the state of
Virginia. However, motorcycles may use HOV/Car Pool lanes with
only one rider (§ 33.1-46.2). Bikes with historic plates may not
be used for commuting to work (46.2-730).
A moped is a vehicle subject to all highway laws of the state of
Virginia (§ 46.2-800). You may only ride a moped in the right
lane (§ 46.2-905).
PARKING:
As a general rule, all parking regulations are local ordinances
and not state code. However, according to the Virginia
Administrative Code, regulation 8VAC105-10-520 Parking
enforcement: "Mopeds may be parked only at bicycle parking
racks. Motorcycles may not be parked in
bicycle racks." If you park your bike on a sidewalk and it gets
towed...
FREEWAYS:
Any motorcycle that can safely keep up with traffic is allowed
on a freeway or interstate.
Mopeds are not allowed on freeways.
Those are the laws. Whether the police choose to enforce them or
you choose to obey them is a different story. If you don't like
the laws fine. Act on everything you learned in your high school
civics class. Write your councilmembers, delegates, senators,
and representatives
and ask to change the laws.