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MOTORIZED SCOOTERS - Legal or Not? NOT
According to our community police officer - Officer Jessup and the City/County Police Attorney.
A question that is frequently encountered is how to treat motorized scooters for enforcement purposes. The scooters, which may be gas or electric-powered, are often purchased by parents with the expectation that their children can legally operate the scooters on the street. That is not the case.
Motorized scooters qualify as mopeds under the statutory definition and should be treated as such. G.S. 105-164.3 defines a moped as a vehicle that has two or three wheels, no external shifting device, and a motor that does not exceed 50 cubic centimeters piston displacement and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface.
Under G.S. 20-10.1, persons under 16 years of age are prohibited from operating a moped on public streets and public vehicular areas. A violation of the statute is a Class 2 misdemeanor. However, officers should keep in mind that violators must be charged as juveniles.
Mopeds do not have to be registered, inspected or insured, and persons 16 years of age and older are not required to be licensed in order to operate them. However, G.S. 20-140.4 requires that the operator and any passengers wear safety helmets. Violation of the statute is an infraction and is punishable by a $25.00 fine and $50.00 court costs. The operator of the moped should be charged even if it is the passenger who is not wearing a helmet.
NEW CITY CODE PROVISION - OPERATING A VEHICLE ON THE SIDEWALK
On August 23, 2004, the City Council amended the City Code to add a new provision (Section 14-130) that prohibits the operation of vehicles on sidewalks within the city limits. State law (G.S. 20-160) only prohibits the operation of motor vehicles on sidewalks.
The primary effect of the new ordinance is to prohibit mopeds/razor scooters (which by definition are "vehicles," but not "motor vehicles") from being operated on the sidewalks. A violation of the ordinance can be enforced by issuing a uniform citation for an infraction (waivable on payment of a $10.00 fine and the costs of court) or by issuing a parking ticket with a fine of $25.00 (the parking ticket should be completed as follows: 20. X OTHER C.O. 14-130 - Vehicle on Sidewalk__ $25.00.)
The charging language for the infraction is as follows:
"Operate a vehicle on a sidewalk in violation of Section 14-130
of the City Code of Charlotte, NC. This offense having occurred within
the corporate limits of the City of Charlotte." (strike: "operate
a (motor) vehicle on a (street or highway)(public vehicular area)")
Please note that if an officer wishes to charge a juvenile (under the age of 16) with a violation of the ordinance, the charge must be pursued in juvenile court. Also, there is an exception in the ordinance for non-motorized bicycles, which are permitted on city sidewalks except in the congested business district.
Officer Wesley B. Jessup
Charlotte Mecklenburg Police
North Division/Beat 11
Community Coordinator
Office# 704-548-8753
Pager# 704-514-4253
Email: wjessup@cmpd.org