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Car Insurance Question  I got a ticket for not having insurance on my sub 50cc scooter. The officer told me that since I was under 21 I had to have insurance. I was under the impression that I did not need it and this was a motorcycle rule. Was he right in issuing the ticket?

It appears that you reside in Florida so we will give you information concerning FL laws. To find out for certain if the ticket was correct in being issued you will need to call the court listed on the citation to discuss the matter and see if you can fight it in court or if it was improperly issued.

Chapter 322 of Florida Statutes has no definition for motor scooters so they fall under the definition of a motorcycle. Therefore, the operator must have a valid driver license to operate a motor scooter, or motorcycle. However, if the vehicle is powered by a motor with a displacement of more than 50 cubic centimeters, the operator must have a motorcycle endorsement. If 50cc or less, these vehicles are not motorcycles by driver license law definition, FS 322.01 (25), so a motorcycle endorsement is not needed per FS 322.03(4).

If a motor vehicle is 50 cc or less, 2 brake horsepower or less, and can not exceed more than 30 mph on level ground, no helmet is required for the operator. The driver though must be at least 16 years old and hold at least a regular operator license (Class E or "Motorcycle Only" license). This is because even though these vehicles are 50cc or less, they still fall under the driver license law definition of "Motor Vehicles" and a driver license is required to operate a "motor vehicle" according to chapter 322 of Florida Statutes. And any passenger under 16 must wear a helmet.

More definitions we found state that scooters are usually two-wheel motorcycle-type motor vehicles 50 cc or less or 2 brake horsepower or less gas engines that have automatic transmissions. Mopeds also have 50 cc or less engines with two wheels, but have pedals and may be operated solely by human power.

Remember that those under 21 years old must wear a Department approved motorcycle helmet without exception Florida statute (FS) 316.211. All persons who operate motorcycle (motorcycle meaning 51cc or more) must wear eye protection.

Insurance is not required to register motorcycles with 4 wheel motor vehicles (FS 627.733) however if a motorcycle operator is charged in a crash with injuries the owner or owner operator is financially responsible for bodily injuries and property damage to others. If no liability coverage was in effect then bodily injury and property damage liability insurance must be purchased and kept for 3 years (FS chapter 324).

This law does not specifically note sub 50 cc cycles, however I contacted a representative of the FL Highway Safety and Motor Vehicles (HSMV) who stated that motorcycles and scooters are not required to have insurance in Florida. She did say however if you are in an accident where there's bodily injury, then the state's Financial Responsibility (FR) laws (as listed in the above paragraph) apply.

I asked about if you were under 21 and the HSMV said the law did not differentiate whether the operator of the scooter was over or under 21. Thus if you were not in an accident but received a ticket for not being insured then it would appear that you may be able to fight this in court or see if it can be dismissed. You may want to contact the HSMV yourself to get exact information to state to the court regarding FL laws.

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This car insurance question was asked on 7/21/2007
This auto insurance answer was last updated on 7/24/2007
Jon requested this car insurance solution.
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