Why are they so confusing?! — Florida Scooter Laws
By Denise Carino
Confused as to exactly what the scooter laws are in Florida? You’re not alone!! Here in Gainesville, we see UFPD pulling over scooter drivers left and right on the daily — but what exactly are they pulling us over for?
I’m gonna be honest, there is so much gray area around these laws. This is especially because motorcycle and scooter laws are sometimes lumped together, but it’s the scooter laws that are most ambiguous and outdated. The law is not always so straightforward and there are so many different elements that may go into increasing your chances of being pulled over by UFPD.
According to Matthew Dolan, a personal injury lawyer,
Motor scooters are not defined specifically in sections 319 or 320 of the Florida Statutes and are therefore considered motorcycles. They are subject to the same registration [laws]… and require a license to operate. Due to the fact that most motor scooters are less than 50cc in engine displacement and travel at a maximum speed of less than 30 MPH, a motorcycle endorsement is not required for their operation.
So technically, scooters are in a different classification from motorcycles because most of them are under 50cc.
However, there are still laws that adhere to both motorcycles and scooters that you need to be aware of. For one, it needs to be registered with the state (which we already do for you when you purchase a scooter here at NS4L).
You must also be at least 16 years old with a drivers license to operate a scooter.
Most of you college students here in Gainesville fulfill this requirement, but it’s still an important law.
In regards to eyewear, it must ALWAYS be worn.
Many people have definitely been pulled over even if they were wearing a helmet because they didn’t have any protective eyewear on. If you already wear glasses, then you don’t even have to worry about this requirement. For those who aren’t visually impaired like I am, sunglasses are perfect for the daytime and make you look 500x cooler while riding your scooter. However, at night, you probably shouldn’t wear sunglasses because they make it too hard to see. You may need to buy a pair of clear fake glasses (we sell some here at NS4L!). Some students even use their lab goggles while scooting at night! Wearing eye gear at all times protects you from any twigs or bugs that may fly in your eye while you’re scooting, plus strong winds that can cause eye discomfort — these factors may impede you from being able to see (a very critical part of being able to drive a scooter).
Finally, the one thing most people are concerned about when it comes to scooter safety: HELMETS!!
This may be shocking to hear but, helmets are not technically required for any scooter drivers.
As long as your scooter is under 50cc, 2 brake horsepower or less, and does not exceed 30mph on level ground, no helmet is required. Even if you are under 21, helmets are not required. Only passengers under 16 years old are required to wear helmets.
Hold your horses, now. Just because the law doesn’t require you to wear a helmet, doesn’t mean you can quite get away with not wearing one. This is where all the gray area comes into play. Remember how I said that your scooter can’t exceed 30mph on level ground? Well most scooters can go over 30mph — an average scooter can probably go up to 40mph max. If you are exceeding this 30 mph speed, you can still be pulled over. You probably will be pulled over for speeding if you are on campus anyway because the speed limit all over UF is 20 mph. If they catch you above this speed, you can still get a ticket for not wearing a helmet.
Also, justifying not wearing a helmet because it isn’t illegal is still not the right mindset to have purely because of safety reasons. I myself got in a scooter accident just about a month ago (which I wrote an article about here) and everyday I am thankful I was actually wearing a helmet. My injuries were bad enough, and I can’t imagine how much worse they could’ve been if I hadn’t worn a helmet. I’ve heard of people getting staples and stitches in the back of their heads just because they weren’t wearing one, and there are more than enough tragic fatal scooter accidents to persuade you to wear a helmet. You think an accident won’t happen to you until it actually does. The risk of injury when not wearing a helmet greatly outweighs the extra effort to put one on, so we sincerely recommend that you still wear them at all times.
Overall, scooter laws and just laws in general can be very confusing and interpreted in different ways by different people. One day, you may pass a lenient police officer who won’t catch you and doesn’t interpret the laws so strictly but another day you may pass a police officer that follows every Florida law down to the T. Therefore, your best bet in ensuring you don’t get a ticket and most importantly, ensuring your safety is by always taking all the safety precautions you can every time you get on your scooter. It never hurts you to be safe!!
Denise Carino is a Finance Major at the University of Florida with a minor in Real Estate. She is currently NS4L’s Marketing Intern and has been loving every second of it. She’s very passionate about Instagram, retweeting funny memes on Twitter, Disney, buying cute clothes, watching Parks and Rec on repeat, and RIP Harambe jokes.
