217606 Resource 106829 108325 1 1225816676297 1254088704888 Controlled Scooters, Mopeds and Go Peds

Treatment Varies Under California Law

As we become ever more sensitive to miles per gallon, scooter sales have hit the roof.&nbsp; Mini dealerships seem to be everywhere, and the scooters themselves are all around congested cities.<br /><br />Similarly, Mopeds and Go Peds are getting more use than ever before.<br /><br />Of course, careless motorists are making u-turns in front of them, cutting them off by making left hand turns in front of them, and changing lanes into them.<br /><br />Naturally, many of these riders are calling me for help.<br /><br />One question that arises repeatedly is whether or not these vehicles are considered &quot;motor vehicles&quot; in California.<br /><br />This is important, because of California's Proposition 213.&nbsp; For several years, it has been the law that an owner driving a vehicle must have insurance on the car involved in an accident.&nbsp; If they don't have insurance, they cannot get &quot;non-economic&quot; damages, primarily pain and suffering damages.&nbsp; Of course, this makes a huge difference.<br /><br />In 1985, in a case called Farmer's Insurance Exchange v. Galvin, California's First District Court of Appeal held that a Moped is not a motor vehicle.&nbsp; Subsequently, the Vehicle Code was changed to distinguish between pedal driven motorized vehicles that can go over 30 mph, and those that cannot.&nbsp; The slower vehicles are not considered motor vehicles, can be operated by anyone over 16, and can use bike paths.&nbsp; The faster vehicles are treated as any other motor vehicle.<br /><br />Scooters without seats, such as Go Peds, are also not considered motor vehicles, and the rules are similar.<br /><br />Vespa type scooters are considered motor vehicles, and all the rules apply.<br /><br />The DMV classifications are:&nbsp; A motorcycle is 150cc or more and is defined in Vehicle Code Section 400.&nbsp; A &quot;motor driven cycle&quot; is 149 cc or less, and includes small motorcycles and scooters as defined in Vehicle Code Section 405.&nbsp; Motorized bicycles, or Mopeds, can be fully driven using pedals, or if no pedals, electric powered under Vehicle Code 406(s)406(b).&nbsp; A motorized scooter, or Go Ped, is designed with a floorboard for standing under Vehicle Code Section 407.5.<br /><br />Hopefully, this will help clarify the issue.&nbsp; As always, ride safely.<br /> 10 application/xml false "non-ecomonic damages" "Pain and suffering" Accident California Vehicle code change lane cut into Cut off go ped Insurance Insurance Claim Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1; Trident/4.0; .NET CLR 1.0.3705; .NET CLR 1.1.4322; Media Center PC 4.0; .NET CLR 2.0.50727; Zune 3.0; .NET CLR 3.0.4506.2152; .NET CLR 3.5.30729) 127.0.0.1 127.0.0.1 $Admin 173.160.40.189 false true false false true 201650 false false true false false false true 106829 blog blogsite/MichaelPadway/web