Motorcycle, Motor Scooter and Motorized Scooter

Fact Sheet

Definitions for Titling and Registration of Vehicles

320.01(1)(a) "Motor Vehicle" means:

(1)

(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicle as run only upon a track, bicycles, or mopeds.

320.01(27) "Motorcycle" means:

(27)…any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped.

320.01(28) "Moped" means:

(28)…any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground, and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.

 

Definition of a Motor Vehicle Dealer in the Dealer License Statute:

320.27(1)(b) Motor Vehicle Dealer License definition, "Motor Vehicle" means:

(b)…any motor vehicle of the type and kind required to be registered and titled under chapter 319 and this chapter, except a recreational vehicle, moped, motorcycle powered by a motor with a displacement of 50 cubic centimeters or less, or mobile home.

 

Definition for a Distributor, Importer and Manufacturer:

320.60 (11)(a)"Motor vehicle dealer" means any person, firm, company, corporation, or other entity, who,

  1. Is licensed pursuant to s. 320.27 as a "franchised motor vehicle dealer" and, for commission, money, or other things of value, repairs or services motor vehicles or used motor vehicles pursuant to an agreement as defined in subsection (1), or
  2. Who sells, exchanges, buys, leases or rents, or offers, or attempts to negotiate a sale or exchange of any interest in, motor vehicles, or
  3. Who is engaged wholly or in part in the business of selling motor vehicles, whether or not such motor vehicles are owned by such person, firm, company, or corporation.

320.60(5) "Distributor" means:

(5)…a person, resident or nonresident, who, in whole or in part, sells or distributes motor vehicles to motor vehicle dealers or who maintains distributor representatives.

320.60(7) "Importer" means:

(7)…any person who imports vehicles from a foreign country into the United States or into this state for the purpose of sale or lease.

320.60(9) "Manufacturer" means:

(9)…any person, whether a resident or nonresident of this state, who manufactures or assembles motor vehicles or who manufactures or installs on previously assembled truck chassis special bodies or equipment which, when installed, form an integral part of the motor vehicle and which constitute a major manufacturing alteration. The term "manufacturer" includes a central or principal sales corporation or other entity through which, by contractual agreement or otherwise, it distributes its products.

320.61(1) Licenses required of Motor Vehicle Manufacturers, Distributors and Importers:

  1. No manufacturer, factory branch, distributor, or importer (all sometimes referred to hereinafter as "licensee") shall engage in business in this state without a license therefor as provided in ss.320.60-320.70. No motor vehicle, foreign or domestic, may be sold, leased, or offered for sale or lease in this state unless the manufacturer, importer, or distributor of such motor vehicle, which issues an agreement to a motor vehicle dealer in this state, is licensed under ss. 320.60-320.70.

 

Definitions for Driver Licenses

322.01(25) "Motorcycle" means:

A motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or moped.

 

322.01(17) "Endorsement" means:

A special authorization which permits a driver to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.

322.03(4) Drivers must be licensed; penalties:

(4) A person may not operate a motorcycle unless he or she holds a driver’s license that authorizes such operation, subject to the appropriate restrictions and endorsements.

Definitions of Motorcycles, Motorized Scooters and Mopeds used by Law Enforcement.

316.003(22) "Motorcycle" means:

Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped.

316.003(82) "Motorized Scooter" means:

Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more that three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground.

NOTE: These scooters are not allowed to be operated on the roadways of this state, or on sidewalks.

316.003(77) "Moped" means:

Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels; with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed grater than 30 miles per hour on level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.

Exhibit "A"

MOTORIZED SCOOTER

This type scooter cannot be titled or registered in this state, and cannot be operated on the roadways or sidewalks of this state.

Please note NO seat or saddle

 

Exhibit "B"

MOTOR SCOOTER

This type vehicle must be titled and registered to operate on the roadways of this state.

Mini/Scooters

Mini/Motor Scooters

Mini/Motorcycle

Please note these vehicles have a seat or saddle

Exhibit "C"

MOTORCYCLE

Title and Registration REQUIRED. Vehicle can be operated on the roadways of this state.

 

Exhibit "D"

MOPED

Registration is REQUIRED, NO Title is required. This vehicle can be operated on the roadways of this state.

 

 

Can not have electric start

Please note pedals

 

 

 

320.02(1) Registration Required:

(1) Except as otherwise provided in this chapter, every owner or person in charge of a motor vehicle which is operated or driven on the roads of this state shall register the vehicle in this state. The owner or person in charge shall apply to the department or to its authorized agent for registration of each such vehicle on a form prescribed by the department. No registration is required for any motor vehicle which is not operated on the roads of this state during the registration period.

319.21(1) Necessity of manufacturer’s statement of origin and certificate of title:

(1) No manufacturer, distributor, licensed dealer, or other person shall sell or otherwise dispose of a new motor vehicle or a new mobile home to a distributor, licensed dealer, or other person without delivering to such distributor, licensed dealer, or other person a manufacturer’s statement of origin duly executed and with such assignments thereon as may be necessary to show title in the purchaser thereof, on forms approved by the department; nor shall any distributor, licensed dealer, or other person purchase, acquire, or bring into the state, except for temporary use and not for sale, a new motor vehicle or a new mobile home without obtaining from the seller thereof the manufacturer’s statement of origin. Such statement of origin shall be in the English language. In addition to the assignments stated herein, the manufacturer’s statement of origin shall contain a certification of the identification and description of the motor vehicle or mobile home delivered and the name and address of the distributor, licensed dealer, or other person to whom the motor vehicle or mobile home was originally sold, over the signature of an authorized official of the manufacturer who made the original delivery; however, no statement of origin shall be required for any new motor vehicle or new mobile home purchased from a person other than a manufacturer or a representative of a manufacturer in a state which does not require such statement of origin. Prior to the issuance of a certificate of title for any such new motor vehicle or new mobile home, the holder of any security interest therein may demand and receive from the owner thereof the manufacturer’s statement of origin and may retain it as long as he or she holds the security interest.

FREQUENTLY ASKED QUESTIONS

Question:

Do all motor scooters and mini-motorcycles (Exhibit "B") have to be titled within the State of Florida?

Response:

Motor Scooters are not defined in either Chapter 319 or 320 of the Florida Statutes. However, they fit the definition of a motorcycle as defined in section 320.01(27) Florida Statutes. Since they meet this definition, they must be titled and registered if they are operated or driven upon the roads of this state, per sections 319.21(1) and 320.02(1) Florida Statutes.

Question:

Do manufacturers, distributors and importers of motor scooters or mini-motorcycles (Exhibit "B") have to be licensed with the State of Florida, even though they have a motor with a displacement of less than 50 cubic centimeters?

Response:

Yes, the manufacturer, importer or distributor must be licensed with the Department of Highway Safety and Motor Vehicles as required under section 320.60(1, 5 and 7) Florida Statutes.

Question:

What are the manufacturer’s requirements to import a vehicle?

Response:

Compliance with 49 CFR 551.45:

Question:

How do I apply for a Manufacturer/Importer/Distributor license?

Response:

An application and information packet is available on the department web site at:

http://www.flhsmv.gov/forms/LicensingRequirements.html

Question:

Does each line make have to be shown on the Manufacturer/Importer/Distributor license?

Response:

No, but each line make must be listed on your application for the license. Each line make will appear on the motorcycle list on the department web site at:

http://www.flhsmv.gov/Intranet/DMV/Bulletins/Motorcycle_list.htm

Question:

If an individual or company purchases scooters from the manufacturer and sells them directly to the public, what type of license is needed?

Response:

Distributors license.

Question:

If an individual or company purchases scooters from the manufacturer and sells them to other retailers, what type of license is needed?

Response:

Distributors license.

NOTE: Individuals who purchase scooters for their own personal use directly from a foreign manufacturer who does not have a Manufacturer, Importer or Distributor license in the state of Florida will not be able to title or register the scooter.

Question:

If an individual or company buys scooters from a distributor/importer to retail to the public are they required to be licensed?

Response:

No. Retailers of motor scooters 50cc and less are not required to be licensed. However, the distributor or importer of 50cc or less motor scooters that sold the units to the retailer, must have a valid license to distribute or import motor scooters into the State of Florida.

Question:

How do you determine if a company selling scooters is a distributor or retailer?

Response:

The distributor/importer should be the name that is printed in the bottom right hand corner of the MCO. This is the name that the license should be issued to and it should also be the name that you look for on the approved list. There are some instances where the distributor and the retailer are the same. In those cases, the distributor name will be printed in the bottom right hand corner and in the center of the MCO.

Note: We have seen some MCOs that have the manufacturer's name (who isn't licensed) printed at the top of the MCO and in the bottom right hand corner, with the licensed distributor's name printed in the center of the MCO. If an MCO is submitted that fits this scenario, please fax a copy of the incorrect MCO to the Helpdesk so that the distributor can be contacted and advised of the revisions that need to be made to the MCO. As long as the name in the center of the MCO appears on the approved list, it should not be rejected at this time.

Question:

What documents are required prior to titling and registering new motor scooters or mini-motorcycles (Exhibit "B")?

Response:

Section 319.21 Florida Statutes, states the manufacturer, distributor or no other person may sell or otherwise dispose of a new motor vehicle without delivering a manufacturer’s statement of origin duly executed with such assignments as may be necessary to show title in the purchaser thereof. Such statement of origin shall be in the English language. The manufacturer’s statement of origin shall contain a certification of the identification number and description of the motor vehicle delivered and the name and address of the distributor or other person whom the motor vehicle was originally sold. The manufacturer statement of origin must be on secure paper and must be issued over the signature of an authorized official of the manufacturer.

Note: Manufacturers statement of origin for mini-motorcycles or motor scooters as defined in sections 320.01(27) Florida Statutes, and used as proof, on one of these type vehicles which is not sold by a licensed motor vehicle dealers, must be approved by the Division of Motor Vehicles, Bureau of Field Operations, prior to use.

If you have questions regarding the legality of a manufacturers statement of origin, you should visit the NHTSA web site, or the departmental web site that list approved manufacturers statement of origin, as listed in Technical Advisory T04-02.

Question:

When titling and registering a motorcycle that is 50 cubic centimeters or less, should the body type be entered as MC or MS?

Response:

The vehicle type would be MC and the body type should be entered as MS.

 

 

Question:

If the MCO indicates that the vehicle is a motor driven cycle, the cubic centimeters are greater than 50, but the cycle has pedals, should it be classed as a moped, motorcycle or motor scooter?

Response:

Since the cubic centimeters are over 50, the vehicle type and the body type would be MC. A motor vehicle does not meet the definition of a moped if the displacement of the engine exceeds 50 cubic centimeters, regardless of pedals.

Question:

Are motorcycles that are 50 cubic centimeters or less exempt from odometer disclosure requirements?

Response:

No.

Question:

How do I get on the motorcycle list that the tax collector’s offices are using?

Response:

Once the manufacturer, distributor or importer has complied with all DMV requirements and a license has been issued, the Motorcycle List will be updated to reflect that you have met the requirements.

Question:

Are motor scooters/mini-motorcycles (Exhibit "B") required to have a conforming seventeen (17) digit vehicle identification number (VIN)?

Response:

Yes, the vehicle identification number (VIN), must comply with the requirements of NHTSA, and be seventeen (17) digits.

Question:

Can motor scooters or mini-motorcycles (Exhibit "B") be operated on the streets and roadways of this state without a driver license?

Response:

Since Chapter 322, Florida Statutes, has no definition for motor scooters, 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.

 

 

Question:

Can motorized scooters (Exhibit "A") as defined in section 316.003(82), Florida Statutes, be titled and/or registered in Florida?

Response:

No, motorized scooters (Exhibit "A") cannot be titled or registered in this state, since they do not have a seat or saddle, as required in the definition of a motorcycle under section 320.01(27), Florida Statutes.

Question:

Can motorized scooters (Exhibit "A") as defined in section 316.003(82), Florida Statutes, be operated on the roadways of this state since they cannot be titled or registered?

Response:

No, since they are not titled or registered, they are not allowed to be operated on the roadways or any sidewalk of this state.

Question:

Are you required to wear a helmet and eye protection to ride motorcycles? How about mopeds and scooters (Exhibit "B")?

Response:

Motorcycles: Those 21 and older can ride without a helmet if they carry proof of Personal Injury Protection or proof of health insurance, (such as an employee health insurance card.) The coverage amount must be at least $10,000 to pay for treatment of injuries that may result from a motorcycle crash. Those under 21 operating motorcycles (or riding as a passenger) must wear a Department approved motorcycle helmet without exception. FS 316.211(1)&(2).

Mopeds/Scooters: 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. But, they must be at least 16 years old and hold at least a regular operator license (Class E) or "Motorcycle Only" license. And any passenger under 16 must wear a helmet.

Eye Protection: All persons who operate motorcycles (motorcycle = 51cc or more) must wear eye protection.

Question:

Do motor scooter or mini-motorcycle (powered by a motor of less than 50 cc’s) (Exhibit "B") dealers have to be licensed by the Department of Highway Safety and Motor Vehicles to sell these vehicles?

Response:

No, section 320.27(1)(b) exempts the sell of mopeds and motorcycles powered by a motor with a displacement of 50 cubic centimeters (cc’s) or less.

Question:

I already have an Independent or Franchised motor vehicle dealer license in the state of Florida to sell motorcycles over 50cc, do I need a different license to sell motorcycles that are 50cc and under?

Response:

No. You do not need a separate license, but you must submit an application to add any new line makes to your current license.

Question:

I am licensed to sell motorcycles over 50 cc, is it necessary for my company name to be on the approved motorcycle list?

Response:

No. The approved list applies only to those motorcycles that are 50cc or less. The process for titling and registering motorcycles above 50cc has not changed.

Question:

Are motor scooters or mini-motorcycles (Exhibit "B") allowed to be titled and registered if the Manufacturers Statement of Origin or the vehicle states on it, that the vehicle is manufactured for "Off Highway Use?"

Response:

These vehicles cannot be registered for operation on the roadways of this state, but should be titled as a "Off Highway Motorcycle," as provided for in section 317.006, Florida Statutes, if operated on public lands of this state.

Question:

Are motor scooters or mini-motorcycles (Exhibit "B") required to meet safety requirements outlined by NHTSA, and Chapter 316 of the Florida Statutes?

Response:

Yes, motor scooters and mini-motorcycles are required to meet all safety requirements, required by NHTSA and Chapter 316, Florida Statutes.

Question:

When DHSMV issues a Manufacturer/Importer/Distributor license, does this mean that the scooters I sell have met all the safety requirements to make them street legal?

Response:

No. The department does not inspect motor vehicles prior to issuing a license. It is the manufacturer/importer/distributors responsibility to insure that the scooters comply with all safety standards required by the National Highway Traffic Safety Administration (NHTSA) and Chapter 316, Florida Statutes.

Question:

What are the driver licensing requirements for mopeds, scooters and other two or three wheel motor vehicles?

Response:

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 F.S. 322.03(4). However, to operate them on streets and roadways, you must be at least 16 years old and hold at least a regular operator (Class E) or "Motorcycle Only" driver license. (Reason: 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".) FS 322.03(1), 322.01(26) and 322.05(1).

Question:

Is there a motorized vehicle you can operate without a driver license?

Response:

Yes, if at least 16, you may ride a bicycle with an electric helper-motor that can not go faster than 20 mph on level ground, per 322.03(1), 322.01(26) and 316.003(2).