1)  If the vehicle has a motorcycle plate instead of a moped plate (in
Wisconsin, the later says MOPED on the plate), then they can be
ticketed.  I'm not sure if all states make this differentiaton on the
plate.  I was looking at a Minnesota plate on what I though was a moped
parked at a bike rack recently, but it didn't have any indication of MC
or moped on it.  I would assume parking enforcement could be called.  If
there is no plate (my understanding is that DMV takes at least 4 - 6
weeks to sent out a moped plate and I don't think there is a temporary
available, so someone who bought a moped at the beginning of this
semester might not yet have received their plate from DMV), then you
just have to wait for the plate to be issued.  The operator should be
carrying proof of application for a plate, and the application will say
if it's a moped.  But that doesn't really help with a parking ticket,
since the operator isn't usually there if it's parked.  Looking at the
spedonmeter on the moped/scooter doesn't help.  Speedometers will go
higher than 30 or 40 mph just as most car speedos used to go to 120 mph
or more despite the fact that few cars could actually go that fast, at
least the ones that I drove.  Also, some manufacturers use basically the
same body and instrument panel for mopeds and higher powered scooters
(which would need to be registered as motorcycles unless they have
pedals, see below) that can get up to highway speeds (typically using
same body, etc. for 50 cc mopeds up to about 150 cc engine scooters).

2)  A moped by definition does not have to have pedals if the engine is
50 cc or less.  It only needs pedals by definition if it is 50 - 130 cc
and top speed is 30 mph.  Here is the verbage from Wisconsin State
Statutes 340.01
(29m) "Moped" means any of the following motor vehicles capable of
speeds of not more than 30 miles per hour with a 150-pound rider on a
dry, level, hard surface with no wind, excluding a tractor, a power
source as an integral part of the vehicle and a seat for the operator:
(a) A bicycle-type vehicle with fully operative pedals for propulsion
by human power and an engine certified by the manufacturer at not more
than 130 cubic centimeters or an equivalent power unit.
(b) A Type 1 motorcycle with an automatic transmission and an engine
certified by the manufacturer at not more than 50 cubic centimeters or
an equivalent power unit.

3)  While I'm at it, and before someone asks, here is the law treating
mopeds the same as bicycles for parking purposes.

346.54  How to park and stop on streets. 
(1) (e)  For the purpose of parking, mopeds as defined in s. 340.01
(29m) shall be considered bicycles.  Where possible without impeding the
flow of pedestrian traffic, a bicycle or moped may be parked on a
sidewalk.  A bicycle or moped may be parked in a bike rack or other
similar area designated for bicycle parking.

Arthur Ross
Pedestrian-Bicycle Coordinator
266-6225

>>> "Michael Rewey" <[EMAIL PROTECTED]> 10/9/03 7:52:36 PM >>>
After reading earlier discussion on mopeds, I started looking at the 
ones that park by bike racks.  I noticed two interesting things:

1.  Some that look like mopeds are not licensed as mopeds.

2.  I can't find the pedals for the life of me on a few that are 
licensed as mopeds.

That leads me to ask two questions.  How do you get rid of the 
ones that are not licensed as mopeds?  How do some get licensed 
as mopeds if they don't have pedals?

Any thoughts?

 
          
Michael W. Rewey
5522 Comanche Way
Madison, WI 53704
[EMAIL PROTECTED] 

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