Do I Need a License for a Moped in Texas?

A moped is an alternative to a traditional motor vehicle or motorcycle. Mopeds are especially popular in metropolitan areas and college towns in Texas. Mopeds have similar designs to motorcycles, except that they usually have three wheels instead of two and cannot travel as fast. Many of the same laws apply to mopeds as motorcycles in Texas. Learn the laws that might apply to you before heading out on a moped.

Definition of a Moped

Many operators have some confusion as to whether their vehicles are technically mopeds, motorized scooters or motorcycles under Texas state law. It is important to recognize the difference, so you know which rules to follow. Texas Transportation Code section 541.201(8) defines a moped as a motor vehicle designed with a seat or saddle, no more than three wheels, and an engine that cannot produce more than five-brake horsepower and has a piston displacement of no more than 50 ccs (if an internal combustion engine). Mopeds cannot reach speeds greater than 30 miles per hour in one mile.

The key difference between a moped and a motorcycle is the power of the engine. A motorcycle is also a vehicle with no more than three wheels on the ground and a rider’s saddle. Texas’ definition of a motorcycle, however, does not include the restrictions on horsepower or speed as found in its definition of a moped. If your vehicle can reach over 30 miles per hour in one mile or exceeds the other maximums in the state’s definition of a moped, it is legally a motorcycle.

Yes, You Need a License

Texas has a Certified Moped List that provides the names and model numbers of hundreds of vehicles that qualify as mopeds under state law. If your vehicle is on this list, you cannot operate the moped until you have acquired a Class C driver’s license. This is the basic type of driver’s license in Texas. You must be at least 16 years old and pass all required tests to obtain a Class C license. Only then may you operate your moped.

You might need a special type of license, a motorcycle endorsed license (Class M), if your moped is not on the Texas Certified Moped List. If you technically have a motorized scooter, for example, and it is not on the Certified Moped List, you may need a motorcycle license instead of a Class C license to operate. If you are under the age of 18, you may qualify for a restricted motorcycle license instead.

You also need a title and registration for your moped, as well as adequate auto insurance under section 601.072 of the law. You must carry at least $30,000 in bodily injury liability insurance for the injury or death of one person, $60,000 in injury insurance for all persons in one accident, and $25,000 in property damage liability coverage to lawfully operate a moped.

Other Texas Moped Laws

Under Texas Transportation Code 661.001-661.004, you have to wear a helmet while operating or riding as a passenger under the age of 21 on a moped on a public road. Breaking this rule is punishable with a fine of $10 to $50 per offense. If you are over 21, have the proper insurance and have passed a safety course, you are exempt from Texas’ mandatory helmet law. If you ride your moped between dusk and dawn, you must use a visible headlamp. Your moped must have working brakes at all times.

Mopeds must obey all the same traffic laws as traditional motor vehicles. When operating a moped, you must ride in the same direction as the general flow of traffic. If you are moving slower than surrounding vehicles, stay as far to the right-hand side of the lane as is safely possible, except when making a left turn or avoiding hazards. Indicate your intent to switch lanes or turn using turn signals or hand signals. You may not allow a bicyclist, skateboarder, roller-skater or anyone else to hitch onto your moped while driving. You must obey all speed limits, traffic signs and applicable roadway rules on a moped in Texas. Speak with our Houston personal injury lawyers today at (800) 773-6770.