Michigan Moped Laws and How They Differ from Motorcycles, ORVs and Scooters

When it’s warm outside in Michigan, it’s common to see a variety of two- and three-wheeled motorized vehicles as we travel across our roadways. 

And, while mopeds, motorcycles, ORVs and scooters share many features, they also have significant differences. What’s more, there is a different set of laws for each type of vehicle. 

In this post, we’re going to cover the popular form of transportation we all know as mopeds. They’re convenient, not as intimidating as motorcycles, fuel efficient, and they’re a blast to ride whether you’re on vacation or commuting to work. 

Here’s a guide to important Michigan moped laws and how they differ from those governing other kinds of vehicles.

Defining What a Moped Is Under Michigan Moped Laws

According to Michigan law (MCL 257.32b), a “moped” is a two- or three-wheeled vehicle with the following characteristics: 

• A motor that does not exceed 100 cubic centimeters piston displacement 
• Brake horsepower of 2.0 or less 
• Cannot go faster than 30 miles per hour on a level surface 
• Does not have a manual gear shift 

A vehicle that does not have these features will probably be classified as a scooter or a motorcycle, which are subject to different laws and regulations.  

How Mopeds differ from Motorcycles, ORVs and Scooters

Sometimes it is easiest to understand Michigan moped laws based on how they differ from other similar functioning vehicles.

Scooters: Mopeds or Motorcycles

A scooter may be a moped or a motorcycle under the law depending on its size and potential speed. Scooters capable of speeds greater than 30mph are generally classified as motorcycles. 

According to State Farm:

A common understanding that frequently distinguishes a moped from a scooter is that while a “scooter has the same step-through frame as a moped, they can have a more powerful motor, up to 250cc.” This means that the insurance, licensing, registration, and other laws for powerful scooters technically make your vehicle a motorcycle and you’ll need to abide by those guidelines.

You’ll also need to consult your local regulations when it comes to whether or not your scooter can operate on high speed roadways such as highways and expressways.

Off-Road Vehicles Are Just That: Built to be Off-Road

Your moped differs from an ORV for what are hopefully some obvious reasons. It’s going to be tough to have a good experience driving a moped on rough terrains.

An ORV (off-road vehicle) is any vehicle that can be driven over natural terrain without a designated road or trail. ORVs include all-terrain vehicles (ATVs, four wheelers, gators) such as water-to-land vehicles and utility task vehicles. ORVs, which can have three or four wheels, must be registered with the Michigan Department of Natural Resources (DNR).

Motorcycles

Motorcycles differ from Mopeds and small engine scooters in their speed, size of engine, and gear shift abilities. This substantial size and power require them to have liability insurance with minimum coverage amounts of $50,000/$100,000.  Insurance is not required for mopeds, ORVs and scooters.

NOTE: Modifying Your Moped to Go Faster Than 30mph

In Michigan, you do not need insurance for a moped. However, if you modify a moped so its speed can exceed 30mph, it is considered a motorcycle. 

Michigan Helmet Laws for Motorcycles, Mopeds, Scooters and ORVs

A lot of people seem interested in helmet laws, today. The following should help you protect your head and stay in legal compliance for whichever vehicle you’re driving.

Motorcycle Helmet Laws

Motorcyclists and passengers 21 or older may ride without a helmet in Michigan. However, they are required to have at least $20,000 in first-party medical benefits. In addition, motorcycle operators must have held a motorcycle endorsement for at least two years or have passed an approved motorcycle safety course. 

Motorcycle operators and passengers under 21 years old must wear an approved helmet.  

For more information, see our detailed post about motorcycle helmet laws.

Mopeds

Those 18 years old and younger must wear an approved helmet while riding a moped on a public road.

ORVs

With a few limited exceptions, all ORV operators and passengers must wear an approved helmet and protective eyewear. 

Scooters

Scooter riders must comply with the helmet laws for its vehicle classification. For example, a scooter that is able to travel at 30mph or faster is usually classified as a motorcycle. Therefore, the rider would have to follow Michigan motorcycle helmet law. If the scooter is classified as a moped (speed capacity does not exceed 30mph), the rider is subject to the moped helmet law.

Equipment Required for a Moped

According to the Michigan Vehicle Code, a moped must be equipped with the following:

• Headlight mounted 24-54 in. from the ground, powerful enough to illuminate objects at least 100 feet ahead
• Brakes on both wheels
• Horn that is audible from at least 200 feet away
• Tail light
• Brake light
• Muffler (not required for electric-powered mopeds)
• Rear view mirror
• Permanently mounted seat
• Handlebars no higher than 15 in. from the lowest point of the seat to the highest point of the hand grips

Frequently Asked Questions About Michigan Moped Laws

Below are some common questions about registering and legally operating a moped on Michigan roads. For more information, please consult the state of Michigan website and resources to make sure you have the most up to date information.

Do you have to register a moped with the Michigan Secretary of State? 

Yes. Unless you plan to operate a moped only on private property, it must be registered with the Secretary of State. Upon registration, you will be issued a three-year decal that must be displayed on the back of the moped.

Do you need insurance for a moped?

No. Liability insurance is not required for mopeds. Nevertheless, you may want to make sure your moped is insured under your homeowners or renters policy in case it is stolen or damaged. 

However, a moped that has been modified to travel at speeds faster than 30mph is considered a motorcycle under Michigan law. And, as such, the owner is required to purchase mandatory liability insurance. Under the new No-Fault law that took effect July 1, 2020, the insurance minimums increased from $20,000 per person and $40,000 per accident to $50,000 per person and $100,000 per accident. 

Do you need a special license to operate a moped in Michigan?

You can operate a moped if you have a valid driver’s or chauffeur’s license. If not, and you are at least 15 years old, you can apply for a moped license. Applicants must pass a vision test as well as general knowledge and traffic sign tests. If you obtain a Michigan driver’s or chauffeur’s license, you will have to forfeit your moped license.

Is there a minimum age for driving a moped in Michigan?

You have to be at least 15 years of age to operate a moped according to Michigan moped laws. Those who do not have a valid driver’s or chauffeur’s license are eligible to apply for a moped license. In addition, if you are under 18, your application must be signed by a parent or guardian.

Do you need a title for a moped in Michigan?

No, Michigan law does not require titles for mopeds. 

Other Important Michigan Moped Laws to Keep in Mind

• Mopeds are not allowed on bike paths or sidewalks
• A moped cannot carry more than one person
• No more than two mopeds may ride abreast of one another  
• Drivers must use turn signals and follow the same traffic rules as motorcycles and passenger vehicles such as cars and trucks
• Mopeds are not allowed to ride between traffic lanes (lane splitting), even if the vehicles are stopped or moving slowly

Experience a Moped Accident? Call the Sam Bernstein Law Firm

Our entire legal team is well-versed in the complexities of Michigan moped laws and motorcycle accident law. We know what it takes to win your case, and we are ready to fight for the compensation you deserve.

Accident law is complicated, but finding the right moped, bicycle, or motorcycle injury attorney is simple. 

Call 1-800-CALL-SAM today for a free, remote no-obligation consultation from the safety of your home.