Every so often, someone asks whether a person must have a driver’s license to drive a moped on a public street in this state. The answer is no—provided that the moped satisfies the definition of that term under state law. A moped is defined as “a vehicle that has two or three wheels, no external shifting device, and a motor that does not exceed 50 cubic centimeters piston displacement and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface.” G.S. 20-4.01(27)d1. (incorporating the definition of moped in G.S. 105-164.3). A person who is at least 16 years old who is outfitted with a safety helmet may lawfully drive a moped on the public roadways in North Carolina without having a driver’s license or automobile liability insurance. G.S. 20-7(a1); 20-8(7); 20-140.4. Thus, despite the fact that mopeds are motorized vehicles, they are treated more like bicycles than automobiles for purposes of the state’s motor vehicle laws. See Ben F. Loeb, Jr. and James C. Drennan, Motor Vehicle Law and The Law of Impaired Driving in North Carolina 49 (Institute of Government 2000 ed.). Indeed, a moped is not considered a “motor vehicle” under Chapter 20. G.S. 20-4.01(23). As a result, only the rules of the road that apply to all vehicles (such as the laws prohibiting impaired driving, and requiring that vehicles be driven on the right half of the highway, stop at stop signs, and obey speed limits) govern the operation of mopeds. [...]
Faculty Coordinators
