Indiana Scooter Owners Face New Requirements

By Jeff LaFave, Herald-Times, Bloomington, Ind.

Oct. 27--The state of Indiana has no idea how many Hoosiers ride scooters.

Not yet, at least.

Starting on Jan. 1, 2015, the Indiana Bureau of Motor Vehicles will require all scooters and mopeds -- soon to be classified as "motor-driven cycles," or MDCs -- to be registered with the state for the first time. Depending on the vehicle's engine displacement size, owners may have to buy auto insurance, pass a motorcycle skills test and pay a registration fee to stay legal on public streets.

The BMV expects both MDC users and automobile drivers to be familiar with the new laws, and anticipates its branches will be ready for the new categories when the bureau reopens Jan. 2 after a holiday break.

"This isn't something we've been tracking over the years," said Josh Gillespie, the BMV's director of communications. "We just know that we will be prepared."

Last Wednesday, the Indiana BMV launched an introductory video on its website detailing the upcoming requirements. Essentially, MDCs will be classified based on whether the engine displacement size is above 50 cubic centimeters (MDC-A), or 50cc and smaller (MDC-B).

The laws for both categories are laid out clearly: All scooter and moped riders will be required to wear a helmet if younger than 18 years old. No riding on the sidewalk.

The speed limit for MDCs will increase from 25 to 35 mph, but headlamps must be illuminated while operating the vehicle at any time.

Passengers cannot hitch a ride if there's not a designated seat for them, and all such vehicles must travel as far to the right as possible unless passing. Personal assistive mobility devices are not included, and motorcycles will continue to be their own class.

Since MDC-A's are by nature larger and more powerful, their operators will need a valid driver's license, an MDC-A restriction and insurance, and must pass a motorcycle skills test to be legal.

"Right now, there's a lot of people driving 125cc and 150cc scooters on the road, many without license plates," said Brian Wickersham, manager of Wick's Wheels, a scooter and moped shop at 1210 S. Walnut St. "You'll see a lot of people driving these 150cc scooters officially changing over, getting plated and insured."

In fact, Wick's Wheels currently has about 25 temporary licenses on hand, which the store plans to start issuing in mid-December in advance of the new law.

MDC-B drivers will need only an MDC-B restriction added to a state-issued picture ID card after passing a signage test. The BMV estimates that the bulk of the state's scooters fall into this latter, less-powerful category, and their riders make up the majority of Wick's Wheels clients.

"49cc scooters are pretty much our bread and butter," Wickersham said. "We get a lot of students, people who have lost their licenses for whatever reason or who have never had a license. ... We've just been calming them down."

Registration for either class will cost $26.35, plus an excise tax of $10, to officially obtain the state's approval.

Gillespie said law enforcement will be allowed to issue tickets for those without proper registration immediately after the Jan. 1 transition, but he hopes there will be a grace period for those trying to adapt to the law. MDC drivers will be required to display their own blue or red license plate, and will be issued a provisional plate upon registration.

"We can hope that there is a situation, an understanding that people do need time to be able to get the proper credential and registering on their vehicle," Gillespie said in a conference call Wednesday.

Creating a state vehicle registration class for scooters and mopeds is proving rather curious: To prove ownership of an MDC, owners will be required to provide a certificate of title or manufacturer's certificate of origin -- which Gillespie says many owners either misplaced or threw away because they did not seem necessary under the old law.

Wickersham said all vehicles sold through Wick's come with a special packet -- certificate of origin, sales tax form and application for title. That application has everything a MDC owner will need for proper BMV registration come Jan. 2.

Their final option is a legal ownership affidavit, issued after a police inspection and VIN number documentation, which vouches for those who fail to provide a "properly executed certificate of title from a seller."

The BMV said it has faith that the rightful owners of each scooter -- a commodity which is often stolen -- will register their rightful ride.

"In many cases, we're relying on the honesty of the individual," Gillespie said. "With the affidavit statement, that comes under penalty of perjury. ... That's definitely a valid concern."

What shouldn't be lost in the rollout of guidelines, ranging from engine size to brake type, is that Hoosiers with drunken-driving offenses on their record still will be able to register for an MDC-B restriction, which does not require insurance, to be added to any state-issued photo ID.

State Rep. David A. Wolkins, who spearheaded the new moped and scooter legislation in the General Assembly, said he kept those with DUIs in mind as the bill was crafted.

"Should the DUI guys be allowed or not? I'm of the opinion they should be, because they have got to get to work," Wolkins said. "They need to have some mode of transportation without insurance, because they simply cannot get insurance.

"The motivation was to make these guys legal and to know who's out there, and that's why we did the legislation with two separate levels. Because a majority of them out there, at least in the wintertime, are the DUI guys."

Wickersham doesn't entirely agree with the last part of that statement.

"I find a mix," he said. "There are lot of people where, sure, this is their only mode of transportation, where they lost their license. Personally, I love driving my scooter in all weather that I can. There are still some enthusiasts that will go riding in all weather.

"There's nothing like a crisp winter morning."

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