Matthew Mincone | July 20, 2025 | Motorcycle Accidents
If you are looking for a cheap and convenient way to get around Tampa, Florida, you’ve probably considered scooters and mopeds. The good news is that Florida law clearly defines mopeds and several different scooter variants. The bad news is that sorting out these differences can be a little tricky.
Before you can choose the right two-wheeled ride to zip around town on, you need to understand the difference between a moped and a scooter. Here’s a quick breakdown.
What Is a Scooter?
In the traditional sense, a scooter is a self-propelled two- or three-wheeled vehicle. This means you push it. Scooters aren’t regulated at all. However, while riding one, you have to follow all of the same basic laws as cyclists.
Motor scooters and motorized scooters are subject to Florida regulations. Here’s where things can get a bit confusing. Florida state statutes don’t have a definition for motor scooters. As a result, they fall under the definition of motorcycles. If you get in a crash on a motor scooter, it may be treated like a motorcycle accident.
Motorized scooters are defined in Florida state statutes. They don’t have a seat or saddle and cannot propel the vehicle faster than 30 mph on level ground. The biggest and most obvious difference is the lack of a seat. You don’t need a license to operate one, and they don’t have to be titled or registered.
You’ll need a valid driver’s license to operate a motor scooter. If the engine has a displacement of more than 5 cc, you’ll also need a motorcycle endorsement.
What Is a Moped?
According to FSS 320.01(27), a moped is any vehicle that:
- Has pedals to permit propulsion by human power
- Is equipped with a saddle or seat
- Is designed to travel on “not more than three wheels”
- Is equipped with a motor that can produce two horsepower or less
- Is not capable of traveling more than 30 mph on level ground
- Has an automatic drive system
If a moped has an internal combustion engine as opposed to a battery-powered motor, the engine must have a displacement of 50 cubic centimeters or less. Mopeds must be registered, but you don’t have to title them.
Moped vs. Motor Scooter: Legal Differences in Florida
Florida law distinguishes mopeds and motor scooters. Mopeds have a seat or saddle and an engine that is 50 cc or smaller. They cannot exceed 30 mph. You have to register them, but you won’t need a motorcycle endorsement.
Motor scooters also have a seat or saddle. However, they can travel over 30 mph. Since they aren’t defined in FSS, they fall under the motorcycle definition. Registration and insurance are mandatory. You may also be required to wear a helmet if you are under 21. If your motor scooter has an engine over 50 cc, you’ll need a motorcycle endorsement, too.
Safety Considerations in Tampa
During a car accident, you will receive some protection from your seat belt, airbags, and the frame of the vehicle. When riding a moped or motor scooter, you have very little protection. Keep these safety factors in mind to reduce your risk of injury:
- Your vehicle will be less visible
- Wearing a helmet can reduce the risk of serious injury
- Alternative transportation may be better during poor weather
In terms of safety, there are pros and cons to both. Since scooters and mopeds both travel faster than self-propelled bikes, the repercussions of a crash can be more severe than a run-of-the-mill bicycle accident.
Which One Is Right for You?
The biggest differences between a moped and a scooter are their engine sizes and whether they have to be titled and insured. Consider these differences so you can choose the best form of two-wheeled transportation for your needs.
If you need advice or have been in a scooter or moped accident, contact Mincone Personal Injury Lawyers to schedule a free consultation with a member of our team.
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About The Author
Attorney Matthew Mincone is the founder of Mincone Personal Injury Lawyers. He earned his law degree while attending night programs in New York and is licensed to practice in Florida. With over 15 years of legal experience, Matthew focuses on personal injury cases, including motor vehicle accidents involving cars, commercial trucks, and motorcycles. His commitment to personally handling each case ensures clients receive dedicated representation. Click here to view some of the remarkable case results that Matthew has successfully achieved.
Location: Tampa, FL