How 49cc Scooters are Regulated in Indiana: What You Need to Know

How 49cc Scooters are Regarded in Indiana

Scoters that have a maximum engine capacity of 49cc and are not able to travel in excess of 35MPH are considered "motorized bicycles" under the Indiana Code. Because of this classification, motorized bicycles in Indiana are exempt from many of the legal requirements typically withstood by other vehicles such as automobiles and trucks.
Under the Indiana Code, Indiana law provides that individuals who operate a motorized bicycle on a public roadway, any bike path or sidewalk must possess an operator’s permit or driver’s license. Unlike nearly all other states, Indiana’s laws also do not contain any provision that gives law enforcement or other police agencies any authority to impound or impound a scooter that does not have a title. Since 1975, Indiana has exempted scooters and mopeds from all of the provisions relating to titling , registration and the display of license plates as required with all other motor vehicles (exemptions for motorcycles are slightly different).
Indiana Code. Indiana Code Ann. § 9-13-2-98 provides that:
"Motorized Bicycle" means a device that

(1) is designed to be operated by human power, but is equipped with a helper motor;
(2) has two (2) wheels in contact with the ground, of which the wheels in contact with the ground are in tandem, or has three (3) wheels in contact with the ground, of which the wheels in contact with the ground are in a single line and the motor is incapable of propelling the device at a speed of greater than thirty-five (35) miles per hour on level ground;
(3) is equipped with a bicycle seat or saddle for use by the operator; and
(4) is equipped with functioning brakes.

While classed as a "motor vehicle," motorized bicycles do not need to be registered or titled like other motor vehicles. The motorcycles and mopeds statutes do provide that they are not applicable to a motorized bicycle.

License Requirements for Operating 49cc Scooters

In Indiana, the law is a bit more flexible in terms of licensing requirements. As long as the scooter in question has an engine size smaller than 50cc, does not exceed 1.5 brake horsepower, and does not require the use of gears, the operator may ride the scooter without having to follow the same license requirements as motorcycle owners. In effect, for the most part the 49cc scooter laws in Indiana lower the burden on operators by allowing them to forgo obtaining a motorcycle endorsement on their driver’s license. However, the flexibility these laws offer does come at a price: most operators will have to have a standard Indiana driver’s license in order to operate any 49cc scooter or motorcycle legally. There are also specific age requirements if the scooter in question has an engine of 100cc or larger. The final point to remember is that unlike many other states, in Indiana you do not have to register your moped or scooter, regardless of size.

Insurance and Registration Requirements

In Indiana, registration and titling are generally required for all 49cc scooters that will operate on public roads. However, the state has a specific exemption for motorized scooters that have the following features: Should a scooter not qualify under this exemption, registration and titling is required in order to legally operate on public roadways. Although obtaining insurance is always a good idea, it is currently not mandated by the state for any scooter operator. For that reason, finding a scooter insurance policy may prove challenging.

Safety Gear and Regulations

To promote safety, a number of rules apply:
When riding your scooter, you are required to wear a helmet, regardless of age. The helmet must be DOT-approved and should have a label that provides the manufacturer’s name and model name along with certification of having met DOT standards.
A 49cc scooter is required to be registered and titled. However, these scooters are exempt from paying state excise taxes. The minimum insurance on a scooter must provide coverage for $25,000 for bodily injury per person. Riders under the age of 17 must have a motorcycle endorsement/learner’s permit which placed further limits on passengers as minors are not allowed to carry passengers on a motorcycle. There are additional license restrictions if you live in Indianapolis or Marion County.

Traffic Rules and Speed Restrictions

In Indiana, the rules of the road for 49cc scooters are generally consistent with those for other motor vehicles. This means that you will be subject to the same traffic signals and rules of the road as cars, trucks, and other large vehicles.
One important aspect that must be kept in mind is the maximum speed limit. While your scooter may be fitted to address inclines, this could exceed restrictions on the speed limit for roadways in which you may drive. The laws governing these conditions must be strictly adhered to if you wish to avoid consequence from the authorities:

No 49cc scooters are to be driven above the posted maximum speed limit on roadways.
The speed limit for most Indiana residential areas is 30 miles per hour, with stricter limits (not exceeding 20 miles per hour) in school zones when children are present. It’s best to avoid these zones altogether.
Speed limits on Indiana highways generally range from 50 to 70 miles per hour . 50 mph limits should be strictly adhered to, while areas with 55, 60, and 70 mph speed limits will occasionally see heavy enforcement programs designed to catch speeders.

In terms of where you can ride your 49cc scooter, be aware that you cannot operate these vehicles on roads with a 50 mile per hour speed limit or greater. However, some exceptions to this rule are provided in Indiana Code § 9-21-8-7:

First and foremost, it’s critical that you can easily keep pace with other vehicles on roadways.
You must also avoid dangerous conditions, including poor roadways and rain.
If you are directing or controlling a funeral or emergency vehicle, you are permitted to drive your scooter on these faster roadways.
If you are crossing an intersection and there are no other options, you can use 49cc scooters to cross a roadway with a high speed limit.

There are specific areas in which you cannot ride, although they are rare. You cannot drive 49cc scooters on Indianapolis Expressways, as this is specifically prohibited by city ordinance.

Penalties for Violations

The reaction of the law enforcement community to 49cc scooter law violations may be harsh, particularly toward persons with multiple violations. Fines can add up quickly.
Violations and fines:
No motorcycle endorsement on valid driver’s license – $300 fine for first violation; $500 for second in 12 months; $900 for third in 12 months; $1,800 for fourth in 12 months; suspension following an administrative hearing for the fifth in 12 months; a second and third suspension may result only from a court order.
Improper tint – typically resulting in a citation with a $50 fine.
Failure to register within 60 days of purchase date – $75 fine for first offense; Repeat offense: $150 fine.
No motorcycle license plate display – $35 fine for first offense; Repeat offense: $100 fine.
Improper license plate display – $35 fine for first offense; Repeat offense: $100 fine.
No valid 49cc scooter title – $35 fine for first offense; Repeat offense: $100 fine.
Improper modification of scooter exhaust system – $87 fine for first offense; Repeat offense: $175 fine.
Improper window tint – $87 fine for first offense; Repeat offense: $175 fine.
Note: Multiple offenses may result in a collection of fines in a short period of time. In addition, after three civil violations, the court shall prohibit any further operation of a motor scooter during the time specified.
However, violations for not having a motorcycle endorsement in most cases will simply result in ticketed fines and loss of riding privileges until the endorsement is obtained.

Safe Operating Practices

For riders who want to enjoy the benefits of a 49cc scooter in Indiana, several key safety tips can help reduce the chances of injuries or accidents:

Always obtain an Indiana motorcycle license, unless the operator has held a valid license in another state within the past 90 days. This gives riders the necessary knowledge of the rules of the road, while also making sure the rider has the basic skills. An enhanced motorcycle license is even better, as it means you have taken a safety course that includes on-road training and awareness of other vehicles.
It is not required, but it is always a good idea to wear a helmet and other protective gear, including padded jackets, gloves, knee guards and boots that cover the ankle.
Avoid driving too close to other vehicles , especially semis, and stay out of drivers’ blind spots.
Always signal all turns well in advance and remember that cars also use the left lane for passing, not just for merging.
Stay visible – make it a point to stay where you will be seen, not just where you want to be. This means being aware of cars, buses and trucks at all times, keeping an eye open for sudden lane changes and also being careful to give unexpected obstacles like potholes and fallen branches a wide berth.
Avoid drinking alcohol before driving, and be sure you are awake and alert. This includes more than just the basic drunk-theory threshold – the fines for driving a scooter under the influence of any controlled substances, including some prescription medications, can be severe.