Moped or motorcycle? Legal difference is big

Yes, those little mopeds go far on a gallon of gas. But how fast do they go?

Too fast to be safe, says Philip Bennink of Beaufort.

Not fast enough, says state Rep. Cary Allred of Burlington.

State law limits mopeds to 30 mph on level ground. If they go any faster or their engines are larger than 50 cubic centimeters, they're considered motorcycles.

That's a big little distinction. Mopeds are not subject to most motor vehicle restrictions.

Moped riders must be at least 16 years old, but they need not be licensed. They must wear helmets, but they don't need insurance or license tags.

Mopeds are 50-cc scooters without gear-shifters. They are manufactured with governors -- devices that restrict engine power and limit speeds to about 30 mph.

Allred says the law makes mopeds dangerous by making it hard for riders to keep up with traffic. He has introduced a bill to strike the 30 mph speed limit from the state's definition. That would allow dealers to sell mopeds without governors.

"I've heard from moped riders, and I want them to be able to travel faster so they won't impede traffic," Allred said, "so they won't get run over on a secondary road at night."

Bennink, a retired federal government worker, wants moped riders to slow down.

"I see them speeding down the road a lot, and they're unsafe going as fast as they do," he said. "And I see children driving them."

Gina Fry of Raleigh caught Bennink's attention a couple of weeks ago when she told the Road Worrier her 50-cc scooter can go at least 35 mph on the rolling hills between her West Raleigh home and her downtown office.

It took more than three weeks to burn through her first 1.2-gallon tank of gas. When she filled up, she got change back from her $5.

Then Fry did the mileage math: 94.2 miles per gallon.

The recent surge in gas prices prompted plenty of commuters and retirees to consider a moped for bopping around town. They sell for $1,500 to $2,200, and dealers say they can't meet the new demand.

"A lot of the public mood shift is what I consider a knee-jerk reaction to rush out and get something that can get them 100 mpg," said Russel Reed of Performance Honda of Raleigh. "They're not considering the speed differential they're going to have sharing the road with a 4,000-pound car."

Fuel economy isn't the only part of the moped appeal. Another lure is the chance to drive something that does not require insurance or a driver's license.

Sean Living-Water sells motorcycles and mopeds at Scooters Inc. in Carrboro. He warns buyers that the moped governor is not guaranteed to keep them legal.

"I tell people who buy it: If this is going over 30 mph, it's a motorcycle, and that's how the law will treat it," Living-Water said.

Allred owns a motorcycle dealership in Burlington that sells mopeds along with bigger bikes, but he said his legislation is not a matter of self-interest.

"This is not going to help any business I'm affiliated with. I'm looking at this from a safety issue," he said. "There's a lot of people wanting to ride scooters, and there's plenty of demand even without this change."

Talking transit

"Transit: Is Wake County Ready for It?" That's the question for a public forum to be held from 7 to 9:30 p.m. Thursday at the McKimmon Center in West Raleigh.

WakeUP Wake County, a nonprofit group that promotes discussion of growth and development issues, is sponsoring the event. Speakers will include Carol Coletta, president of Chicago-based CEOs for Cities, and Keith Parker, CEO of the Charlotte Area Transit System.

Information is available at 828-3833 or http://wakeupwakecounty.com.