Imagine zipping down a Northwest Indiana street on your new mo-ped -- a mo-ped with a cylinder capacity of less than 50 cubic centimeters but which can reach speeds of more than 25 mph, such as the Yamaha Zuma.
You get stopped by police and the officer impounds the mo-ped, because you don't have registration for it.
You tell the officer you don't need registration according to Indiana law. The officer says you do, because your mo-ped's speed limit tops 25 mph, therefore making it a motorcycle, which requires registration.
Now add the fact that the Indiana Bureau of Motor Vehicles doesn't offer registration for your mo-ped. Confused?
So was Gary resident Benjamin Graves. In December, Graves was pulled over in Highland for what he said police told him was too loud a muffler on his Yamaha Zuma. Although his mo-ped was under 50 cc, police impounded it, because Graves had no registration. Graves sued the city but a judge ruled in Highland's favor.
"It's a loophole because the Yamaha Zuma has a 49 cc engine; however, it goes above 25 mph," Graves said. "The police officer thought he did his job."
Highland police Cmdr. George Georgeff said the current statute has more requirements than just a scooter's being 49 cc; "because it goes over 40 mph, it does need a registration," he said.
Hopefully, a new law that goes into effect Jan. 1 will clarify the issue.
Current Indiana law states a scooter is considered a mo-ped when it is rated at 2 hp or less, and has a capacity less than 50 cc and a designed speed of not greater than 25 mph. Registration is not required. A scooter is considered a motorcycle, which does require registration, when it's more than 50 cc and has a designed speed of greater than 25 mph.
But since many mo-peds can reach speeds greater than 25 mph, police consider them the equivalent of a motorcycle, thus requiring registration.
In February, the Indiana House passed House Bill 1343, which will require operators of all mo-peds, or motorized scooters, to register their vehicle. Until the law goes into effect in January, there's a gray area for such mo-ped riders, because different jurisdictions enforce the law differently, said Mike McIntire, owner of Cycle Sport Yamaha in Hobart.
"I'm glad the law's going to change because it's such a mess now," McIntire said. "If you ask a reserve cop what's the law on mo-peds they don't have a clue. You ask a full-time career cop and only a half or about a third really know what the law is."
Portage Police Chief Troy Williams said he thinks common sense should apply to the situation as much as the law.
"If an officer thought he/she needed to impound it for a specific reason, I wouldn’t have an issue with it," he said. "However, if someone isn’t being reckless, I don’t think it should be a practice to impound since the BMV isn’t offering registration, anyway."
Indiana BMV spokesman Josh Gillespie said the situation is confusing but believes it will be cleared up Jan 1. "We know this is obviously a big education effort," he said. "There will be a big effort on our part."
Gillespie said the BMV plans to update its website soon with information on motor-driven cycles. He also said registration will be required of everyone -- operators who purchase mo-peds after Jan. 1 and current owners of mo-peds.
Gillespie said the new law also should help combat the theft of scooters, because they'll all require registration.
The bill to require registration for all scooters was actually brought to the Indiana House for the last five years by state Rep. Milo Smith, R-Columbus, before it finally passed. Smith said the maximum speed will rise to 35 mph and mo-ped owners still won't need to have insurance, but they will now be required to have a license plate that will be a different color than a motorcycle plate.
"Police officers would then know which ones are over 50 cc and which ones aren't," Smith said.
Smith kept introducing the bill for safety reasons. Many mo-ped owners don't follow traffic laws, he said. Additionally, passengers on mo-peds will no longer be allowed once the law goes into effect. It also places responsibility on dealers and manufacturers who will have to title mo-peds properly.
"This is a good step in making the roads safer," Smith said.