With the warm weather and high cost of gas, many Hoosiers have taken a liking to mopeds, but an outdated law could prove problematic for two-wheeled enthusiasts looking to travel at a decent rate of speed.
An Indiana Supreme Court ruling in a case for a man busted for going 43 mph on a moped upheld the current state law which states a “motorized bicycle,” which mopeds are classified under, cannot have a maximum design speed over 25 mph.
State Representative Milo Smith says the current “motorized bicycle” laws shouldn‘t even apply to mopeds because of the changes in technology since the law was written 40 years ago.
“With the new mopeds, they don‘t have to pedal them. There’s no pedals on them! They‘ve got all this power from new technology and some of them can be boosted up to where they can go up to 60 miles an hour, so they’re nothing short of a small motorcycle,” he exclaimed.
Smith says despite the state’s highest court ruling against the moped rider, the ruling might leave a pretty big loophole – something he hopes to fix in the next legislative session.
“Under this supreme court ruling, if someone is driving under the influence, on a moped, and driving under 25 mph, weaving all over the road, and a policeman stops them, they can‘t be arrested for operating a motor vehicle under the influence, because it‘s not a motorized vehicle,” said Smith.
Smith says the current law, which is over 40 years old, is in dire need of an update. He says he will start work on legislation next week, in preparation for next year’s legislative session.