Close X

Call us at 706-282-4696 or toll-free at 866-2-FIGHT-1 (866-234-4481)


Mopeds Require a License in Georgia

One of the recurring myths in Georgia driving law is that a license is not required to operate a moped.  That myth is false.

A moped is a motor driven cycle with an engine not exceeding 50 cubic centimeters (cc's).  This is defined at OCGA 40-1-1 (28).

Motor vehicles having a saddle and not more than three wheels are motorcycles.  The definition excludes mopeds and tractors.  So, scooters, motorbikes and minibikes are motorcycles.  Motorcycles require a Class M or MP permits.  Class M is a full motorcycle permit.  Class MP is an instructional permit.  

Even though a motorcycle permit is not required for a moped, the operator must still have a license or permit.  The operator must be 15 years of age or older and have an unexpired driver's license, instructional permit, or limited permit.  This is set out at OCGA 40-6-351.  It states:

No person under 15 years of age shall operate a moped or an electric assisted bicycle upon the public roads and highways of this state. No person shall operate a moped upon the public roads and highways of this state unless he or she shall have in his or her possession a valid driver's license, instruction permit, or limited permit issued to him or her pursuant to Chapter 5 of this title; provided, however, that all classes of licenses, instruction permits, or limited permits issued pursuant to Chapter 5 of this title shall be valid for the purposes of operating mopeds upon the public roads and highways of this state. No license or permit shall be required for the operation of an electric assisted bicycle.

It is worth noting that moped operators must wear a helmet.  Standard traffic laws apply.  A moped may not be operated on  a limited access highway with a minimum speed above 35 mph.  

If your Georgia driver's license or privilege to drive in the state is suspended, you cannot legally operate a moped in Georgia.  Even if a salesperson tells you that you can because it is less than 50 cc, you should not operate a moped when your license is suspended.  The salesperson is wrong.  Not having to have a motorcycle permit is different than not having to have a license or some permit.

More information is available on the Georgia Department of Drivers Services website on their page discussing motorcycle licenses.

Sean A. Black

Sean A. Black is a 1992 graduate of the Emory University School of Law. He has been in private practice in Toccoa, Georgia since June 1, 1992.



Posted Mar 22, 2018 at 05:54:31


How did you arrive to conclusion that mopeds are not allowed on roads with speed limit above 35MPH

as much as i’ve tried to alocate OCGA with such language – I’ve not been successful

Also there is no definition it Title 32 or 40 specifying or defining the term “limited access highway” the only one I was able to find is for “limited access road”

I would appreciate any information clarifying my confusion.

Thank you



Posted Mar 22, 2018 at 08:03:39

I have updated the post to include statutory citations.


Chris G.

Posted Aug 30, 2018 at 14:32:50

I recently moved from South Carolina to Georgia and have a question regarding Mopeds/Scooter. My license is currently suspended in South Carolina and will be for another 2 months. I have never had a Georgia License. With that said my question is; Can I ride a moped legally in Georgia with my license being suspended in SC?


Posted Aug 31, 2018 at 06:33:58

Yes. You can look at the article on my other site. The article is at Sorry, I can’t give you an active link in comment responses.


Jacob Fidler

Posted Sep 03, 2018 at 05:45:50

I have a suspended license in Indiana. Can I A. Drive a moped/scooter in Georgia legally, and B. Get a license in Georgia without fixing my license in IN?


David Kirk

Posted Nov 08, 2018 at 02:36:39

Can I operate a 49.6cc on a Ga road with a learners permit? Im on unsupervised probation now and if it’s illegal to operate with learners permit and I get blue lighted,it will be a violation of probation. I’m getting alot of different stories. I will be taking driving test in a week and I don’t want to blow this.


Posted Nov 21, 2018 at 07:01:29

With a learner’s permit, you can operate a moped under 50 cc.


Raymond Speed

Posted May 07, 2019 at 02:48:50

So basically if I have Georgia license that’s valid and it is or is under 50cc I’m good to go without a motorcycle license or permit


Posted May 07, 2019 at 04:00:16

Yes. If you have a valid license, you can operate an under 50cc moped.



Posted May 19, 2019 at 18:54:56

Two questions: 1. I live in GA. Purchased new 150cc scooter from amazon seller based in TX. Received via drop ship. The clerk at the DMV returned my MSO & title app. and only charged me a $12 reg. fee. Gave me a tag & plate. I inquired…? She responded that I don’t need a title and that there was no ad valorem fee for this. Is this correct? 2. While at the shipping terminal, the fork lift driver told me that they had another 150cc scooter which they had dropped and the recipient refused to accept it. He said the seller didn’t want it back either and they were going to throw it away. Said I could have it. I accepted. Got it home. But I have no paperwork at all, so how do I tag & title it? Thank you.


Posted May 21, 2019 at 05:04:37

Registration of mopeds and motor vehicles in general is not a part of my regular practice area. Your best bet is to go talk to someone at the tax commissioner’s office.



Posted Jun 02, 2019 at 20:20:03

Can i drive under 50cc moped in Georgia if i have driving license of Maryland?


Posted Jun 03, 2019 at 06:05:46

As long as you do not have a suspension or revocation from Georgia, I believe that a valid Maryland driver’s license would allow you to operate a moped in Georgia.

If you have a Maryland license but have moved to Georgia, you may need to turn in that Maryland license in to get a Georgia license.



Posted Jun 03, 2019 at 09:22:06

Is 150cc motor scooter legal to drive in Georgia?


Posted Jun 03, 2019 at 09:53:09

I am sure that it is, but it probably has to be registered like a motorcyle.



Posted Jun 06, 2019 at 15:35:06

Thank you for this article. Thinking about getting a moped (under 50 cc) to commute to work. curious about how accidents involving mopeds are treated since GA does not require insurance or tag registration. How is liability determined in such accidents? Also, is it true moped riders are considered similar to a person riding a bicycle/pedestrian?


Posted Jun 07, 2019 at 05:50:37

All traffic laws apply to the operation of mopeds on the roads, and mopeds are treated as vehicles for that purpose. OCGA 40-6-350. they are not treated like bicyclists or pedestrians.

While it does appear that mopeds under 50cc are not required to have insurance, it might be a good idea to look into the availability of coverage to protect yourself from liability claims. Without insurance, if you are at fault, you could be sued directly for any damages done by negligence.


Posted Jun 07, 2019 at 10:15:50

I note that you have a 12 month suspension, not a 12 year suspension.

A Power Wheels has an electric motor. So it does have a motor, even though it is not gasoline powered. It might even qualify as moving vehicle if you were under the influence.

It would not be street legal. To the extent that you were crossing any street in it, it could be an issue with law enforcement. While it could be a moving vehicle in a DUI case, it is probably not a motor vehicle for licensing purposes, but I foresee problems.


Susie S

Posted Jun 08, 2019 at 08:43:33

I ride a 49cc scooter. My Georgia licence was revolked. I have an Arizona license and have a home in Arizona. I live there but have a home here with kids attending college and a rental. Is it OK to ride my moped/scooter off the road and by the side of the road? Not only do I feel safer, because it is not insured, I do not want to ride on the road. Some places there is not a ‘side of the road’ but a sidewalk and more grass. Can I ride on the sidewalk in Georgia? When I get into my subdivision can I ride on the road? There are sidewalks in my subdivision.

Susie S


Posted Jun 09, 2019 at 08:37:26

As long as the moped is not operated on any part of a public road, I do not see that it is prohibited. Your problem will be in passing across intersecting roads. You are likely to draw attention though.



Posted Jul 28, 2019 at 01:08:00

I was in a situation recently where I was told by one police officer that I only needed my permit to drive and another officer who told me that scooters follow the same rules as cars. I therefore needed an adult (21+ yrs) with a valid driver’s licence riding with me. Which is true as I haven’t found any solid answers pertaining to this sort of question specifically?


Posted Aug 01, 2019 at 10:01:34

If you are talking about mopeds, then a learner’s permit or a driver’s license is required. The person is not required to have a motorcycle license.

If you are talking about the electric scooters attacking the streets and sidewalks of Atlanta and the surrounding areas, then that’s a little bit more of a muddle. Certainly, if you are operating them on a road or street, you have to have a valid license. That includes crossing streets in a crosswalk or otherwise. My understanding is that the scooter companies have a policy that you be at least 18 with a valid driver’s license, and you certify that when you activate the scooter. However, violating the terms of service probably does not run you afoul of the traffic/licenseing laws of the state of Georgia.

Offhand, I am not sure if a learner’s permit would suffice. I think it would probably fall into the moped category, but I am not sure.


Posted Aug 27, 2019 at 05:26:18

A motor powered cycle is subject to the permit/license requirement regardless of how one refers to it. Electric assisted bicycles are also subject to the requirement.



Posted Sep 18, 2019 at 12:51:54

I have a mope permit from South carolina… And I was thinking about moving to georgia. But I am wondering can i still drive in georgia. With a south carolina moped permit. my class c license is suspend due to 2 moving violations . Georgia say you must have a license or lemited learner permit but did not say of the state of georgia .


Posted Sep 19, 2019 at 12:49:20

I am concerned that you could face problems in Georgia. Georgia does not have an equivalent to the South Carolina moped license.

Because the Georgia requirement is to have an automobile or motorcycle license, or learner’s permit and you to not have that, I am not sure what an officer on the side of the road if you were operating a vehicle on the roadways while your regular license is suspended. I think a lot would charge you with driving on a suspended license.

I do not quite understand how South Carolina would have you on suspension on your regular license but have the moped license be valid. But I took a look at the South Carolina statute and they apparently will issue a moped license regardless of the status of any other license issued to a person.

All I can suggest is that you call the help desk at the Georgia DDS with that question.


Austin Hayman

Posted Dec 09, 2019 at 19:12:41

Hi i was looking for clarification on the minimum speed limit law and mopeds. My moped was was 50cc and would do about 40-45mph. I used it on Georgia 92 in acworth a lot and even had cops pass me no one ever said anything. And seeing there was no minimum speed limit sign posted I figured I was good to go and in the right. I was going 45mph on my way to work when I got hit In the back on 92 and the cop filled the report saying I was at fault. To my knowledge I had thought it was ok to operate a moped on that road am I missing something?


Posted Dec 10, 2019 at 06:40:34

That is kind of an interesting question.

OCGA 40-6-184 states that no person shall operate a vehicle “at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation.”

The nature of the roadway that you identify does not really point me to a conclusion that 40-45 mph is unlawfully slow. If your moped had the right lights, etc., for operation on the roadways, I really do not agree that you were at fault. It sounds like the other driver failed to pay attention to what was occurring ahead of him or her. Of course, you are a braver person than I to ride a moped or any kind of cycle on a state highway. The persistent failure of drivers to see and recognize bikes and cycles on the roads is well-documented. Your collision is probably an example of that. Your speed was within the maximum limits. There is at least one case recognizing that a combine slowing to 8 miles per hour (18 mph is the maximum speed of this piece of farm equipment) to make a left hand turn was not illegally below the appropriate speed.


Sean Haltom

Posted Jan 02, 2020 at 15:09:30

I’m 18 and have a class cp learners permit. Does someone who’s 21 with a license still have to be with me or can I ride by myself


Posted Jan 03, 2020 at 06:12:48

The learner’s license and being 15 or over is all that is required for a moped. No other driver required, besides you would look kind of funny, two people on a moped.


Stacey Luebke

Posted Jan 29, 2020 at 18:09:58

In 2018, did Georgia law require a 50cc moped rider to have a valid license?


Posted Jan 30, 2020 at 05:26:14

A valid license or permit (including a learner’s permit)


Posted Mar 05, 2020 at 06:51:43

You have to have some type of valid license or permit to operate a vehicle in order to operate a moped in Georgia. If your license is suspended, then a moped is not going to help you. It will likely just get you a suspended license charge.


Bruce Jones

Posted Mar 11, 2020 at 19:17:51

I googled georgia laws for electric bicycles and scooters,on the issue of requiring a driverslicense and it told me no license is required on roads 35 mph or less and bike paths and bike lanes is this information correct


Blain Hawkins

Posted Mar 21, 2020 at 19:41:12

Where and when does the 4th amendment come into play?my sons friend lost his drivers license (not required 4th amendment)then got a motor cycle license,which is considered a different mode of transportation,(that requires a different license to operate)so where and when does the 4th amendment come into play. Riddle me this Batman


Posted Mar 23, 2020 at 06:28:36

Mopeds or scooters (under 50 cc) require at least a learner’s permit or a driver’s license.

Under current law, as I understand it, an electric assisted bicycle would still qualify as a motor vehicle.

§ 40-6-351. Persons under 15 prohibited from operating moped or electric assisted bicycle; license or permit required for operation of moped

No person under 15 years of age shall operate a moped upon the highways in this state. No person shall operate a moped upon the highways in this state unless he or she has in his or her possession a valid driver’s license, instruction permit, or limited permit issued to him or her pursuant to Chapter 5 of this title; provided, however, that all classes of licenses, instruction permits, or limited permits issued pursuant to Chapter 5 of this title shall be valid for the purposes of operating mopeds upon the highways in this state.


Posted Mar 23, 2020 at 06:32:20

The Fourth Amendment prohibits the issuance of warrants (arrest or search) except upon probable cause shown to a neutral and detached judge. Put another way, it prohibits unreasonable search and seizure.

It has nothing to do with driver’s licenses or motorcycle license or any of those things.



Posted Apr 18, 2020 at 10:14:35

I don’t have a license and have been riding a 50cc scooter for two years in Ga,,I have been stopped three times and I told them that I don’t need a license to ride it and they let me go.. I am 70 year old ..
My license plate says 49cc license plate not required,, got it on Ebay $10.00
And can I get a motorcycle license when My driver license has been suspended?


Posted Apr 20, 2020 at 07:07:37

Even though the scooter does not require a license plate, the person operating it still has to have a valid license or permit. Georgia will not issue you a permit or license while your license is suspended. Scooters are not a loophole that will allow you to evade the suspended license.


Anthony Russell

Posted Aug 23, 2020 at 15:19:10

I have a Valid Driver’s license in Ga, and I purchased a 150cc scooter/moped. Do I still need to get my motorcycle license to drive it, or is my driving license good enough.


Posted Aug 24, 2020 at 06:13:30

A moped or scooter that is over 50cc is a motorcycle.

The statutory definition of motorcycle is “every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, all-terrain vehicle, and moped.” Your scooter or moped fits this definition, and because it has more than 50cc, it is not a moped under Georgia law, regardless of what the manufacturer or dealer calls it.

So, you should get your MP license, which is motorcycle learner’s permit, and then get the motorcycle license.



Posted Nov 21, 2020 at 09:47:36

Is there a required size for riding on the interstate? I’m looking at buying a 200CC or higher. I used to own a 400CC and was fine on the interstate as it would easily do the speed limit. Any law pertaining to that?


Posted Nov 23, 2020 at 06:55:48

I am afraid that I do not know the answer to that question. I can recall seeing signs on onramps prohibiting pedestrians, bicycles, mopeds, etc., but I cannot point to a particular statute at this point which answers the question definitively as far as Georgia is concerned. I can say that I would not want to be on a moped on an interstate.



Posted Jul 03, 2021 at 05:02:51

Mr. Black,

Thank you for your commentary. I have a question about Georgia code 40-1-1(28), having to do with a definition of a moped. A part of the code reads, “A motor driven cycle equipped with two or three wheels, with or without foot pedals to permit muscular propulsion,…”

What does the code mean when it references a moped without foot pedals? How could a moped, without foot pedals, be propelled by means of “muscular propulsion”?

Thank you.


Posted Jul 05, 2021 at 07:05:30

You should read “foot pedals to permit muscular propulsion”as a singular description. Distinguishing perhaps from foot pegs. So, it includes mopeds and scooters, etc.



Posted Jul 27, 2021 at 14:36:25

Can I drive a electric scooter with assisted bike pedals that looks like a moped but has electric motor n bike pedals like ones in China in Georgia ?



Posted Jul 27, 2021 at 14:38:21

Can I get a ignition interlock system installed on a mopad or something with 2 wheels ?


Posted Jul 29, 2021 at 06:38:05

There is nothing in the statutory law that prohibits it, but, to my knowledge, there are no vendors in Georgia that will make that installation. It is considered unsafe and may be technically difficult as well.


Posted Jul 29, 2021 at 06:38:42

Not without an appropriate license or permit as set out on this page.


Brandy Bennett

Posted Aug 27, 2021 at 16:36:21

Can a moped be ridden at night if you work a night shift and get off at 3 am?


Posted Aug 30, 2021 at 08:32:16

Unless the person has some limitations as a condition of their permit (which would be unusual), there is not a blanket law barring the operation of mopeds at night. It cerainly has to have the appropriate lighting equipment.


James Maxson

Posted Sep 05, 2021 at 03:18:56

Can I use a valid Ga iD card to operate a moped/scooter in Georgia that’s all I have


Posted Sep 07, 2021 at 05:36:51

No. A Georgia identification card is neither a driver’s license or a permit to drive.



Posted Oct 10, 2021 at 19:18:51

Can I get a licence with a moped or do I need a car?


Posted Oct 11, 2021 at 05:40:25

Your best bet is to ask DDS. However, I would think you could get a motorcycle learner’s permit with a moped, but I do not know that for sure.



Posted Jan 06, 2022 at 21:32:38

The myth is still very much alive. I was recently hit by a moped, whose driver had a suspended Georgia driver’s license. An APD watch commander stated a license was not required.


Posted Jan 07, 2022 at 05:38:28

Georgia DDS has tried to educate on that issue, but it still has not fully penetrated.



Posted Feb 02, 2023 at 05:36:07

How can I get tag for my 49cc moped?
I wanted ride my moped in other state but other state required tag.


Posted Feb 02, 2023 at 06:23:58

I am not sure whether you can get a tag for an exempt moped. You should speak to your county tax commisssioner’s office about that issue.



Posted Jan 23, 2024 at 14:49:27

My husband was just pulled over for no tags on his moped, it is a 200cc bike. He also has no valid GA drivers license. What do I do?


Posted Jan 24, 2024 at 06:33:48

Anything with 50cc or more is not legally a moped under Georgia law as I understand it. Even if it was a moped, he was required to have a valid license. If his license was suspended or revoked, he could be charged accordingly for the license infraction. My understanding is that with that size engine, he should have had a license plate, but I have not recently researched that issue.


Leave a Comment

Go to Top