5.5 Mopeds, NEVs, School Patrols, Traffic Stops & Careless Driving

5.5 Mopeds, NEVs, School Patrols, Traffic Stops & Careless Driving

Quick Answer: A motorized bicycle (moped) is defined by a speed capacity of 30 mph or less and is banned from sidewalks, freeways, and pedestrian/bicycle lanes and trails. A neighborhood electric vehicle (NEV) reaches 20–25 mph, must be titled and registered, and may only be driven on streets posted at 35 mph or less. You must come to a complete stop for a school safety patrol, an adult crossing guard with a stop sign or flag, and a school bus flagger. During a traffic stop, stay in the vehicle, keep hands visible on the wheel, turn on the interior light after dark, and tell the officer where your documents are before reaching for them.

The official DVS practice knowledge test includes a true/false item on what a driver should do after being pulled over, so this material is directly tested.

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1. Motorized Bicycles (Mopeds) and Electric-Assist Bicycles

Motorized Bicycle (Moped)

A "motorized bicycle" is a moped, and it is defined by its speed capacity: 30 mph or less. The rules that apply to bicycle riding generally apply to motorized bicycles.

Where mopeds may not go:

• Sidewalks
• Freeways
• Lanes and trails designated for pedestrians and bicycles

A moped permit is available at age 15 after completing a motorized bicycle safety course and passing the written, vision and road tests. A Class D license also authorizes moped operation.

Electric-Assist Bicycle — A Different Thing Entirely

An electric-assist bicycle is not a moped. Electric-assist bikes have an electric motor that helps with pedaling and are treated as bicycles for rules of the road and for where they may operate. Mopeds have a gas engine and follow different rules. No test or license is required to ride an electric-assist bicycle, but you must be at least 15 years old.

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2. Neighborhood Electric Vehicles (NEVs)

A neighborhood electric vehicle is an electric-powered vehicle with three or four wheels that can reach speeds between 20 and 25 mph.

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3. Vulnerable Road Users

Drivers must watch for more than pedestrians, bicyclists and motorcyclists. Vulnerable road users are people on highways, bikeways, sidewalks or trails who have less protection than those in cars. They include people:

• Riding two- or three-wheeled vehicles
• Using electric mobility devices
• Riding horses
• Walking
• Using motorized scooters

They have no seat belts or airbags and face a much higher injury risk in a crash. You must share the road safely with these users and any passengers they have — and they must also follow all traffic laws.

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4. School Safety Patrols and School Bus Flaggers

School Safety Patrol

When you see a student safety patrol helping schoolmates cross a street or highway, you must come to a complete stop. You must also stop for adult crossing guards displaying a stop sign or flag.

It is illegal to drive through a line of children crossing the road, even if a school safety patrol is not present.

Penalty: violating this law is a misdemeanor; a second violation within a year is a gross misdemeanor.

School Bus Flagger

You must stop for a school bus flagger directing traffic to let school buses leave school property. Once stopped by a school bus flagger, you may not proceed until directed to do so by the flagger or a police officer — not when you judge the way to be clear.

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5. What to Do When Stopped by Law Enforcement

When You See Emergency Lights Behind You

1. Stay calm.
2. Slow down and activate your turn signal.
3. Pull to the right shoulder as soon as safely possible. On a multi-lane road, if you are closer to the left shoulder, move left only if there is a full lane to park in.
4. Avoid stopping on a bridge, on a curve, or within a lane of traffic.
5. If stopped after dark, turn on your vehicle's interior light.
6. Keep all doors shut and remain in the vehicle unless the officer directs otherwise.
7. Keep your hands on the steering wheel where they are easily visible.
8. Give the officer your full attention.

Reaching for Documents

The officer may ask for identification and proof of insurance. If the documents are out of reach, tell the officer where they are located before reaching for them.

What You Should NOT Do

• Do not reach around inside the vehicle. If you need to reach for something, tell the officer what you need and wait for verbal permission.
• Do not get out of the vehicle unexpectedly or approach the officer. If you need to exit, ask verbally and wait for permission.
• Do not argue about a citation. Explain your point of view in court instead. Ask any questions before the interaction ends.
• Avoid getting out of your vehicle after the officer walks away.

If You Have a Firearm in the Vehicle

• Keep your hands on the steering wheel in a visible location
• When the officer first approaches, tell them you have a firearm and where it is located, while keeping your hands on the wheel
• Do not reach for the firearm. The officer may take possession of it for safety until the interaction is complete
• Do not make sudden movements or search for your documents — wait for the officer's instructions

Possible Outcomes

An officer may issue a verbal warning, a written warning, or a traffic citation that may include a fine. Failure to follow or comply with any lawful order or direction of a law enforcement officer is illegal and can result in arrest. Do not resist if taken into custody.

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6. Careless, Reckless Driving and Fleeing an Officer

Racing is defined as intentionally comparing or contesting relative speeds by operating one or more vehicles — regardless of whether the speed exceeds the speed limit. Two cars accelerating against each other from a stoplight to 30 mph in a 30 zone can still be racing.

If you are charged with careless or reckless driving, you will be tried in court for a misdemeanor. Fleeing a police officer is a separate and far more serious offense.