Legal Question in Traffic Law in Florida

Hi, I live in Key West, FL. My question is it legal to drive a 49cc scooter on Overseas Hwy? Overseas Hwy is *NOT* a limited access highway or a freeway so I'm wondering if it's legal to drive a registered scooter from Key West to Big Coppit Key on Overseas Hwy? It's only a few miles. The Hwy has a shoulder for bicycles as well. Also, This is the only road going in and out of the Keys so I'm thinking all of these factors make it legal but I'm not sure. I have a drivers licence and the scooter has a tag and is registered. I drive it all around Key West as do many other people on scooters with no problems. What's the difference if I take it down Overseas Hwy to the next Key if Overseas Hwy is not a limited access highway or freeway. It goes 40mph. Thank you for any information.


Asked on 8/16/15, 10:22 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

The short is answer is, if there is a sign preventing bicycles, scooters, etc., then no you can't drive no matter how short. The long answer is that you should talk to an attorney in the Key West area that knows the roads and may be able to give a more detailed answer.

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Answered on 8/16/15, 1:15 pm


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