Motorcycle - A 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 or designed
to travel on two wheels in contact with the ground which is modified by the addition
of two stabilizing wheels on the rear of the motor vehicle.
Motor-driven cycle - A motorcycle, including a motor scooter, with a motor which
produces horsepower not to exceed five brake horsepower.
Moped - A motor-driven cycle equipped with operable pedals, a motor rated no more
than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters,
and automatic transmission, and a maximum design speed of no more than 25 miles
per hour, or an electric motor-driven cycle equipped with operable pedals and powered
by electric battery.
(4) Class M - A Class M license shall be issued to those persons who have demonstrated
their qualifications to operate a motorcycle or motor-driven cycle.
(d) Duration of permit - A learner's permit shall be valid for a period of one year
after date of issue, or until the holder of the permit failed the examination as
authorized in Section 1508 (relating to examination of applicant for driver's license)
three times within the one year period.
(e) Authorization to test for driver's license and junior driver's license.--A person
with a learner's permit is authorized to take the examination for a regular or junior
driver's license for the class of vehicle for which a permit is held. Before a person
under the age of 18 years may take the examination for a junior driver's license,
including a Class M license to operate a motorcycle, the minor must:
(1) Have held a learner's permit for that class of vehicle for a period of six months.
(2) Present to the department a certification form signed by the father, mother,
guardian, person in loco parentis or spouse of a married minor stating that the
minor applicant has:
(i) completed 65 hours of practical driving experience accompanied as required under
subsection (b); and
(ii) except for a Class M license to operate a motorcycle, the 65 hours included
no less than ten hours of nighttime driving and five hours of inclement weather
(3) Have the certification form completed when the minor is ready for the licensing
examination. The certification form shall be developed by the department and will
be provided by the department when the original application for a learner's permit
is processed. The department will make this form readily available through the mail
or electronic means.
(4) For a Class M license to operate a motorcycle, present evidence of successful
completion of the department-approved motorcycle safety course.
(b) Exception - This section does not prohibit the use of hearing aids or other
devices for improving the hearing of the driver nor does it prohibit the use of
communication equipment by motorcycle operators complying with Section 3525 (relating
to protective equipment for motorcycle riders).
3521. Applicability of traffic laws to motorcycles.
Every person operating a motorcycle shall be granted all the rights
and shall be subject to all the duties applicable to the driver of any other vehicle
under this title, except as to special provisions in this subchapter and except
as to those provisions of this title which by their nature can have no application.
3522. Riding on motorcycles.
(a) Use of the seat by operator and passenger - A person operating a motorcycle
shall ride only upon the permanent and regular seat attached to the motorcycle,
and the operator shall not carry any other person nor shall any other person ride
on a motorcycle unless the motorcycle is designed to carry more than one person,
in which event a passenger may ride upon the permanent and regular seat if designed
for two persons, or upon another seat firmly attached to the motorcycle at the rear
or side of the operator. In no event shall a passenger sit in front of the operator
of the motorcycle.
(b) Method of seating - Unless in a sidecar, a person shall ride upon a motorcycle
only while sitting astride the seat, facing forward, with one leg on each side of
(c )Articles carried by operator - No person shall operate a motorcycle while carrying
any package, bundle or other article which prevents him or her from keeping both
hands on the handlebars.
(d) Interference with operation. - No operator shall carry any person, nor shall
any person ride, in a position that will interfere with the operation or control
of the motorcycle or the view of the operator.
(b) Overtaking and passing - The operator of a motorcycle shall not overtake and
pass in the same lane occupied by the vehicle being overtaken.
(c) Operation between lanes or vehicles - No person shall operate a motorcycle between
lanes of traffic or between adjacent lines or rows of vehicles.
(d) Limitations on operating abreast - Motorcycles shall not be operated more than
two abreast in a single lane.
(e) Limited access highways - No motorized pedacycle shall be operated on any limited
(f) Exception for police officers - Subsection (b) and 8 do not apply to police
officers in the performance of their official duties.
(b) Eye-protective devices - No person shall operate or ride upon a motorcycle (other
than a motorized pedacycle) unless he or she is wearing an eye-protective device
of a type approved by the department.
(c) Approval of equipment - The department may approve or disapprove protective
headgear and eye-protective devices required under this section and may issue and
enforce regulations establishing standards and specifications for the approval of
the headgear and eye-protective devices. The department shall publish lists of all
protective headgear and eye-protection devices by name and type which have been
(d) Exception - The provisions of subsection (a) shall not apply to the following:
(1) The operator or any occupant of a three-wheeled motorcycle equipped with an
(2) A person 21 years of age or older who has been licensed to operate a motorcycle
for not less than two full calendar years.
(3) A person 21 years of age or older who has completed a motorcycle rider safety
course approved by the department or the Motorcycle Safety Foundation.
(4) The passenger of a person exempt under this subsection, if the passenger is
21 years of age or older.
THE MOTORCYCLE SAFETY COURSE IS FUNDED BY THE FOLLOWING:
(1) An additional fee of $5.00 shall be assessed and collected for each original
motorcycle operator's license.
(2) An additional fee of $5.00 shall be assessed and collected for each annual renewal
of a motorcycle operator's license.
(3) An additional fee of $5.00 shall be assessed and collected for each motorcycle
(4) An additional fee of $5.00 shall be assessed and collected for each replacement
motorcycle operator's license.