Virginia Code section 46.2-100 defines a moped as a vehicle that:
travels on three wheels or less, has a seat that is no less than 24 inches in height, measured from the ground to the middle of the seat, and has a gasoline, electric, or hybrid motor that displaces less than 50 cubic centimeters.
Operation of mopeds on any Interstate Highway System is prohibited by Virginia Law. Operation of mopeds on highways and public vehicular areas by persons under age 16 is prohibited by Virginia law.
No moped shall be driven on any highway or public vehicular area faster than 35 miles per hour. Operating a moped faster than 35 miles per hour is deemed by Virginia law to be operating a motorcycle, which requires you to title and register the moped as a motorcycle and obtain a motorcycle license.
Moped riders must carry some form of identification that includes name, address, and date of birth.
Although you do not need a driver's license to operate a moped, you may not operate a moped if you have been declared a habitual offender or your license is suspended or revoked for driving under the influence of alcohol or drugs.
Moped drivers are required to abide by the same traffic laws and regulations as automobile drivers. Detailed information on Virginia's traffic laws and regulations is available in the Driver's Manual.
In addition, certain local governments may impose restrictions on moped operation. Violations of the moped laws are considered a traffic infraction and convictions will appear on your driving record.
All DUI laws apply to mopeds operated on public highways.