Can an electric scooter ride in a bike lane? Direct answer: no, since January 1, 2026
If you have an electric scooter with a top speed above 32 km/h or a motor more powerful than 1,000 W, the answer is clear: it cannot be ridden in a bike lane. This rule took effect on January 1, 2026, when enforcement of CONTRAN Resolution 996/2023 became effective throughout Brazil.
In practice, what changed is the vehicle's classification. That more powerful scooter is now considered a moped under Brazilian traffic law. Mopeds are not allowed in bike lanes or on sidewalks—and anyone caught doing so faces a serious traffic violation, a fine of R$ 880.41 (approximately USD 176), and 7 points on their Brazilian driver's license (CNH).
Here in Maringá, Municipal Law 11.981/2025 was already restrictive. Now, however, the federal rule has tightened the restrictions even further. In this post, we'll explain what changed, who can ride where, and how to adapt without unnecessary hassle.
What CONTRAN Resolution 996/2023 defines as an electric moped
The new federal rule, which came fully into effect on January 1, 2026, defines a moped as a two- or three-wheeled vehicle with an electric motor of up to 4 kW (4,000 W) and a top speed of up to 50 km/h. It may sound confusing, but let's simplify it.
If your electric scooter exceeds 32 km/h in top speed or has a motor above 1,000 W, it is classified as a moped. Another point: if it has an independent throttle—meaning you twist the grip and move without pedaling—at these power levels, it is also a moped.
This is different from a standard electric kick scooter, which is classified as a self-propelled vehicle. The rule for self-propelled vehicles is simpler: a top speed of up to 32 km/h and a motor of up to 1,000 W.
Where can an electric moped be ridden? On the road, not in the bike lane
The most significant change introduced by Resolution 996/2023 concerns where the vehicle may be ridden. An electric moped must travel on public roads, like a motorcycle—in the lane used by cars and motorcycles. Bike lanes, cycle tracks, and sidewalks are off-limits.
On expressways or highways, riding is permitted only where there is a road shoulder. In other words, the road is your place, in the lane with cars, while following the road's speed limit.
Here in Maringá, Municipal Law No. 11.981/2025 adds that bike lanes and cycle tracks have a 20 km/h speed limit, while sidewalks, plazas, and parks have a 6 km/h limit. However, under the new federal rule, even at these speeds, mopeds may not be ridden in these areas unless the traffic authority expressly authorizes it.
Fines and penalties in 2026: how much does it cost to ride a scooter in a bike lane?
Now it can seriously hurt your wallet. Riding a moped on a sidewalk, pedestrian path, or bike lane without authorization from the traffic authority is a very serious traffic violation: a fine of R$ 880.41 (approximately USD 176) and 7 points on your Brazilian driver's license.
There's more: riding in a prohibited area is a medium-level violation, with a fine of R$ 130.16 (approximately USD 26) and 4 points on your license. In other words, two different penalties may apply depending on the situation.
In addition, mopeds now require registration, license plates, annual licensing, a Category A or ACC driver's license, and helmet use. This applies to every scooter classified as a moped—there is no exception for electric vehicles.
What can ride in a bike lane? Kick scooters up to 32 km/h and pedal-assist bikes
The good news is that not everything is prohibited. Only self-propelled vehicles—kick scooters with a top speed of up to 32 km/h and motors of up to 1,000 W—and electric bicycles with pedal assistance may use bike lanes and cycle tracks.
This means your standard electric kick scooter, if it meets the requirements for a self-propelled vehicle, is still allowed. It must, however, follow Maringá's municipal limits: 20 km/h in the bike lane, 6 km/h on the sidewalk, and mandatory helmet use.
If your scooter is more powerful, unfortunately it has become a moped and is subject to the rules of mot