If you're thinking about buying an electric scooter or already own one, you need to understand the difference between it and a moped. In 2026, enforcement of CONTRAN Resolution 996/2023 is now fully in effect. In other words: traffic agents are now issuing fines and requiring documents. Most users still confuse the categories, and that's exactly why we put together this guide. We'll explain what changed, who needs a driver's license, where you can ride, and how to avoid getting fined. If you're in Maringá, we also cover the local rules under Municipal Law 11.981/2025. By the end, you'll know exactly what counts as an electric scooter (EMU) and what counts as a moped. Let's get straight to the point.
What changed in 2026 in the enforcement of scooters and mopeds?
Since January 1, 2026, the enforcement measures outlined in CONTRAN Resolution No. 996/2023 are fully in effect. Published on 06/16/2023, the regulation is now being applied with fines and document requirements. According to Estado de Minas, city governments have significantly intensified enforcement. This means no one is exempt anymore: anyone riding an irregular vehicle can be cited. It's essential to understand the difference between an electric scooter, an electric bicycle, and a moped. Each has its own set of rules.
Electric Scooter (EMU): What it is and when it can be ridden
The classic electric scooter is classified as a Self-Propelled Individual Mobility Device (EMU). To qualify, it must have a nominal motor power of up to 1000W, a factory top speed of up to 32 km/h, and a width of up to 70 cm. It does not require registration, licensing, or a license plate (art. 12; art. 134-A of the Brazilian Traffic Code). However, you must have mandatory equipment: a speed indicator, a bell, and nighttime signaling. In Maringá, wearing a helmet is also mandatory. As for where you can ride, the EMU is only allowed on pedestrian areas at up to 6 km/h, on bike lanes, bike paths, and bike routes (respecting the road's speed limit), and on roads with a speed limit of up to 40 km/h. No riding on highways or fast avenues.
Moped: What it is and why it requires a driver's license and plate
A moped is a different category. It has an electric motor of up to 4 kW (4000W) and/or a factory top speed above 32 km/h, reaching up to 50 km/h. This vehicle requires registration, licensing, and a license plate, as well as a CAT/CSV (Certificate of Safety and Vehicle Registration). To ride one, you need a category A driver's license (CNH) or an ACC (motorcycle learner's permit). It's also mandatory to wear a helmet and protective clothing (art. 13, 14, and 244 of the Brazilian Traffic Code). Many people buy a "faster" scooter and end up falling into the moped category without knowing it. If your device's top speed exceeds 32 km/h, it's considered a moped, with all the associated requirements.
Scooter or moped: How to know what you have?
The simplest way is to check the manufacturer's manual or label. Look at the factory top speed and motor power. If the speed is up to 32 km/h and the motor is up to 1000W, it's an EMU (electric scooter). If the speed is above 32 km/h up to 50 km/h or the motor is up to 4kW, it's a moped. There's also the electric bicycle, with an auxiliary motor up to 1000W, pedal assist without a throttle, and a top speed of 32 km/h — also without registration. If you're unsure, take it to a service center or consult Patinep Store. We'll help you identify it correctly.
Riding rules in Maringá: Municipal Law 11.981/2025
In Maringá, Municipal Law No. 11.981/2025 sets limits for your scooter. On bike lanes and bike paths, the maximum speed is 20 km/h. On sidewalks, squares, and parks, the limit is 6 km/h. On shared traffic roads, you're only allowed to ride if the road's speed limit is up to 40 km/h. Wearing a helmet is mandatory, as are a speed indicator, bell, and nighttime signaling. It's prohibited to ride on fast roads or streets with high speed limits. In other words: plan your routes within these rules to avoid fines.
Tips to avoid fines in 2026
1. Know your vehicle: check the top speed and motor power on the manufacturer's label. 2. Respect the speed limits: 6 km/h on sidewalks, 20 km/h on bike lanes in Maringá, and up to 40 km/h on shared roads. 3. Use the mandatory equipment: helmet, speed indicator, bell, and nighttime signaling. 4. Never ride on roads with speed limits above 40 km/h. 5. If your scooter exceeds 32 km/h, treat it as a moped: get a license, register it, and use a plate. 6. Stay updated on local laws — they can change. 7. If you have questions, come to Patinep Store; we'll help you stay legal.