If you ride an electric scooter with a throttle, the law changed in 2026
CONTRAN Resolution No. 996/2023 came fully into effect in Brazil on January 1, 2026. The rule that catches many people off guard concerns manual throttles: any electric scooter or electric bicycle with a throttle (twist grip or button) is no longer treated as an electric bicycle.
It is now classified as a moped—which means it requires registration, licensing, a license plate, and a driver's license. In this guide, I'll show you exactly how to tell whether your scooter has become a moped, what you need to do to ride legally, and what has actually not changed for electric kick scooters.
If you recently bought an electric scooter or are considering buying one, reading this post to the end could save you from a fine and having your vehicle impounded.
What determines whether your scooter is a moped? The throttle
Under CONTRAN Resolution No. 996/2023, an electric bicycle is only a vehicle with pedal assist and no manual throttle (item 'c', section III, art. 2). In other words, if the motor only operates when you pedal, it is an electric bicycle.
If it has a throttle (a twist grip, button, or lever), the vehicle is classified as a moped—provided it has a motor rated at up to 4 kW and a factory-set top speed of up to 50 km/h (section IV, art. 2).
Most electric scooters sold in Brazil—including models with thumb-button acceleration—fall under this definition. When in doubt, check the manufacturer's manual: if it lists a throttle and you do not need to pedal, the moped rules apply.
What changes in practice for electric mopeds
As of January 1, 2026, riding an electric moped (a scooter with a throttle) requires the following under arts. 13 and 14 of Resolution 996/2023:
- Certificate of Compliance with Traffic Legislation (CAT)—issued by the manufacturer or importer;
- Invoice showing the vehicle's make and model code;
- Registration and licensing with DETRAN, the traffic department of your state;
- Registration plate (RENAVAM)—a plate is mandatory;
- Driver's authorization: a Category A Brazilian driver's license or an ACC (Authorization to Drive a Moped).
In addition, helmets are mandatory (art. 244 of Brazil's Traffic Code, or CTB). Without these items, you may be subject to a fine (art. 230, sections IV and V of the CTB) and vehicle impoundment.
Do you ride an electric scooter in Maringá? Local enforcement is already following the Resolution—riding on public roads without a plate and driver's license can create serious problems.
Electric kick scooters remain exempt (they are not mopeds)
Now for the good news: self-propelled personal mobility devices—such as electric kick scooters—remain exempt from registration, licensing, and license plates (art. 12 and art. 134-A of the CTB).
To qualify for this category, a kick scooter must meet the limits established by Resolution 996/2023 (current art. 9):
- Maximum power: up to 1,000 W;
- Factory-set top speed: up to 32 km/h;
- Width: up to 70 cm;
- Wheelbase: up to 130 cm.
If your vehicle stays within these limits, it does not require a driver's license, ACC, plate, or registration. It may be ridden on Maringá's bike lanes (respecting the 20 km/h speed limit), sidewalks (6 km/h), and shared roads with a limit of up to 40 km/h—always with a helmet, as required by Municipal Law No. 11.981/2025.
How to find out whether your scooter is a moped or a kick scooter: step by step
Check the product manual or label for the following information:
- Motor power: if it is above 1,000 W, it is not a kick scooter—it is a moped.
- Factory-set top speed: if