(a)    (1)    In this section the following words have the meanings indicated.

(2)    (i)    “Licensed driver” means an individual who holds a driver’s license of any class issued by the State or, if the individual is a nonresident of the State, issued by another state or country.

(ii)    “Licensed driver” does not include an individual who holds a learner’s permit or a provisional license issued by the State or, if the individual is a nonresident of the State, the equivalent license issued by another state or country.

(3)    (i)    “Motorized passenger scooter” means a nonpedal vehicle that:

1.    Has a cockpit containing a seat for the operator and a passenger;

2.    Has three wheels, of which one is 10 inches or more in diameter;

3.    Has a motor:

A.    With a rating of 2.7 brake horsepower or less; or

B.    If the motor is an internal combustion engine, with a capacity of 50 cubic centimeters piston displacement or less; and

4.    Is equipped with an automatic transmission.

(ii)    “Motorized passenger scooter” does not include a vehicle that has been manufactured for off–road use, including a motorcycle and an all–terrain vehicle.

(b)    Notwithstanding any other provisions of the Maryland Vehicle Law regarding the operation of a vehicle on a highway in the State, in the municipal boundaries of Ocean City, a licensed driver may operate a motorized passenger scooter on:

(1)    A local highway; and

(2)    Subject to subsection (c) of this section, any portion of a State highway designated by the State Highway Administration as a bicycle way.

(c)    The State Highway Administration may prohibit the operation of a motorized passenger scooter on a bicycle way under the jurisdiction of the State Highway Administration if it determines that:

(1)    An occupant of a motorized passenger scooter is placed at an unacceptable risk of injury on the bicycle way; or

(2)    The operation of a motorized passenger scooter is a threat to the safety or mobility of others along the bicycle way.