(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.