A superior court judge cleared the way Friday for two Oak Bluffs rental moped dealers to open for business, ordering the town to grant waivers to a test track requirement that has been a sticking point between the dealers and the selectmen.

The selectmen have called an emergency meeting for Tuesday to address the matter.

The six-page order from the Hon. Cornelius J. Moriarty granted an emergency injunction to the owners of Ride-On Mopeds, Island Hoppers and King of Rentals of MV. The judge found that the town moped bylaw is at odds with state law, specifically in regard to the test track requirement. Early this month the selectmen denied waivers to the three moped companies which do not have test tracks and could not meet the requirement that has gone unenforced for years. The decision effectively froze the annual license renewals for the dealers Jason Leone and Aguimar Carlos.

Last week the dealers went to court with their attorney seeking an injunction. A hearing was held in the Edgartown courthouse on Wednesday this week.

The ruling issued by Judge Moriarty Friday found that under state law anyone with a valid driver’s license can own or rent a moped. Therefore, the judge found the town bylaw “has effectively burdened the right to operate a moped by adding the requirement that those wishing to rent a moped in Oak Bluffs must presumably pass a safety test . . . at onsite training tracks that do not now or ever have existed.”

The judge overturned the selectmen’s decision, ordering them to grant a waiver of the training track requirement and issue moped licenses as long as the companies are otherwise qualified. The companies are required to collectively post a $25,000 cash bond with the court.

An emergency selectmen's meeting has been posted for Tuesday at 4 p.m. The board will meet first in exceutive session, followed by an open session where a vote on the moped licenses is expected.