florida

eastwoodo4

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Mar 5, 2008
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458
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brooksville,fl
i live in brooksville florida.i got pulled by a trooper 2 days ago who said it was a motor vehichle.said he would arrest me next time[bring it mother fcker].anyways i pedal home and have been looking at the laws.the ones i see say a moped is not a motor vehichle as of 2002.i seen a county cop today and decided to ask him.so i showed him the laws that i copied from the state web site.he said it was awsome and he thinks im right.he also said he couldnt believe he hassled me about it.then he said it was awsome about three more times.then he said lock it up at nite cause of all the theives.im gonna do a little more research and try and talk to dmv.but as far as im conserned im good to go even if i have to beat in court with a jury cause every one seems to like it..over 2 years no problem till this shmuck.i also have a dl which i dont think the shmuck expected.any thoughts on this would be appreciated.
 
I started a thread in Feb "Florida motor cycle laws and definitions",it's worth perusing,although you may not get all that much wiser,I'm afraid.There is massive confusion in Fla.The 'Law' in Tallahassie (definitions) and the State DMV (licensing) don't appear to see eye to eye on various matters,and the poor MB'er gets caught in between.
 
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Why did he say he would arrest you for?

Give us some more details...

What kind of Motor is it.

What kind of bike?

What were you doing when he pulled you over?

Etc, etc....

Gives us some facts, and I'll be able to tell you what the deal is.

Frank.

said he would arrest me for not being registered.and he said i couldnt register it.its a mountian bike. its a friction drive with a 23 cc shindaiwa motor.i was sitting at a light waiting for it to turn when i noticed him making a u turn.i went thru the light and he did to.then he went up turned around and came back towards me.he actually pulled me with his horn.
 
I do not agree that there is confusion between the law and DMV. The law says a motorized bicycle is not a motor vehicle and the DMV follows that by no issuing plates,titles or registrations to Motorized bicycles. I would follow the links below and print and carry that information with you when you ride. you also may be interested in another thread where the Attorney for Daytona Florida advises that according to state law no local municipality may pass restrictive laws with regards to Motorized bicycles.

http://www.motoredbikes.com/showthread.php?t=9450


abstract: (27) "Motor vehicle" means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. (28) "Motor vehicle combination" means a motor vehicle operated in conjunction with one or more other vehicles. (32) "Passenger vehicle" means a motor vehicle designed to transpor more than 15 persons, including the driver, or a school bus designed to ...322.01 Definitions.--As used in this chapter:(27) "Motor vehicle" means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003.And The state makes the laws regarding these matters and local govt may not interfere and that includes Sheriff Puffy Pants.the opinion of the opinion of the City Attorney of Daytona Beach with regard to the intent of the lawSubject: Uniform Traffic Control Act, municipalitiesJ. T. FrankenbergerCity AttorneyOn consideration of the foregoing it is clear that the Legislature intended, by its comprehensive action in enacting Ch. 76-286, Laws of Florida, classifying motor-propelled bicycles or 'mopeds' as bicycles and determining how they were to be regulated on a uniform state-wide basis, to require that moped operators or riders be treated as bicycle operators or riders uniformly throughout the state and in all the municipalities therein. The Legislature by enactment of Ch. 316, as amended aforesaid, and by making it unlawful to enact, and prohibiting the enactment or enforcement of, any traffic ordinances in conflict therewith has effectively preempted the regulation of bicycle/mopeds to the state. Furthermore, because moped operators had, prior to such action, been required to wear the same protective devices as other motorcycle riders according to the Department of Highway Safety and Motor Vehicles, the reclassifying of mopeds as bicycles clearly demonstrates that the Legislature intended that moped riders be relieved of the requirements of wearing such protective devices throughout the state.The Legislature defines a moped as a bicycle in s. 316.003, F. S., and changed the definition of 'bicycle,' 'motorcycle,' and 'motor-driven cycles' and excludes motor-propelled bicycles or 'mopeds' from the definition of 'motor vehicle,' 'motor-driver cycles,' and 'vehicle' by Ch. 76-286, Laws of Florida, as reference to the title thereof clearly discloses, and provides regulations for such motor-propelled bicycles or 'mopeds' in s. 316.111, F. S. In the latter section the Legislature provided special regulations in subsections (14) and (15) applicable only to the operation ofbicycle/mopeds. MoreOn consideration of the foregoing it is clear that the Legislature intended, by its comprehensive action in enacting Ch. 76-286, Laws of Florida, classifying motor-propelled bicycles or 'mopeds' as bicycles and determining how they were to be regulated on a uniform state-wide basis, to require that moped operators or riders be treated as bicycle operators or riders uniformly throughout the state and in all themunicipalities therein.
http://www.flsenate.gov/statutes/in...lsenate.gov/statutes/ind...0322/Sec01.HTMLast edited by Gene; 03-26-2009 at 10:46 AM.Reply With Quote


http://www.flsenate.gov/statutes/ind..._String=76-286

http://www.flsenate.gov/statutes/ind...0322/Sec01.HT
 
many times a good THING
print out and carry copies of state MB laws that are in our favor

most if not all states have a main State DMV Office
call them and tell them exactly what you have -- how many cc on a bicycle
ask them what's required so as to ride ??
if --- THINGS sound good -- BE SURE to get their name and badge number

ride that thing
 
just an FYI....

This has been discussed at great length. The end answer(s) for it all is this...

1.). Although not considered a motor vehicle (In terms of titling), you still need at least a regular driver's license to ride it.

2. It does NOT need to be registered OR title for use on the roads. (Basically that's what all those laws everybody is linking to and talking about not being a motor vehicle are all about.)

3.) Since it is still considered a bicycle in terms of safety, you need a reflector in the rear (and for night time driving) a front white headlight and a rear red light visible from (I think about) 300 yards away.

4.) Since it is a moped in terms of driving it around you still need to adhere to traffic laws and you are not allowed to ride it on the sidewalk unless you are only pedaling it.

If I'm missing anything, I'm sure someone will add it.

Frank

P.S. I would also suggest turn signals and a brake light for night driving as well.
Oh and he couldn't arrest you for riding it UNLESS you don't have a drivers license (which you stated you have, so you're good to go on that issue.)
I've NEVER seen anyone get arrested for titling or registration. They COULD impound it but then you would be able to sue the bugessus out of them for wrongful prosecution.

My .02
 
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Read the law before pontificating thankyou

Sangesf please don't hijack the thread or confuse the issue, as your opinions are well known in past threads. And a drivers license is not the issue. If it is not a motor vehicle why would you need a license. If it is a knife and not a gun why would I need a pistol permit? You do not need a license for a bicycle. You do not need a license for a Motorized Bicycle since it is quite clear it is not considered a motor vehicle. What are you suggesting a fishing license?

Perfect! Loquin that is the document also to add to the others. That document was given me to by DMV in Punta Gorda.
 
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