View attachment RS-68.pdfCut and dried, but you'll continue the tirade regardless,...
Don't know if the pdf attaches here so here is the text:
Florida
Department of Highway Safety
and Motor Vehicles
Division of Motorist Services
PROCEDURE SUBJECT:
RS-68 BICYCLE WITH A GAS MOTOR (DEFINED AS A MOPED)
DESCRIPTION AND USE:
THIS PROCEDURE PROVIDES INFORMATION AND INSTRUCTIONS TO ASSIST TAX
COLLECTOR EMPLOYEES, LICENSE PLATE AGENCY EMPLOYEES, AND THE DEPARTMENT OF
HIGHWAY SAFETY AND MOTOR VEHICLES IN PROCESSING A REGISTRATION FOR A BICYCLE
WHICH HAS BEEN ASSEMBLED WITH A GAS (NOT ELECTRIC) MOTOR.
I. PROVISIONS OF LAW:
Section 316.003(2), Florida Statues, defines bicycle as every vehicle propelled solely by human power,
and every motorized bicycle propelled by a combination of human power and an electric helper motor
capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon
which any person may ride, having two tandem wheels, and including any device generally recognized
as a bicycle though equipped with two front or two rear wheels. The term does not include such a
vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its
highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon
a motorized bicycle.
Section 316.46, Florida Statutes, states that no person may operate a moped that does not conform to all
applicable federal motor vehicle safety standards relating to lights and safety and other equipment
contained in Title 49, Code of Federal Regulations. A violation of this section is a noncriminal traffic
infraction, punishable as a nonmoving violation as provided in chapter 318.
Section 320.01(1)(a), Florida Statutes, defines motor vehicle as an automobile, motorcycle, truck, trailer,
semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this
state, used to transport persons or property, and propelled by power other than muscular power, but the
term does not include traction engines, road rollers, special mobile equipment as defined in s.
316.003(48), vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.
Section 320.01(27), Florida Statutes, defines moped as any vehicle with pedals to permit propulsion by
human power, having a seat or saddle for the use of the rider and designed to travel on not more than
three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of propelling the
vehicle at a speed greater than 30 miles per hour on level ground, and with a power-drive system that
functions directly or automatically without clutching or shifting gears by the operator after the drive
system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic
centimeters.
Revision(s) to this Procedure: New Procedure.
.
EFFECTIVE DATE REVISION DATE PAGE #
Immediately 05/12/14 RS-68-01
STATE OF FLORIDA
Division of Motorist Services
PROCEDURE # SUBJECT:
RS-68 BICYCLE MOTORIZED WITH A GAS MOTOR (DEFINED AS A MOPED)
II. GENERAL INFORMATION:
A. This procedure (RS-68) is applicable when a gas motor/engine kit has been installed on a
bicycle frame and the motor:
- Is not rated in excess of 2 brake horsepower
- Is not capable of propelling the vehicle at a speed greater than 30 mph on level
ground
- Displacement does not exceed 50ccs
NOTE: If all of the above applies, the vehicle would fall within the classification of a moped.
Therefore, it would be required to be registered, but not titled.
B. The operator of a gas powered bicycle (moped) is required to follow the rules of the road
and safety equipment requirements of section 316.208, 316.2085 and 316.211, Florida
Statutes.
C. The customer must be directed to a Division of Motorist Services (DMS) Regional Office
in his/her region. A compliance examiner will inspect the motorized bicycle and if it is
found to be compliant as a moped, a VIN decal will be assigned. The Regional office will
then issue a registration and motorcycle license plate to the gas powered bicycle (moped).
D. When a gas motor/engine kit has been installed on a bicycle frame and the motor IS rated
in excess of 2 brake horsepower and its top speed exceeds that for a moped (greater than
30 mph) on level ground, the vehicle would be classified as a motorcycle. Therefore, it
must be titled and registered. See DMS Procedure TL-43 for assembled from parts
instructions for a motorcycle.
E. The agency should direct the customer to law enforcement if there are any questions as to
where the motorized bicycle can be used.
F. ASPT (assembled from parts) is a designation used for bicycles that are assembled with a
new or used gas motor, and placed on an existing frame.
The motorized bicycle must be in its completed state before a VIN decal will be assigned
for registration purposes. The bicycle owner must contact a Division of Motorist
Services (DMS) Regional Office in his/her region to have the bicycle inspected.
The owner should be prepared to give the DMS Compliance Examiner all the original
documents.
If the application is rejected, the DMS Compliance Examiner will hold the paperwork
until the reason for the rejection has been satisfied.
NOTE: An initial inspection fee of $40 will be charged; subsequent inspection fees (if
applicable) are $20 per inspection.
PAGE #
RS-68-02
STATE OF FLORIDA
Division of Motorist Services
PROCEDURE # SUBJECT:
RS-68 BICYCLE MOTORIZED WITH A GAS MOTOR (DEFINED AS A MOPED)
III. DOCUMENTATION REQUIRED AND SPECIAL INSTRUCTIONS:
The bicycle (moped) will be registered with "ASPT" as the MAKE and the model YEAR will be
the year the bicycle (moped) is assembled. An "FLA" (Florida Assigned Vehicle Identification
Number) decal will be assigned by a DMS Compliance Examiner to the bicycle (moped) when
the bicycle is inspected and found to be in compliance with Federal safety standards (see section
316.46, Florida Statutes). The Regional Office will maintain all original documents.
Mopeds used on the highways of this state ARE required to be registered; however, they are
NOT required to be titled.
The following documentation is required to qualify the motorized bicycle (moped) for
registration through the Regional Office:
A. Form HSMV 84490, Statement of Builder, accurately completed, by the applicant and the
DMS Compliance Examiner. The new "FLA" number (which was assigned by the DMS
Compliance Examiner) must be included on the form.
B. The original bills of sale or receipts with name, address, and signature of the seller for all
major component parts (when applicable). The identification number (when applicable)
for each major component part used to assemble the moped must be shown on the bill of
sale/receipt for that part. The bill of sale or receipt for the engine must also include the
year of the engine. Receipts/bills of sale must be in the name of the applicant/builder.
Bicycle/moped major component parts are defined as:
1. The bicycle frame.
2. The gasoline motor (2 brake HP or less and does not exceed 50CCs).
NOTE: If the motor exceeds the 2 brake HP and 50 CCs, it would be considered a
motorcycle. See DMS Procedure TL-43 for assembled from parts instructions for
a motorcycle.
C. An "Affidavit For Inspection of a Motorized Bicycle Converted to a Moped" signed by
the customer. See Exhibit A.
D. Florida sales tax, when applicable. Sales tax must be collected according to the purchase
price of all component part bills of sale where sales tax was not already collected.
E. Registration Fees.
NOTE: When the registration transaction is processed by the Regional Office, he/she must enter
the Region number who inspected the vehicle and the audit number of the FLA decal
affixed to the moped in the "Comment Desc. Field.
PAGE #
RS-68-03
STATE OF FLORIDA
Division of Motorist Services
PROCEDURE # SUBJECT:
RS-68 BICYCLE MOTORIZED WITH A GAS MOTOR (DEFINED AS A MOPED)
IV. MISCELLANEOUS INFORMATION:
A. Assigned "FLA" decals must be placed on the frame of the motorized bicycle (moped).
B. Remove the red and white decal from the clear laminate strip and affix. Slice through the
decal before placing the clear laminate strip on top of the decal.
C. Applicants are responsible for scheduling an appointment with a DMS Compliance
Examiner for examination of their documents.
D. The odometer reading on a motorized bicycle (moped) that has been assembled from
parts will be branded NOT ACTUAL MILEAGE.
E. An "Affidavit for Inspection of a Motorized Bicycle Converted to a Moped" is attached
as Exhibit A.
F. A list of Questions and Answers (Assembled From Parts) is attached as Exhibit B.
PAGE #
RS-68-04