AFAIK Motored Bikes Completely legal in Florida

Discussion in 'Laws, Legislation & Emissions' started by boyntonstu, Dec 29, 2014.

  1. boyntonstu

    boyntonstu Member

    (2) BICYCLE.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.

    No mention of gas,??

    But:The Florida Senate

    HOUSE MESSAGE SUMMARY

    Prepared By: The Professional Staff of the Transportation Committee

    [2011s1150.hms.docx] BILL: CS/CS/SB 1150 2nd Engrossed


    INTRODUCER:



    SUBJECT:

    DATE:
    Government Accountability and Oversight Committee; Transportation Committee; and Senators Latvala and Bullard

    Department of Highway Safety and Motor Vehicles

    May 4, 2011



    I. Amendments Contained in Message:

    House Amendment 1 - 376895 (body with title)

    II. Summary of Amendments Contained in Message:



    Section 5 amends s. 316.003, F.S., relating to definitions. Section 316.003(2), F.S., amends the definition of bicycle to remove the qualifier "electric" from the "helper motor"

    There you have it!

    Any size engine is allowed as long as the bicycle speed is limited to 20 MPH on the road.
     
    Last edited by a moderator: Dec 18, 2015

  2. bluegoatwoods

    bluegoatwoods Well-Known Member

    Well, it sure looks like someone introduced and amendment to Florida's motor vehicle codes. Can you be sure this amendment has passed and become law?

    But I'm even more curious about something else. Are you really a member since spring 2008, yet only have five posts?

    Where have you been all this time?:grin5:
     
  3. darwin

    darwin Well-Known Member

    Did it pass the house, senate and signed by the guvna?
     
  4. dougsr.874

    dougsr.874 Active Member

    Don't understand what you are trying to say....The latest I know of is the FLHSMV procedure RS-68..which has basically changed the reason to own or build a motorized bike......Now you new a license, lights, and pay a ton of money to have the DMV inspect it before you can get a tag.
     
  5. boyntonstu

    boyntonstu Member

    Yes, it gets better. Taylor is a full time builder and he told me that he has an e-mail from Florida that restates what I wrote above. He was ticketed and when he showed up in Court with the law info and the e-mail, the prosecutor dropped the case. I will try to get the email.

    I checked the current 2014 Statute and it still has the "electric" qualifier. Therefore, I conclude that the bill never passed. Sorry. However, I believe Taylor and it seems to be in a gray area. Not sure. I am going forward as if it passed.

    Also: The question kept coming up because different DHSMV responses (to the "persistent communications" you mention in last paragraph) and their (since revised) procedures expressed inconsistent positions about legal status of gas-assist-equipped bicycles. For example, the DHSMV response quoted in the July 2013 post at http://flbikelaw.org/2013/07/bikes-with-gas-assist-motors-something-new/ flatly stated that

    "adding a gas engine to a bicycle does not make it anything other than a bicycle. A driver license is not required. A registration is not required. You should check with your local authorities to determine where you are allowed to ride a gas powered bicycle.

    ?????????? see: http://flbikelaw.org/2013/07/bikes-with-gas-assist-motors-something-new/

    More confusion:
    Summary: Mopeds and Motorized Bicycles

    Chapter 322, Florida Statutes requires the operator of a "motor vehicle" on a highway of the state to have a valid license. As defined in Chapter 322, "Motor vehicle" is anything that is self-propelled, but does not include bicycles and qualifying "motorized bicycles. As defined in Section 316.003, "Motorized bicycle" means that the bicycle is not capable of self-propulsion, but is propelled instead by a combination of human power and an electric helper motor at a speed of not more than 20 miles per hour on level ground.


    This is his web site: http://taylormademotorbikes.webs.com/

    What have I been doing? Subscribe to "Boyntonstu" on Youtube.

    Here is a sample: https://www.youtube.com/watch?v=sMD7sa0BXpU
     
    Last edited by a moderator: Dec 18, 2015
  6. Bonefish

    Bonefish Member

    This is the latest I've heard as well, and is the reason why I'm getting out of Motorbicycling and selling my MB stuff.
     
  7. Specialx

    Specialx Member

    Yes, motorized bicycles are completely legal in Florida…
    The electric motorized bicycle as described in the Florida statute is completely legal in and upon itself.
    The gas powered one requires registration and a tag and be DOT compliant and requires a basic driver's license to be driven... (As well as a sub 30mph capability).

    Get us a copy of this supposed email and case number of his day in court...

    Also, even IF this was true (I'm pretty sure that amendment never went through) then most gas powered bikes of 35-49cc have a much higher top speed then 20mph.
    You would need a very heavy bike and a sub 28cc motor to adhere to the "under 20mph" rule...
    I had a 60lb bicycle with a 28cc motor and was still capable of 22+mph.
    So in either case, it's a "done deal", just go get it registered and be done with it.

    Also, don't you think it's a slightly possible that a guy who wants to SELL you something, might not be completely honest with you?
    Think about it...
    RS-68 completely spells out how to register a gas bicycle as a moped.... This is NO "grey area"...

    EDIT: That Bill died in committee....
    http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=45803
     
    Last edited: Jan 1, 2015
  8. dougsr.874

    dougsr.874 Active Member

    This is kinda off the record...I live in Florida, don't want to say where cause don't won't to spoil anything....A couple of months ago, after I learned about RS-68, I spoke to a Deputy Sheriff about the RS-68 rule....His reply was that the Capt. of the Sheriff Patrol & the local sheriff stated that they would NOT ticket someone on a gas powered motorized bike unless that person was creating some kind of problem...also said they could not speak to what the local city cops might do....so life goes on...
     
  9. boyntonstu

    boyntonstu Member

    You are exactly correct.

    However, let's have some thinking fun.

    You get a ticket for going 25. You ask for discovery (your legal right) to indicate how level the road was prior to the ticket and when the ticket was issued. Do you believe that the county would pay for a survey to win a speeding motorized bicycle ticket? You can use the law to win your case.

    Also, dougsr.874 makes a good point about RS-68 and Sheriff discretion.

    Do you want to register a non-commercial bicycle and have the State call it commercial?
     
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