Florida law that may help you understand

Discussion in 'Laws, Legislation & Emissions' started by bucvoss, Jul 9, 2008.

  1. bucvoss

    bucvoss Member


  2. eastwoodo4

    eastwoodo4 Member

    what does this mean ?

    On 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 of
    bicycle/mopeds. More

    On 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.
    Debra
    Floyd
    Daytona Beach Police

    Under 21 need license maybe??????

    Disclaimer
    Please be advised David Sisung is in no way, shape or form responsible for any damages, injuries, mishaps accidents or death caused by the use or operation of these motorized bikes.
     
  3. HOMEYYYGG

    HOMEYYYGG New Member

    ummmm

    not trying to be smart, but can someone put this in plain english please:shock: would like to know if i need a license to ride my motorized bike?
     
    Last edited: Aug 10, 2008
  4. ZnsaneRyder

    ZnsaneRyder Member

    It would be awesome if a BUNCH of 12 year old kids were out riding motorized bikes, because you can't license them.
     
  5. bucvoss

    bucvoss Member

    16 years of age to operate a motorized bike gas or electric in Florida
     
  6. sangesf

    sangesf Banned

    Motorized gas bike = Moped
     
  7. ZnsaneRyder

    ZnsaneRyder Member

    My ride is not a Moped, or even a Motorized Bicycle! I have a NON-Motorized bicycle with a Self-Propelled trailer. Best part is, there is NO laws about self-propelled trailers! NONE, ZERO, ZIP! The laws are not open to interpretation, it either is against the law if mentioned, or it's not.

    Trying to place something that fits in NO category is interpretation, and not actually following the law.

    I love my ride. I can take the trailer off any time and ride my bike, and re-attach the trailer when I want to. There's nothing against the law about BEATING THE SYSTEM!

    Hey, why don't you get you a gas trailer for your electric bike, I promise you will love it.
     
  8. sangesf

    sangesf Banned

    Self-Propelled trailer = Does NOT provide motion to the bicycle.
    If you are using that trailer to provide motion to the bicycle... (i.e. It is part of the drive train (e.g connected the frame), while you are riding the bicycle, then you are in possession of a moped)

    I'm also betting that you have a valid drivers license, so that even IF it would be considered a moped, it is still legal for you to ride it.
    (Just because you can't register it as a Moped for Traffic Law regulations, that does NOT mean it's not considered a Moped under Driver License Law.)
     
  9. ZnsaneRyder

    ZnsaneRyder Member

    That's simply your uneducated interpretation. NOWHERE stated by law. The law has no mention of bicycle trailers AT ALL, like I just said! If my trailer is self propelled, how would it go without the bicycle? The trailer does not go by itself, LOL!

    Wrong again. The Drivetrain or Powertrain is not a frame in any form. My drivetrain is my Clutch, Belt, Pulley, and Axle on the trailer. The bicycle does not have drivetrain powered by the engine at all.
    Regardless if I have a valid license or not, there are LOTS of people out there riding that would LOVE to have a license, but until they get a job, they can't afford one. Just because you lost your license, doesn't mean you have to be jealous of other people that have transportation that does not require one. Instead, be proud of them and learn from them. Are you out to ruin the MB cause?

    Are you teaming up with diveondyck to bring this forum down?

    I WILL DEFEND MBC AND OUR RIGHTS TO RIDE!
     
    Last edited: Feb 24, 2009
  10. sangesf

    sangesf Banned

    ROTFLMAO... Are you NUTS?!?!?

    Ok, let's take your ENTIRE argument in one big fell swoop...

    If you're not using the trailer (and we BOTH know it's a PUSH trailer, and the fact, that you're not stating the fact that you're using the trailer to PUSH the BICYCLE is conspicuous - but lets says it's NOT!) Lets say you're using the trailer for something else... YOU are controlling it, whether by Throttle or Clutch or whatever (I don't care if it's even a remote control).. The FACT is, if YOU are controlling it, and YOU'RE riding the part that it's motorizing OR being pushed by it, then you are RIDING it also, and it utilizes a Gas engine,so.. YOU NEED A DRIVERS LICENSE!
    You keep saying I'm bending my arguments to fit the law, but some (if not EVERYONE) would say, that YOU are "trying" to skirt the law, instead of following it, JUST so that you can be a rebel.

    Lets face it, what it ALL boils down to is the fact, that since the motor of that ENTIRE contraption (bike and "trailer") is not necessarily within 3 feet of you, that YOU consider it a separate entity. We ALL know, you're full of it. Hate to tell you but law is SUPPOSED to be interpretive, and you are aware that any NORMAL person would consider it ONE vehicle, whether or not you want them to think it is not.

    Oh and since you love definitions from Wikipedia, you might like this one...

    I didn't want to turn it into an argument, but you want to go there. Just face facts, you're bike/"trailer" would be considered at least a Moped, if not a Motorcycle (given it's CC's) or maybe even an "automobile" (given it utilizes 4 wheels)

    My .02
     
  11. ZnsaneRyder

    ZnsaneRyder Member

    Enough BS, I always state it pushes me, just look at my 25-page thread called "6.5HP Bicycle Pusher Trailer". I state facts, and have everything to back them up.

    The trailer is pulled by a powered vehicle, MAN power. So what if I have the option for it to push me as well. Even a non-powered trailer pushes the vehicle in front of it when you stop pulling it! That's right. It's still a trailer by definition, regardless how you try to twist it.

    And the law is not meant to be interpreted, it's meant to be complied with. If they made a law about motorized push trailers, I'd have to comply with them, but until then, I'll take full advantage of the freedom!

    "we ALL know you're full of it" Oh, so you are the spokesperson for everyone now, HAHAHA horrible claim of social proof there. Got any more psyche tricks for an Znsane person? hahaha!

    I don't give a hoot about what you claim any "Normal" person may do. Apparently normal people think it's a pressure washer too, does that mean I can wash houses with it? Normal is a relative word, it doesn't mean jack.

    Just accept the fact we (I mean "we" as in riders here) will continue to ride, and we will get our licenses as need be, and you don't have to be authoritarian about it, being you have no authority anyway. Just let it be, and let us ride. You can't tell us what to do.
     
    Last edited: Feb 25, 2009
  12. sangesf

    sangesf Banned

    I called the Florida Statute (legislature) group and they told me, that the laws that are in place (in terms of Motor Vehicles and Driver's Licensing) are meant to be interpreted by the Highway and Safety Motor Vehicle department for use in determining the aforementioned. (They went so far as it call it "guide lines to be interpreted", THEIR TERMS, not mine.), so unfortunately, you're wrong about that.

    And what if, you have a Pinto attached to your bicycle? So lets see, you start up the car's engine, then start riding your bicycle and start pulling the car, then at some point, you stop pulling it and have gas applied to the Pinto's engine from a control on your bicycle, so now you are controlling the automobile's motor with the control, so with your statement, you don't think you're driving a car, you're calling it a pusher-trailer? NO? You just happen to be sitting on the bicycle in front of it, controlling the direction of travel. (albeit, probably with limited action). It's behind you, you were pulling it with human muscle power (so by your definition, it's considered a "trailer"), but now you're tired and you start the car's engine/motor and have it push you and now you can go even 400 miles without refueling! That, my friend is a what you are considering a non-motorized bicycle? That's not a non-motorized bicycle, that a car pushing a bicycle, although that's a strange way of doing it.

    Get Real.
    (Now I know that it's a little exaggerated, but that's basically what you are saying.)
    And YES your idea is a different mode of transportation that you believe hasn't been identified as of yet, but it's A LOT easier to just buy an electric motor and put it on your bike then to have a motorized pusher trailer that is only allowed to push you 20mph anyways.


    One other guy who posted, said it the best... The current state of affairs is most likely, if it looks like a duck and acts like a duck, then the powers that be (DMV) consider it must be a duck. So, basically, you've gotten to the point (at least in the area's that you travel) to have everyone saying, you're riding a duck! LOL

    Good luck with that, and hopefully you can continue with your travels, safely, within a normal speed and not be bothered too much more.

    Good ingenuity and hopefully it will give you many miles of travel.
     
    Last edited: Feb 25, 2009
  13. stealthc9

    stealthc9 Member

    holy **** thats priceless!!!! DIVEONDYCK AND SANG NEED TO BE BANNED


    i lost my license and now ride a mb til i get the license back finally i just bought a ninja 250 that i commute to the store with
     
  14. sangesf

    sangesf Banned

    Actually there is another thread (which you've posted on) and if you've ACTUALLY read that other thread, you would know where we are at with that.


    Regardless, if you are riding a bicycle with a gas motor attached to it, it's considered a Moped in terms of driving it on a public road and therefore you need a DL to ride it legally on said roads. (whether it needs to be tagged and or registered is a topic for a different thread, not this one)


    Make any and all claims you want, twist the way you're using it any way you want, try to fake out everyone and anyone you want... In the end, either use an electric powered motor to propel your bicycle, stay under 20mph, where you don't need a DL or put a gas motor on it and go up to 30 mph and drive it legally with a DL or drive it (illegally) without a DL and get one over on "The Man".

    Face it, if you're like me and did something to lose your license, then you need to pay for your mistake (like I did) and either clear it up and get your license back or don't clear it up. If someone did something wrong to lose their license, they have to pay for it. Deal with it.

    Look at it this way, if the posted speed limit on a highway is 55 and you're doing 60mph (and who doesn't go at least THAT fast), you're doing something illegal. Just because a police officer won't pull you over for only doing 5 mph over the speed limit, that doesn't make what you're doing legal, now does it? No of course not.
    If you don't like the laws of the state you live in, either try to get them changed or move to a state where the laws are more to your liking.

    My .02
     
    Last edited: Mar 4, 2009
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