Florida Laws

Discussion in 'Laws, Legislation & Emissions' started by dougsr.874, Dec 28, 2011.

  1. dougsr.874

    dougsr.874 Active Member

    Can anyone answer this question? If you look at the Fl. Statues. Title XXlll chapter 316.003, then look at paragraph 82, it does not mention Motorized bicycles, HOWEVER, if you look at Flhsmv, (Fl Division of highway safety and motor vechiles)then look at the same statue it has an extra line in paragraph 82, that basically says you need no license and the motorized bikes cant be registered...I think that this is the same law but how can a Dept. have a law that is not in Fl. Statues....Of course I hope the Flhsmv is correct....
     

  2. CroMagnum

    CroMagnum Member

    Now here's a topic that's never been covered before.... :devilish:
     
  3. Esteban

    Esteban Active Member

    Uh-oh !! Here we go , again !
     
  4. dougsr.874

    dougsr.874 Active Member

    Oops----so Sorry I Brought It Up--forget It

    Forgive my ignorance,,,but after reading all of the previous posts the question is still there.
     
  5. KillerMaB

    KillerMaB Member

    Give us some links...
    As to what your reading into?

    Paragraph 82 talks about scooters..
    We don't have scooters...

    What's the other flhsmv link you're talking about.

    If you have a scooter looking vehicle (e.g. No pedals), with a gas engine on it, just forget about riding it without a license..

    If you have a bicycle with a gas motor on it, THEN you hit the "gray area".
     
    Last edited: Dec 29, 2011
  6. Linkzell

    Linkzell New Member

  7. KillerMaB

    KillerMaB Member

    There are also a few news articles about a couple of judges in some counties that basically ruled that gas bikes are not mopeds, nor motor vehicles..
    So it is still a grey area
     
  8. KillerMaB

    KillerMaB Member

    I sent an email to the DMV...
    Showed them the Paula Paxton case conclusion..
    (No Information/case closed/Paula not riding a motor vehicle)

    Their head lawyer emails me back with this...

    Our interpretation remains the same.* What you attach is not a judicial opinion.* It is a* "No Information" filed by the state attorney's office.* It also does not appear to reference a gas motor, just a "helper" motor.* 322.01(27)F.S. only exempts a motorized bicycle from the definition of motor vehicle if it is equipped with an electric helper motor.
    *
    Judson M. Chapman
    Sr. Asst. Gen. Counsel
    Fl. DHSMV
    850-617-3101
    617-5112 fax
     
    Last edited by a moderator: Dec 18, 2015
  9. dougsr.874

    dougsr.874 Active Member

    More info on Florida Law

    I also have the Paula Paxton case in front of me and the lawyer is right about it not saying its a gas motor. However, I also have Case # 11-2291CTMA, defendant is a Donald Burgis, Its also a NO INO filing from the same States Attorney, and this order plainly states the the defendant was driving a moped that was 49cc. A valid Florida Drivers license is not required to operate this type of transportation.


    My only reason to write my original post was that if you Google, Flhsmv.gov. then in their search box type in 316.003, then scroll to para 82, there is an extra line talking about Motorized Bicycles.., not needing a license or registration..but it does not define a motorized bicycle.
     
  10. KillerMaB

    KillerMaB Member

    Can you show us/me a copy of that..
    That would help tremendously, as I will send that to the DMV too..

    They are getting really PIS$ED off at me asking so many questions..
    LOL
    You should see the message just sent to me....

    My favorite part is underlined...
    He's asking law enforcement to affirm a law....

    NOT their job!
    (That's the legislature's job!)

    P.S. Here was my response to his email...

    For those curious...

    Here is the state law about asking the AG questions...

    Section 16.01(3), Florida Statutes, does not authorize the Attorney General to render opinions to private individuals or entities.
    (Ain't that a b1tch?)
     
    Last edited: Dec 30, 2011
  11. KillerMaB

    KillerMaB Member

    Here is the response I got.. LOL

    AIN'T THAT A BlTCH!!

    What do you think I should should send as a reply?
     
  12. dougsr.874

    dougsr.874 Active Member

    At this time I have no way to get the paper in my computer....call me and give me your address and I will mail you a copy of the order.....Doug Holmes 850-215-5212--or post your mailing address.
     
  13. KillerMaB

    KillerMaB Member

    Not a good idea to put your phone number in an open forum..
    So you have a cell that you can take a pic with and then upload it to photobucket?
     
  14. Cavi Mike

    Cavi Mike Member

    There is no straight answer in just about every state and there's a very good reason for that, it's so people don't try to pretend their 60mph motorcycle with pedals attached to it is still considered a bicycle. It's also so irresponsible people don't ride at speed on sidewalks and generally anywhere a motorbike shouldn't be in the first place.

    Ride responsibly and you won't get bothered. Ride like a hipster ******bag and it doesn't matter what you're riding, you're gonna get cited and harassed by the authorities.
     
  15. KillerMaB

    KillerMaB Member

    It also depends on what the ride looks like..

    If it looks like a bicycle with a little weed whacker motor on it, you generally won't get bothered..

    It's the ones that look like chopper moped/motorcycles and scooters, that really draw the attention of Leo.. Not to mention the ones that ride like idiots and on sidewalks at 20mph.
     
  16. KillerMaB

    KillerMaB Member

    Mopeds DO require a license.. No matter what size the engine... That's not what's in contention...

    We are NOT technically riding mopeds..

    Does the paper you have say gas and bicycle or moped?
     
    Last edited: Jan 6, 2012
  17. Gene

    Gene Member

    That's why the "ones" get tags as Mopeds.
     
  18. Gene

    Gene Member

    Bull! 49 cc is the limit for mopeds
     
  19. toms

    toms New Member

    OK guys. Here is what happened to me when I went to court. The cop lied said I was doing 32 in a 35. The law states under 20. I got screwed! Had to take a plea or do 60. From what I'm guessing it depends on WHERE in Florida you do your riding. Until the law makers get there **** together, we will NEVER know what the law is. All it takes is one idiot cop to ruin your day.
     
  20. KillerMaB

    KillerMaB Member

    Cop can SAY whatever he wants, I would think he would have to PROVE it..
    Too late now, I suppose...
    I'm guessing you didn't have a lawyer?!?
    A lawyers first question would be, what probable cause did the officer have to pull you over? Even according to his "lie", you weren't breaking the speed limit..
    (How fast were you really going?)...
     
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