florida legislation- a possible solution

Discussion in 'Laws, Legislation & Emissions' started by gottmoore, Nov 26, 2007.

  1. gottmoore

    gottmoore Guest


    this is what I found in a search for the florida legislation after getting stoppedlast week. I didnt make a big deal of it and pedaled away. I feel
    the local 5/0 quoted wrong statutes for motorized scooters.
    I will try to prove a point without creating a bad vibe, but before I go to see the man......

    I got what I think will make peace- what do you think????

    be nice I'm a newbie;)

  2. gone_fishin

    gone_fishin Guest

    i was aware of the liberal "safety" requirements down there, i flaunted them myself a few times on my K1000P (it's easy to flaunt anything on a K1000P, my zero-copay Veteran's card meant i didn't have to wear a helmet, so i didn't)...when i got rid of it, i didn't get a motoredbike, but i did pedal a nice diamondback everywhere for about 5 years straight. about twice a year i'd find myself replacing badly crunched wheels & begging the police to back me up, which never happened of course.

    anyway...you know that old o-o-l-l-d lady? the one who drives that big mercury? see how she's barely big enuff to see thru the steering wheel and over the hood? notice how she's wandering every which way? yeah, that's her...you know who i'm talking about.

    well, she doesn't know or care that it's legal to ride without protective gear. brother, she isn't even aware you're right next to her, she's too intent on making that right turn...and you know what else? she's gonna get off scott-free when she drags you under her car til you're dead dead dead...i know it, and you know it, that's the way it is down there.

    so, required or no, please consider practicing basic safety and road rules...i promise you'll be hassled a lot less by the jupiter (and pbc sherrif) 5-0 if you look like you're trying :)
    Last edited by a moderator: Nov 26, 2007
  3. gottmoore

    gottmoore Guest


    Cheers, and thanks for your response. Yep the old lady or a similar strain is still alive and well terorizing the masses. Due caution and a sense of adventure/ imminent death experience is required for even pedestrian activities let alone our brand of "insanity". A helmet and glasses is no protection from the carnage you describe. It can happen anywhere, any time, and yes the result is as typically unfair no matter what state you are in.

    100 years went by, and nothing has changed. We will always be "those idiots" to those who cannot comprehend or are "in the box" thinkers. There were people just like us back in 1907, Harley and Davidson were but the notable few. Geez, their bikes even still have a stunning similarity.

    And while I may decide to practice a differing point of view on the safety precaution topic, the possible holy grail is contained in this vast volume of legal speak.

    operation of said classification of motorized bicycle

    I have cut and pasted for this portion of topic. I really didnt know how to highlight the section on mind for the topic first post, and wanted to convey the source- the florida attorney generals office

    Here lies a portion of the topic post

    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 importantly, the Legislature did not prescribe in these special regulations for moped operators the requirements imposed on motorcycle riders by s. 316.287, F. S., which include the wearing of protective headgear and eyegear. Effectively, by reclassifying mopeds from motorcycles or motor-driven cycles to bicycles, the Legislature has said that the uniform law throughout the state is that moped operators shall not be subject to the requirements placed on motorcycles operators and riders of wearing protective headgear and eyegear and, in fact, shall be treated as bicycle operators except for the requirements of s. 316.111(14) and (15), which are special regulations or exceptions operating uniformly throughout the state and in all municipalities.

    Further evidence that the intent of the Legislature in enacting Ch. 316, F. S., was to provide uniform traffic laws and traffic ordinances is found in s. 316.007, which provides in pertinent part as follows:

    The provisions of this chapter shall be applicable and uniform throughout the state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinances on a matter covered by this chapter unless expressly authorized . . .. (Emphasis supplied.)

    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.

    Run that over;)
  4. gone_fishin

    gone_fishin Guest

    i guess i should have also added "yes, i think you're pretty much on your own, legally and physically, in florida" because i DO believe the law says so. if the cop isn't already upset about something, you should be good to go. print and laminate the relevant stuff & carry it with you.

    not sorry about sounding so preachy, tho, it was with the best of intentions. i have no choice but to respect your choice, & i'm cool with that :cool:

    "....Get a bicycle. You will not regret it. If you live." - Mark Twain
    Last edited by a moderator: Dec 15, 2015
  5. gottmoore

    gottmoore Guest

    Thanks augie

    Opposing points of view are why this place exists
    cause if we all thought alike, it would be pretty boring
    and do nothing to promote our agenda- world domination:p

    No harm, no foul :cool:

    I have to give you this- I do always ride with protective eye wear
    and I do own a bike helmet-plus I never said I was a smart man
  6. gottmoore

    gottmoore Guest

    Florida registration- The REAL deal

    The link below is not painful to follow, but was really hard to find. I feel a lot better, and so should anybody who is riding in Florida. If you have this with you when you go to the DMV, registration should be a breeze. Once I do mine, I will follow up here

    Further, operation is as decribed for motorcycles, however, no helmet or glasses are required as is listed in my other thread. That said, you really need to use YOUR best judgement on this issue.


    I tried to attach it but it was too large. Dont worry, the link is easy to follow
    Last edited by a moderator: Dec 3, 2007
  7. srdavo

    srdavo Active Member

  8. jtotton770

    jtotton770 New Member

    Never never say moped I repeat NEVER NEVER NEVER SAY MOPED YOU ARE NOT A moped .
    FL LAW PROVIDES THE KEY IN DEFINITION OF A BICYCLE . STAY UNDER 50CC YOUR GOOD TO GO /. THE fist time you say moped your done . You ARE a bicycle remember . If its eye protection use it .
    Last edited: Feb 20, 2008
  9. pokerhelper

    pokerhelper New Member

    Do not be selfish. NEVER wear a helmet. Wearing helmets has a very negative impact on the availability of organ donors, and we want to help as many people as we can, don't we? :shock:
  10. jimmypodunk

    jimmypodunk New Member

    seems like if it goes less than 20 mph and is 49cc or less it's a bicycle. If it goes over 20 but less than 30 mph then it's a moped by definition.
  11. sangesf

    sangesf Banned

    In terms of Titles and Registrations, it IS considered a Bicycle

    For Licensing (Driving) and Traffic Control situations, it's considered a Moped. It does not and CAN NOT be titled or registered (in ANY municipality), but you still need a DL to ride a Motorized (gas) Bicycle on the road for 95% of the towns/counties in Florida.

    There are a few exceptions in Florida where you can ride a Motorized (gas) Bicycle without the need for a DL, but there are VERY FEW!
    (To find out if your town is one that allows Moped riders to not require a DL go to municode.com.)

    The topic referring to Florida's legalities of Motorized (gas) bicycle has been discussed time after time....

    The above paragraph is the ultimate answer to all and any questions about Florida.

    Be aware that some of the things posted earlier are from more than 20 years ago and the statutes they refer to have been changed and edited, however as stated earlier in this post, there are a few municipalities that have yet changed their local laws so you'll be good to go in those cities.
    Last edited: Jul 14, 2009
  12. ZnsaneRyder

    ZnsaneRyder Member

    If you don't have a license, or a tag, don't even think about riding a MB in FL, just ask me how I know.

    The state wants to put me in jail for 60 days for a bicycle, but first-time suspended-license offenders in cars, in the same courtroom as me, with the same judge, just get offered a fine, and an offer to reinstate their license.........WTF

    In other words, the state will come down harder on you if you have a bicycle. I had an undercover tell me the number of cc's don't even matter, and you have to be electric only, but even then, they will "routinely" stop ANY motorized bicycle to check you out. Talk about PROFILING!!!

    IMO, it's best to get a license, and lie to the DMV and tell them it's a moped or motorcycle to get a tag, because if you tell them it's a bicycle, they won't help you. FL SUCKS!


    You will get watched like a hawk by police in FL on any bicycle, motorized or not. Even on my pedal-only bike, I get watched by cops, and even had some floor it while riding really close to me to scare me in the bike lane. I'm planning on getting a good camera ready to catch these illegal azzh0les. :evilgrin:

    Also the other day, when walking across the road with the walking sign saying it was OK to WALK, I almost got hit by a cop car, while I was on foot!!! :shout:

    Good luck, and safe riding folks. FLORIDA SUCKS, and not just because of my experiences, but MANY here that get unjustly picked on by the PIGS (People In Green Suits)

    They are getting more corrupt, and they are getting away with it, unless we the people WAKE UP and do something about these CRIMINALS with a lucky LEO job!
    Last edited: Jul 16, 2009
  13. sangesf

    sangesf Banned

    What happened to you? This is the first I've heard from you in a while....
  14. ZnsaneRyder

    ZnsaneRyder Member

    Well, despite things we said, you were right in so many ways about the cops, despite the technical differences of the machines we ride. They should have never f'ed with you on your electric bike, and they really don't like my bike. I was going probably all of 15mph taking a turn when I got pulled over by an UNDERCOVER in a RED IMPALA!

    Both times I have had major trouble with cops, it was UNDERCOVERS in IMPALAS every time!


    BTW, they quoted a FL statue about bikes having to be electric to not require a license, but they still will check you out. It's messed up. I'm now planning to build an Electric/Gas Hybrid motorcycle in the future, and I want OUT OF FLORIDA!

    Good luck to you sangesf, and to all the other ryders out there. It's a rough world, when you are just trying to make it in life.
    Last edited: Jul 16, 2009
  15. ZnsaneRyder

    ZnsaneRyder Member

    I have to quote this, because other riders need to see this again!

    It's stupid that a bicycle can be considered both a Bicycle AND a Moped, but in FL, that's how they take it, so beware folks, and enjoy your riding.
  16. sangesf

    sangesf Banned

    The gas / hybrid is a good idea. The main problem with it is shock proofing the gas generator. I've tries a milion ways to do it and the problem is either not enough shock protection or too much and it overheats. If you can find a viable way of doing it let me know.

    Just remember, don't have the "hybrid" bike, electric AND gas motorized, have it use a gas generator to provide electrical power to re-charge a battery which powers an electric motor and even then it might still be considered a moped by the legislature.

    What did the cop do after he pulled you over and what did the judge say?
    Last edited: Jul 16, 2009
  17. ZnsaneRyder

    ZnsaneRyder Member

    I have another court date, so we'll see what happens, but I'm not going to jail again for riding my bike, screw that.

    I wouldn't recommend gas anything, despite electric, generator or not, because I told the cop I need the gas engine as a generator to charge my lights, and the cop said, if it's even found idling, I'll be taken to jail if found riding again, and that he was going to spread the word to the other Polk County cops in the area!!! He also asked me if I had any drugs or weapons on me, or if I was trafficking anything! I just had clothing and food on my trailer!!!!

    Stay away from Polk (Meth) County! They assume everyone is a criminal running drugs!

    Be careful all FL riders!
    Last edited: Jul 16, 2009
  18. sangesf

    sangesf Banned

    I guess the Nazis control the Polk county sherrif's dept. When's the court date? If I'm in the area and/or have time to, I'll go to court too to give you some moral support.
    (plus ride my electric bike around the court house for hours just to **** them off and there's nothing they can so about it. Lol
  19. davidsis

    davidsis Guest

    I thought this idea up about a year ago and I think it is briliant. A lot of places will allow you to register your bicycle at the police station for theft purposes. Register your bicycle at the police station. Then put a motor on it. Now it is registered as a bicycle for sure, and has to be a bicycle. Also check your city ordinances here in Daytona there is a city ordinance that says a motorized bicycle is okay. Here is how you can check the city ordinance. http://www.municode.com/RESOURCES/OnlineLibrary.asp
  20. moondog

    moondog Member

    how to register a moped in Florida

    (77) MOPED.—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.

    Take a copy of this with you :

    In Florida a motorized bicycle is a bicycle with an electric motor.

    A moped is a bicycle with an internal combustion engine 50cc or less.

    A motorized bicycle (electric motor) does not need a tag and you don't need a drivers licence to ride it.

    A moped requires a drivers licence and tag.

    Quote :Accordingly, I am of the opinion that Chapter 08-117, Laws of Florida, authorizes the imposition of a $1,000 traffic fine for the failure to keep both wheels on the ground while riding a motorcycle or moped and for the failure to have the motorcycle or moped license tag properly affixed.


    So, don't get caught doing a wheelie without a tag ! Big fine ! ! ! :annoyed:
    Last edited: Jul 20, 2009