Florida Motorcycle Laws and Definitions

[sangesf]

sanjesf, Did you not read my post??? What do you not uderstand ? Motor assisted bikes and mopeds are excluded from the term motor vehicle. They are not motor vehicles!!!!

I think you a misunderstanding my point.

The point I was trying to make, was that in order to ride a MOPED (NOT a motor assisted bicycle) on a public road...

YOU NEED A DRIVERS LICENSE!!!

Whether or not it's legal to HAVE one or what it's definition is means NOTHING. You can't ride it on a public road WITHOUT a drivers license, is the point I was making.

And if you think you can ride one ON A PUBLIC ROAD WITHOUT A DRIVERS LICENSE, SHOW ME THE STATUTE THAT STATES SO, and I will believe you.

Here is the state law...

Mopeds

State legislators define a moped as a vehicle fitting all of the following criteria:

* Pedals that allow you to propel the vehicle

* A seat for the rider

* Three or fewer wheels

* Motor of two-brake horsepower or less

* Maximum speed of 30 mph on level ground

* Automatic power-drive system

* Displacement of 50 cc or less (for those with an internal combustion engine)

Mopeds need to be registered at a county tax collector office. The registration fee is $19.10, and you must renew your registration every year.

You'll receive a motorcycle plate for your moped. If you're under 21 and the registration is in your name, your plate will have a distinctive design and color.

Moped drivers need to have at least a Class E driver's license, and be 16 or older to drive a moped on a public road. A motorcycle endorsement isn't required.

You will not be allowed to ride your moped on bike or foot paths. All passengers under 16 must wear a helmet.

Moped drivers aren't required to carry Personal Injury Protection insurance.

Be aware that moped drivers have the same rights and responsibilities as other motorists. And, yes, moped drivers can receive traffic tickets, too.

Show me a state law or new amendment that changes that and I will go out TODAY and buy a 49cc engine, add it to my bike and will be do 30 mph EVERYWHERE in Florida.

 

[kawasaki999]

Everything you said is true about a moped, but a motor assisted bicycle does not require a licence abd you can ride it any place you ride a bicycle and that includes the road.

 

[sangesf]

Everything you said is true about a moped, but a motor assisted bicycle does not require a licence abd you can ride it any place you ride a bicycle and that includes the road.

His point was that he was trying to say his MOPED was a BICYCLE.

People come to wrong conclusions based on the conflicting information available from the DMV (which most people check) and the state code (which people only check if they’re in a legal bind or are incredibly anal). State law is not exactly light reading and the fact that Florida can’t get its story straight doesn’t help matters.

I’ll try to clear this up one more time, then I’m done.

There are two definitions for a “Motor Vehicle” in the statutes. The one you’re basing the “no license” stance on is in Chapter 316 – 316.003(21) and 316.003(77). This is fine for all traffic laws and such.

However, in the statutes concerning driver’s licenses, Chapter 322, there is another definition, 322.01(27) which does NOT exclude mopeds. You will see that at the very beginning of 322.01, “Definitions”, it states that these are Definitions AS USED IN THIS CHAPTER.

This means that for the purposes of licensing, mopeds are NOT excluded and drivers must therefore be at least 16 years old and hold at least a Class E license.

 

[BrettMavriK]

Nope.......
It's a BICYCLE with a Trailer.
The bicycle has 2 wheels regardless if the trailer had 16 roller skate wheels on it. The motor doesn't matter. It's a bicycle.

'BrettMavriK

It does not matter what one chooses to think,the pusher-trailers fit and don't not fit the following legal categories:
1) it is a 'motor vehicle' according to 316.003 par. 21,that it is an articulated vehicle is immaterial.
2) it does not meet the definition of a bicycle or motorized bicycle according to 316.003 par.2
3) it is not not a moped either according 316.003 par. 77
4) it is not a motorcyle either since it has 4 wheels.
The only applicable legal category is the one of 'motor vehicle' and the assertion made that this vehicle is in legal limbo is not tenable,the circumstance that it does not have the normal attributes of a 'motor vehicle' is legally irrelevant.The LAW is blind.
Keeping a low profile in Florida is the smart thing to do, as it is in most other places,therefore don't go around attracting the attention of the cops with outlandish, overpowered MB's.

 

[BrettMavriK]

It doesn't matter how you want to argue WITH what the law states.......

You can't argue with the head of the DMV.
"They are and will be treated like BICYCLES on the road, motor running or not."

The final word from the top man:
WE HAVE BICYCLES AND THEY ARE NOT MOTOR VEHICLES.

period.

'BrettMavriK

His point was that he was trying to say his MOPED was a BICYCLE.

People come to wrong conclusions based on the conflicting information available from the DMV (which most people check) and the state code (which people only check if they're in a legal bind or are incredibly anal). State law is not exactly light reading and the fact that Florida can't get its story straight doesn't help matters.

I'll try to clear this up one more time, then I'm done.

There are two definitions for a "Motor Vehicle" in the statutes. The one you're basing the "no license" stance on is in Chapter 316 - 316.003(21) and 316.003(77). This is fine for all traffic laws and such.

However, in the statutes concerning driver's licenses, Chapter 322, there is another definition, 322.01(27) which does NOT exclude mopeds. You will see that at the very beginning of 322.01, "Definitions", it states that these are Definitions AS USED IN THIS CHAPTER.

This means that for the purposes of licensing, mopeds are NOT excluded and drivers must therefore be at least 16 years old and hold at least a Class E license.

 

[sangesf]

It doesn't matter what the Head of the DMV states.
It's a judge and court (Including state LAW) that matters.

I'm still waiting on someone to tell me you can use a bicycle with a gas motor on it (no matter what displacement) and CAN be used WITHOUT a drivers license and PROVE with LAW that states it.

I've stated the laws (with examples) and everyone keeps coming up with anecdotal (personal) responses. Anecdotes do NOT prove anything.. Just because you got away or didn't get away with something doesn't make it legal.

FYI (off-topic).. The DMV can NOT take away driving privilages ONLY a JUDGE can do that.

P.S. You are right (I was incorrect) your MOPED (it is still NOT a bicycle) is NOT considered a MOTOR vehicle, but you still NEED a DL to use it on public roads.
Until someone can prove it to me with an UPDATED LAW, I am NOT going to add a motor to my bicycle (turning it into a moped) and ride it around, because I don't have a DL.

Everything you said is true about a moped, but a motor assisted bicycle does not require a licence abd you can ride it any place you ride a bicycle and that includes the road.

Yes, ABSOLUTELY correct.

However, the poster states his GAS powered (friction drive) motor on his bicycle turns it into a "motor assisted bicycle".

NOT TRUE!

A "motor assisted bicycle" is considered THIS as of October 1, 2008 and has been for quite a few years... (section 2. is the part I'm speaking of)

316.003 Definitions.--The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:

(1) AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the fire department (fire patrol),...yadda, yadda, yadda.

(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.

Motorized Bicycle = ELECTRIC motor, NOT GAS!
Anyone saying they have a "Motorized Bicyle" and is using gas to power the motor, is misinformed.

Nope.......
It's a BICYCLE with a Trailer.
The bicycle has 2 wheels regardless if the trailer had 16 roller skate wheels on it. The motor doesn't matter. It's a bicycle.

'BrettMavriK

From what I've read (correct my if I'm wrong), but a Pusher trailer is a Moped/Motorcyle type engine (in an enclosure) pushing against the bike to make it go faster?
If that's the case, then you're using a gas motored vehicle to push a bicycle, which in turns makes the Trailer Pusher a moped/motorcycle and hence you need the appropriate DL.

MOTOR Vehicle or NO motor vehicle (Vehicle) discussions aside, in order to use something that is Gas Powered on the open road, you NEED a DL for it.

Side Note: Now an interesting point comes to mind, what IF you had a trailer on the back of your bicycle with a gas motor on it and that DOESN'T push against the bicycle but provides electricity that you can use to re-charge your Battery on your Electric (Motorized) Bicycle? I wonder if THAT would bypass any laws. (Because then the motor does NOT provide any motion to the bicycle.)

 

[kawasaki999]

I am out of this thread! Some of us will have fun,and it appears some will not.

 

[sangesf]

I am out of this thread! Some of us will have fun,and it appears some will not.

LOL... What does THAT mean?

SOME of us would like to have LEGAL fun. I'm trying to find someone to prove me wrong, so that I can use a 49 cc engine on my bicycle and IF I get stopped by a police officer, I can give him the CORRECT AND LEGAL information and be on my way.


Side Note: (Slightly off topic), I'm going to be calling the FL DMV and find out if you can get a "Motorcycle Only" license, WITHOUT a current DL (from ANY state). If I can, that would be funny, because then I could Legally use a Motorcycle (50cc and up) but NOT a Moped (Under 50cc), nor an automobile.
Laws can be funny that way.

 

[duivendyk]

It would appear that way,also in legal tems a MB is NOT even considered a bicycle (316.003/2),logically one would infer that it either legally does not exist,that is,no laws apply,or is a moped (if it met that description),or some other kind of Motor Vehicle.The DMV goes by phenomenological criteria it seems (does not look like a moped,but like a bicycle, so it's a bicycle).The DMV is an executive agency,what it's relations are to the Legislative Branch& the Judiciary in Florida is not clear to me.
The real question is,what is the attitude of the cops ?,my take is that they'll probably leave MB's pretty much alone,unless charges are pressed in accident cases,then what the LAW states can matter a whole lot.If you attempted to register a MB as a moped but were told that this was not required, it might be advantageous to get a statement from the DMV people to that effect,just in case.

 

[BrettMavriK]

All I can say is,
I have tried to be regulated. I have tried to register.
They said there was no need.

So I go with that on the roads where I ride knowing that.
That's all I'm saying. Until things change legally and it is written,
that's all we have to go by. This wasn't meant to come down and argue
on what is just and legal; this was my experience and what my conclusion from the higher powers at the DMV have determined.

On Bicycles we ride and are governed...and we ride free from every regulation concering anything motor vehicles.

So sayeth the Florida DMV.

Pedal On...!!!
(with the the throttle twisted back a bit) =-]'

'BrettMavriK