florida

[sangesf]

abstract: (27) "Motor vehicle" means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s.
You say
well a Moped is not a "Motor Vehicle" either,
Where does it say a Moped is not a motor vehicle?
Clearly it is because it has not been excluded as motorized bicycles have been in the above definition.

The above is useless to the argument, it's another miss-direction to the topic on hand....

But so you have it, here is where I found it is exempted...
Here it is again...

This is in the laws for State Uniform Traffic Laws...

(21) MOTOR VEHICLE.--Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped

Right there it states a Moped is NOT a Motor Vehicle.

Last time I'm going to show it.

Whether a Moped is a Motor Vehicle or not, makes NO difference, since either way you need a DL to ride a Moped.


Any time you put a less than 50cc engine on a bicycle, it BECOMES A MOPED.
(You put the gas motor on it and the description of a bicycle changes to a moped) Just like if you added a chamber for a bullet and a firing mechanism on a knife, it's description changes to a gun, it is NO LONGER a knife.

Perfect analogy...
A Bayonette = the knife at the end of a gun
A Moped = Gas engine on a Bicycle.

When you stab someone with the Bayonette, you stab them with the KNIFE, you aren't shooting them with the knife, you shoot them with the gun.

When you are riding the bicycle with the pedals, you are using a bicycle, when you use the motor, you are riding a moped.


Here is a quote of what a said earlier

As a matter fact, in those terms, when describing the Vehicle being used (i.e. A bicycle with a gas motor under 50cc's) under the definitions used in the STATE UNIFORM TRAFFIC CONTROL (i.e. That's the laws describing vehicles (or their exemptions) that you need a DL for use on a public road (and other laws pertaining to public roads)) that the description of a bicycle with a gas motor is the same as the definition as a moped and hence, since you need a license to ride a Moped on a public road, you need one for a gas powered Bicycle too.

Quoted below is the applicable part of the SUTC...

(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.

Face it, The above EXACTLY DESCRIBES A BICYCLE WITH A GAS MOTOR ON IT! It's a Vehicle, it has pedals, has a seat, has two wheels, has a motor, with an ICE. Let's be realistic, shall we?



Whether or not the cops know that (in the case of the guy saying NONE of his friends have DL's and they've been stopped with no problems) is another story. FYI, That's AWESOME for them.

I'm done with this thread, this has been stated like 23039048384080 times... If you put a gas engine on any type of vehicle, you need some form of a DL to operate it on a public road.
'nuff said.

 

[Gene]

Last time I'm going to show it.

Promise?

 

[eastwoodo4]

man im geting f around.

last time i went to the court house to get a tag they gave me a # to call for vehicle inspection.the officer i talked to acted like it wouldnt be a problem.she made a few phone calls and called me back.she says go to the court haouse and have them call talahassee help line.i went back up there and they said that there higher ups said no tag.they said they know about my friend[kawasaki999] getting a tag and talahassee wasnt happy about it.they couldnt give me a reason for not giving a moped tag to me other than higher ups said no.what now?

 

[Nuttsy]

Welcome to FLORIDUH!

These ****** bags couldn't find their *** with both hands tied behind their backs. NO MORE PHONE CALLS! Get their statement in a LETTER. Which means you'll have to write 1st. Did you get the name/office of the person?
Personally, I am not worried any more about legalities. I was scared to death when I 1st started riding because I pass through Largo a lot. A town known for nut-bustin' cops with waaay too much time on their hands. I have personally witnessed a couple of incidents of pedestrians and bicyclists getting citations for boopkis offenses where even Barny Fife would have given a simple warning. Anywhere else I go, I ride right by local and county guys. They don't even bat an eye. A couple of times per week I pass the Clearwater PD. Some watch me pass with their mouths agape or give me a thumbs up.

The way I see it is this; IF I get stopped and cited. I'm going to court. If a judge finds against me (or for me) I'm getting the decision in writing. Then I will carry the "FOR" decision with me ALWAYS. Or carry the "against" decision to DMV and let them deal with it. Yeah, it may cost a fine, but then there will be a definite ruling. End of story.
Good luck with your endeavor, though.
WC
BTW, I'm really curious why they wouldn't be "happy" about Craig's tags. What's to be happy about? That tells me they don't even want to be bothered with these machines. YAY!+++++++

 

[duivendyk]

As I pointed out in a previous post,according to the DMV's own definitions your vehicle definitely is a 'moped'.,even if it does not look like one phenotypically,thus requiring it to be licensed.The DMV does not define an MB,but says they need NOT to be licensed.The only extant legal definition of an MB (according to the State Legislature) EXCLUDES bicycles powered by IC engines indirectly, by only including electrically assisted bicycles.MB's would be considered 'mopeds' if they met their definition of such a vehicle I presume,(the definition of the DMV agrees with this).If not,I would be forced to conclude that they would be classified as 'motorcycles'.What the cops make of all of this,is anybody's guess.Consult a soothsayer for appropriate guidance.

 

[sangesf]

Any update from the OP yet?

 

[eastwoodo4]

ive pretty much given up.if i go to jail im gonna tell them in court they wouldnt let me tag it.but theyve let others tag theres.

 

[duivendyk]

Is it known what the charge was?,operating an unlicensed vehicle? I looked through the thread,you were operating what according to the Legislature in Talahassie is a 'moped' and that therefore needs to be licensed ,but which the DMV refuses to license because to them it does not "look" like a moped. You are between a rock and a hard place,that is between the DMV and the Lawgivers.May be this is a sneaky ploy by the DMV to get motorized bicycles off the road!.Force you to commit a criminal offence&get you convicted !!

 

[sangesf]

Is it known what the charge was?,operating an unlicensed vehicle? I looked through the thread,you were operating what according to the Legislature in Talahassie is a 'moped' and that therefore needs to be licensed ,but which the DMV refuses to license because to them it does not "look" like a moped. You are between a rock and a hard place,that is between the DMV and the Lawgivers.May be this is a sneaky ploy by the DMV to get motorized bicycles off the road!.Force you to commit a criminal offence&get you convicted !!

LOL, He's not going to jail.

If the WORST is driving an unlicensed moped, the worst I think they would do is just give him a fine and send him on his way.

 

[duivendyk]

I don't live in Florida,not unhappy about it either,this poor guy is probably getting railroaded. There must be some Legal Eagle among Florida members with contacts, to put pressure on the DMV to mend its illegal practices.