florida

[Gene]

Illegal practices?? The DMV does not consider it a moped. For a variety of reason none of which are illegal. And with that kind of thinking I am kinda happy you don't live in Florida either. Nobody is getting railroaded. Conspiracy theories abound.

 

[duivendyk]

The actions of the DMv are in contravention of what the Florida Legislature has decided ie. that certain IC powered 2 wheeled vehicles are to be classified as 'moped's and consequently need to be licensed.The DMV is an excecutive agency that does not make up it's own laws,or is allowed to misinterpret the clear intent of the Legislature.Such actions are illegal because they deprive the citizens of the State of Florida of the right to operate a legal vehicle in Florida,by refusing to license it.This person is being railroaded because he is charged and probably will be fined because the DMV chooses to IGNORE the law.If you did not know it,this still is a Country of Laws not of arbitrary,tyrannical Executive Agencies which apparently answer to nobody and do as they please.

 

[Gene]

You are quite a hysterical fellow it would appear. I come to that conclusion in that you a non resident of Florida can make an opinion calling our DMV a tyrannical agency. The moped issue as you site in state law excludes motorized bicycles. A moped has meet certain criteria. A motorized Bike does not. To be specific. a Moped must be a commercially made vehicle that meets certain standards, is on an approved list of manufacturers, has a title and meets safety requirements. If a moped is imported without the necessary documentation it will not be registered in the state of Florida even if it is a moped. That is the law and that is the DMV regulations for mopeds. A bicycle is not a moped and does not become one if a motor under 50cc is installed on it.
So there is nothing tyrannical, illegal. And the intent of the legislature with regards to bicycles is very clear. So you are wrong again. But that's ok as long as you don't move to Florida. Blowhards like you we don't need screwing things up.

 

[eastwoodo4]

why have some gotten tags?

 

[duivendyk]

Not hysterical,but outraged,the DMV does NOT make the law,get that through your thick skull.Apparently you know nothing about the Legal System.The Legislature makes the Law,and the cops enforce it .So they are quite correct in giving someone a citation,riding around on what they consider an unlicensed and therefore ILLEGAL vehicle which as far as they are concerned is a moped.Do you contest that ,YES or NO.That this poor fellow can't get it licensed because the DMV does not want to do so is none of their concern.They have no direct connection to that Agency and don't work for it.So are you not outraged that this poor fellow has to pay a fine and if he ventures out on the street he might suffer the same fate again,'so he has to stay off the street .Where is your sense of JUSTICE.
Once again the DMV does NOT make the Law,they are to follow it,what the h*ll do you think there is a Legislature for?.The legislature may be stupid and you disagree but that is irrelevant.If the cops arrest you a judge will decide your fate and not the DMV
So what is your advice,if any to this hapless person??.I'm pretty sure you have nothing useful to offer,except probably that the DMV can do whatever it pleases **** the consequences.BTW I spend a fair amount of time in Florida,I have a condo thereand I ride an MB (moped as far as the cops are concerned)

 

[Gene]

The DMV is following the law to suggest differently is dumb. If you think the DMV is breaking the law prove it. The police are ill informed. that is the biggest part of the problem. The failing of this rests with the police departments not the DMV. As many of us have said and the laws and the DMV agree with that position. ie: the City Attorney from Daytona Florida. Bottom line Motor Bicycles are legal in Florida. and they are not mopeds. because the laws applied by the DMV say so. Now in order to prosecute someone the prosecutor must look at the DMV regulations for Mopeds and Bicycles. he can also look at the state laws on their own. In any case no one will be found guilty of having a motorized bicycle in the state of Florida. Show me a successful prosecution any where in the state. Its too bad that some police departments and their officers are not up on the laws. As my DMV official has given me all the required statutes and laws to show an officer if the case should arise. It is not a perfect answer but it is the best we have at this time. I am only aware of one person who got a tag and as has been posted that issuance was nto in keeping with DMV laws. The legislature makes the laws but it is the DMV that has to apply them. They are not on opposite teams.

 

[sangesf]

Any time you add gas to a bicycle, it's description changes to a moped.

Let's take a look....

State law

Number: AGO 77-84

Subject: Uniform Traffic Control Act, municipalities
J. T. Frankenberger
City Attorney




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

What I've quoted above (and is being used for miss-direction from those who wish to use a gas powered bicycle (moped) without a Drivers License) was from 1977.... Over 30 years ago.

FS 316.111 that was used in that argument no longer exists and has been replaced/amended by FS 316.003 and the pertinent portion changes the description of a bicycle with an under 50cc gas motor to the definition of a Moped. And hence, since you need a DL to ride a Moped, you need one for a gas bicycle too.

Whether a specific municipality wishes to ignore that, that is that municipalities choice and they are allowed to make laws specific to them as long as it is not specifically dis-allowed somewhere else by State or Federal laws. (i.e. Daytona allows people to ride mopeds without Driver License.)

As to licensing and registration for such vehicles, I'm still unaware as to what the law is
(I'd like to be pointed to the law {because I can't find it}, that states what the pre-requisite for tags/registrations is) which brings me to....

why have some gotten tags?

So any word as to when you have to go to court or anything else?

 

[duivendyk]

Understand once and for all G,the DMV is a LICENSING agency,it has nothing to do per se with TRAFFIC LAW which is governed by the Florida UNIFORM TRAFFIC CONTROL STATUTES, codified under Section 316 FS (Florida Statues). Section 316.003 encompasses definitions,which inform you what certain terms mean,as far as the traffic statutes are concerned.Did that finally sink in ?
Now under 316.003 sub section 77 , ANY 2 wheeled vehicle,with pedals for propulsion without a gearshift&manually operated clutch,with an engine not exceeding 50cc displacement and less than 2 HP and not capable of going faster than 30mph is considered a MOPED as far as traffic statutes are concerned.Most MB's fall under that definition.
Mopeds need to be licensed, that is what both the DMV and the Traffic Code happen to agree on,however the DMV has no definition as to what an MB is except that it is NOT a moped and in refusing to license them it chooses to ignore the definition under the TRAFFIC Code.Since the police are authorized to issue at traffic ticket to persons operating a legally unlicensed vehicle,and the DMV refuses to license it,this Agency in effect sees fit to keep MB's,except electrically powered ones off the road,which may well be their intention.They regard them as a nuisance they don't want to mess with,I'm sure.
We shall see how BGW fares in Court.

 

[sangesf]

Understand once and for all G,the DMV is a LICENSING agency,it has nothing to do per se with TRAFFIC LAW which is governed by the Florida UNIFORM TRAFFIC CONTROL STATUTES, codified under Section 316 FS (Florida Statues). Section 316.003 encompasses definitions,which inform you what certain terms mean,as far as the traffic statutes are concerned.Did that finally sink in ?
Now under 316.003 sub section 77 , ANY 2 wheeled vehicle,with pedals for propulsion without a gearshift&manually operated clutch,with an engine not exceeding 50cc displacement and less than 2 HP and not capable of not faster than 30mph is considered a MOPED as far as traffic statutes are concerned.Most MB's fall under that definition.
Mopeds need to be licensed, that is what both the DMV and the Traffic Code happen to agree on,however the DMV has no definition as to what an MB is except that it is NOT a moped and in refusing to license them it chooses to ignore the definition under the TRAFFIC Code.Since the police are authorized to issue at traffic ticket to persons operating a legally unlicensed vehicle,and the DMV refuses to license it,this Agency in effect sees fit to keep MB's,except electrically powered ones off the road,which may well be their intention.They regard them as a nuisance they don't want to mess with,I'm sure.
We shall see how BGW fares in Court.

EXACTLY!

Also, as I stated before, a city/municipality CAN choose to allow ANYTHING on their roads, as long as it's not against a rule specified by a higher legislature specifically stating, that a lower municipality can not allow something. (It sounds confusing, but I hope you get what I'm saying)

 

[Gene]

Woo Hoo Good to go in Charlotte County!.. Made some calls and was assured by the Sheriff's Department that they aware of the laws of the state and the policy of the Dmv and as long as the bicycle has 49 cc's and pedals it is good to go without any documentation. When I pressed this issue a bit asking if it were possible to get some kind of a stamp or document, I was assured again that ALL deputies are aware of motorized bicycles and it is not an issue in Charlotte County. Rid e BABY!!!!!!!!!!! My advice, do your own legwork don't depend on the panty waists that post here.