Getting a tag in Fla

Discussion in 'Laws, Legislation & Emissions' started by Rob_E_Rob, Feb 2, 2010.

  1. Rob_E_Rob

    Rob_E_Rob Member

    OK so I've been reading through the posts here for an hour now and I can't seem to figure it out. There seems to be lots of debate. It sure seems that a MB is considered a MOPED in the state of Florida, according to the posts. So to adhere to the strict letter of the law, I need a tag and registration, right? So my question is; How does one go about getting a tag for a home made moped in Florida? Honestly, how much can it cost? Especially if it keeps you out of trouble.

    Rob
     

  2. sangesf

    sangesf Banned

    There is no debate.

    Facts.....
    1.) If your bicycle is electric and can't go over 20 mph, it's a bicycle.
    (no tags, no registration, no Drivers license needed)

    2.) If your bicycle is electric and can go over 20 mph but less than 30 mph and is less than 2 bph it's considered a moped.
    (no tags or registration needed, but DL is required)

    3.) If your bicycle is electric and can go more than 30 mph or is more than 2bph then it would not be allowed on the public roads, nor would you want a bicycle to go faster than that. (also it's a danger)

    4.) If your bicycle uses a gas or other combustible materials (that includes a hydrogen fuel cell) to power it and it can not go more than 30 mph and/or is less than 2bph, it is considered a moped.
    (no tags or registration needed, but you need a DL)

    5.) If your bicycle is gas/fuel cell powered and can go more than 30 mph or is more than 2bph then again it would not be allowed on the public roads, nor would you want a bicycle to go faster than that. (also very dangerous)

    6.) Basically if you want to go faster than 30 mph, buy a motorcycle and get a motorcycle license.

    NOTE: Some municipalities allow the use of gas powered bicycles (#4 above) without the need of a DL, but there are very few of those. One poster on here lives in Daytona, so while in Daytona, he doesn't need a DL, however should he leave Daytona city limits, he would need to carry his DL with him.

    Bottom line is any gas powered bicycle that can't go over 30 miles an hour does NOT need a tag or registration, NOR can you get one because in terms of TAG/REGISTRATION LAWS in Florida a gas powered bicycle is NOT a "MOTOR vehicle"

    The "confusion" stems from the fact that the drivers license law in the state of Florida requires a DL to ride a gas powered bicycle (moped) because in terms of LICENSING LAWS in Florida it IS a MOTOR vehicle.

    So basically "bicycle" gas or not, you do NOT need NOR can you get a tag or register it.

    If you have any other questions or comments, I will be happy to help you out.

    P.S. I'm stopped about once a month because my electric bicycle LOOKS like a moped, but I'm fully legal with every aspect of my bike and am knowledgable about the laws here in Florida and have not had one problem yet.
     
  3. Rob_E_Rob

    Rob_E_Rob Member

    THANKS MAN!
    Do you have any Florida statutes that I could print out and carry with me so If I do get questioned by the cops, I have a reasonable argument? I'd really appreciate it!

    Rob
     
  4. sangesf

    sangesf Banned

    Unfortunately, there is no law written anywhere that I could find.

    However, MANY people have tried to get them registered and 99.9% of the time, they get turned away by the DMV personel.
     
  5. Rob_E_Rob

    Rob_E_Rob Member

    Well, hopefully I just made a definitive move. I went on the Florida DMV website and got the e-mail addresses of the director of the DMV and some head honcho at the Florida Highway Patrol. I sent them both the same e-mail regarding my questions on legality. As soon as I hear back from them, I will post my results.
     
  6. Rob_E_Rob

    Rob_E_Rob Member

    FHP reply

    From this officer's reply, it seems prety cut and dry to me. I sent him a follow up e-mail to see if there was anything I can do to get my MB Legal. He has yet to reply but I will post that too. It's not looking good for these things being legal at all. I removed the officer's name to protect his privacy, but you can feel free to contact the FHP on your own. As you can see they are willing to answer questions. Hearsay does not equal fact, but getting the straight scoop from a cop seems pretty solid to me.

    His reply is as follows:


    Thank you for your inquiry. I wish that you had contact FHP sooner than what you did. By law the engine on your bicycle must be electric, and not be able to propell the bicycle any faster than 20 mph on level ground.

    The definition of a bicycle is: 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.

    If I amy be of further assistance to you, please do not hesitatte to call or write.

    Thanks,
    Officer John Doe


    Office of Communications
    Florida Highway Patrol
    2900 Apalachee Parkway,
    Tallahassee, Fl. 32399


    www.flhsmv.gov/FHP



    COURTESY * SERVICE * PROTECTION
     
  7. sangesf

    sangesf Banned

    Can you show the email you sent?

    All that is shown by the officer is a statement of what the definition of a bicycle is.
     
  8. Rob_E_Rob

    Rob_E_Rob Member

    Yeah, I know. I am still trying to get a straight answer out of him. His e-mail turn around time is 1 day it seems. I got a response back from the DMV. They told me that they do not issue registrations for motorized bicycles, but by the letter of the law, MB's are considered to be MOPEDS. As soon as I can get a straight answer from somebody, I'll post it. It's almost like they're avoiding the subject. This is annoying. Here I am doing everything I can to be on the right side of the law and I am getting the royal run around.
     
  9. sangesf

    sangesf Banned

    What was the email you sent to them.. Can you show it please
     
  10. Rob_E_Rob

    Rob_E_Rob Member

    This is the e-mail I sent him:


    Greetings:

    I just finished building a homemade motorized bicycle. I used a kit that purchased online. The motor is 49cc and advertised at 1.5hp and the bicycle still functions solely as a bicycle if you choose. I have been told that because this is still a bicycle, I do not need a registration/license plate to operate this on public streets. That just doesn't seem correct to me. Furthermore, I would be willing to pay a modest registration fee in exchange for my peace of mind. Please tell me what I need to do to make this 100% legal.


    Thank you for your time.
     
    Last edited: Apr 27, 2010
  11. sangesf

    sangesf Banned

    So the question to ask in the next email is...

    "Now that my bicycle has a gas engine on it... Does that mean I won't be allowed to ride it on the road? Technically, it is a vehicle and as I looomed in the Florida statutes, there is nothing written that says I can't ride it on the road, if there is, please let me know what it is, because I could not find it anywhere. I did find that the law states that the description of my vehicle (in terms of the SUTC is that of a moped (in terms of drivers licensing)
    Can you point out the statute that states that it is not allowed on public roads?

    I would appreciate any and all help you could provide in this matter.

    Thank you,
    Sincerly Yours,
    (insert name here)
     
  12. occchopperfl

    occchopperfl Member

    (your prior post)---> So the question to ask in the next email is...

    Did you get a response?
    I think your question has been answered in this section of the forum.
    IF you did get a response, can you kindly post for all to benefit?
    Thank you and good luck!
     
  13. occchopperfl

    occchopperfl Member

    hi,

    Did you get a response?
    If so, please post for the benefit of the florida mb community.
    Thank you and good luck!
     
  14. occchopperfl

    occchopperfl Member

    (oops, sorry for the duplication of the post, i thought it didnt do thru the 1st time)

    :)
     
  15. sangesf

    sangesf Banned

    Well ROB_E_ROB....

    Anything happen yet? Did you send the email I suggest?

    Any replies?
     
  16. occchopperfl

    occchopperfl Member

    hello?

    rob?

    any good news?

    thank you, please let us know where u r at, good or bad.
     
  17. occchopperfl

    occchopperfl Member

    test
    123
    321

    Rob please tell us the news. Or you can PM if you like.

    Thank you.
     
  18. Karryhunt

    Karryhunt Member

    License

    I can only say one thing.....you don't need no stinkin tag or registration to

    ride your bike on Florida roads....just stay off I-95 and the turnpike, obey

    traffic laws and you will be fine.

    Might I suggest you quit bugging the departments with all you silly questions

    before they decide to start requiring registration, tags, insurance and god

    knows what else for these toys.

    Caught my pant leg in the chain today.:cool:
     
    Last edited: Jun 9, 2010
  19. sangesf

    sangesf Banned


    um....
    Not 100% sure, you can even legally ride one in FL?

    If it's a "moped" type bicycle, it's not a MOPED, which CAN (and has to be) registered.

    I think someone might have been caught in that catch-22 thing, where you can't get it registered, YET they give you a ticket for riding and un-registered motor vehice...

    NOT SURE...
     
  20. Karryhunt

    Karryhunt Member

    The only thing I'm not sure about is your sanity. Now go ride that thing as

    as someone else says after every post.

    Caught my pant leg in the chain today.:cool:
     
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