Getting legal on a MB in FL (Sarasota to be exact)

Discussion in 'Introduce Yourself' started by Coupe, May 21, 2011.

  1. Coupe

    Coupe New Member

    I have read some very interesting and informative posts regarding motor vehicles laws concerning the legality of operating a MB in the state of Florida, but there are a few questions that I don't see mentioned. Perhaps these points have been mentioned and I have overlooked them, so here we go.

    I have been considering purchasing a MB for a few years now, but due to the gray areas of the law I have been skeptical. I have read through MANY pages of posts relating to the legality of MB on the Florida roadways, but here's one thing I have not seen addressed (http://law.justia.com/codes/florida/2005/TitleXXIII/ch0316.html),

    What if the motor is capable of exceeding 30 MPH? Most of the motors/motorbikes I have been researching advertise 35 to 45 MPH top speed. It might seem a silly question, but how is that determined? Am I gonna get pulled over have have the officer say "Let me full throttle down the block just to get an idea"? Perhaps I'm being over cautious, but I'm not looking to spend my hard-earned money only to find out I need to shell out more dough be legal, or worse, to find out my investment was a waste.

    Is there anyone out there that has any experience in Sarasota county with MBs? I've seen a posts from Charlotte and Lee counties, which are close, but I'm really hoping to get some local input to get an accurate idea of how worthwhile this might be.

    I will say that I do have a license, but there is still that question of registration and tags. Do I need them? Can I get them?

    I must say, I can't recall ever seeing a MB in or around Sarasota, which makes me even more skeptical.

    Please, if you have ANY info that might be useful, weather or not you are in Sarasota, I would greatly appreciate your reply.
     

  2. Al.Fisherman

    Al.Fisherman Active Member

    Last edited: May 22, 2011
  3. occchopperfl

    occchopperfl Member

    Hi,

    I am a little pressed for time, I would've given this more thought, but here it goes:

    a. which code of 316 in particular are you referring to?
    b. gas motorized bicycles cant "legally" exceed 30 mph, or it is categorized as something else.
    c. ? guessing on how its determined? ---> you may have to go to a state approved auto repair shop that does speedometer tests, ( and your bicycle would need one installed, of course) 2. a speed radar gun.
    d. tags and reg: plz see prior posts. 1. TAG AND REG NOT REQUIRED AS OF 04/20/2011. (I do have my tag and reg as of last year and renewed as well till mid 2012, just in case, and have it in my backpack when riding) 2. You can try and still get it, but its spelled out that you cant. Again, plz see prior threads/posts if you are still curious.
    e. No problems so far in my neck of the woods.
    f. At any given time, rules and laws can change, it seems even more so with Gas Motored Bicycles. Its a risk im willing to take. If you are averse to risk, maybe a out of the box moped, scooter, or dual purpose motorcycle may be better for you.

    Good Luck, I hope this info. shared was useful, and plz let the forum know what you've decided, and if we may be of more help.

    :)

    e
     
  4. Al.Fisherman

    Al.Fisherman Active Member

    Definition of "Bicycle"
    (Section 316.003(2), F.S.)

    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 a similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.

    http://www.dot.state.fl.us/safety/ped_bike/laws/ped_bike_bikeLaws1.shtm

    Florida Motorcycle Handbook 2011
    http://www.lowestpricetrafficschool.com/handbooks/motorcycle/en/0/3

    MOTORIZED SCOOTERS: (NOT LEGAL ON PUBLIC STREETS OR SIDEWALKS)

    Though considered motor vehicles in section 3.22.01(26) Florida Statutes and tag/registration law, the registration laws do not provide for registration of these vehicles, thus they cannot be operated on public streets or highways; if operated on a public roadway anyway, regardless of a person's age, law enforcement officers can require the person to show at least a valid operator (Class E) license as per driver license law they are considered motor vehicles (Statute Ref: s. 322.03(1) and 322.01(26). F.S.)

    I'm so glad Alabama isn't so nit picky..Wear helmet and less then 150Cc, no ins, no license, no tag.
     
    Last edited: May 22, 2011
  5. Coupe

    Coupe New Member

    Thank you guys or the posts.

    Occ, what neck of the woods are you in? Did you have to veil your comments at the tax collector so as not to raise any unwanted flags? And about how much did it cost? Have you ever been stopped by the police for just driving your MB around town?

    One bit of good news already, I spoke with an officer earlier today and he didn't seem to think I would run into any issues either with RIDING OR TAGGING (very happy to hear this from the horse's mouth), but I'm not going to take any chances, so on my day off I'm going to go to the county office to find out exactly what they say. I hate to stir the pot, but I'd rather be safe in knowing I'm 100% legit rather than being worried about getting flashed when I'm pressed for time.

    Thanks again guys.
    :evilgrin:
     
  6. occchopperfl

    occchopperfl Member

    Hi!

    I'm by Daytona Beach.

    I was 110% truthful with the tag office last year. I put all my cards on the table.
    $68.00 1st year, and $35.00 to renew if I remember correctly. No, never been stopped.

    I think I made mention in prior posts, but I have in my backpack:
    a. the tag
    b. reg
    c. 08/2010 ruling in a MB case on registration - Court outcome - No Prosecution.
    d. 04/20/2011 dmv procedure document stating that registration of a Gas Motorized Bicycle is NOT required

    http://www3.flhsmv.gov/DMV/Proc/TL/TL-10.PDF

    here is the specific updated info on 04/20 FYI, pg 28, copy/ pasted for you.

    (THIS IS WHAT AN INFORMED Local County DMV Tax Office should tell you.)

    3. Scenario: A company is advertising on TV a gas engine kit that can be added
    to a bicycle. The engine is tied into the pedal system like a Moped
    and it has to be pedaled to start the engine. It is advertised that the
    bicycle will be propelled to 30MPH.
    Q. How is the tax collector supposed to register this bicycle/gas engine
    assembly?
    A. The definition of bicycle under s. 316.003(2), F.S., includes
    motorized bicycles. Bicycles are not registered or titled.
    Engine kits for bicycles are not new and there are a variety of
    kits available, however, they remain bicycles after the engine
    kit is installed. There are other requirements that must be met
    to be classified as a motorcycle/scooter/moped such as frame
    assembly and safety features. If a customer brings in
    paperwork for a bicycle, they cannot be legally issued a title or
    registration nor is it required. The agent should also direct the
    customer to law enforcement if there are any questions as to
    where the motorized bicycle can be used.

    Let me/ us know if you have any other questions.

    :)
     
  7. Coupe

    Coupe New Member

    That's great info!

    So I don't need the tag hanging from my bike? EVEN BETTER! After reading though a long post that relates directly to my questions I figured I would need to carry around copies of the state regulations just to cover all my bases.

    I guess the next questions will be directed towards threads about motors/brakes so I can make sure to get a quality motor/proper brakes/etc...

    Right on, time to get busy finding the right stuff to build my 2 wheel dream machine.

    Thanks again!
     
  8. speedball1

    speedball1 New Member

    Hey coupe and greetings from your Sarasota neighbor.
    First post on this forum. I live north of the airport in Whitfield Estates. I ride my chopper bike around the area streets and the sidewalk on the Tamiami Trail for 8 to 10 miles every day. I have ridden past cop cars with no problems. I do have a DL but have never been stopped. I don't plan on reasserting or tagging my bike. If you would like to contact me send me a PM and we'll chat. Cheers, Speedball1
     
    Last edited: Mar 25, 2012
  9. LR Jerry

    LR Jerry Well-Known Member

    The 2011 Florida Statutes

    Title XXIII MOTOR VEHICLES Chapter 316 STATE UNIFORM TRAFFIC CONTROL

    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:

    (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.

    (77) MOPED.Any vehicle with pedals to permit propulsionby 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 thatfunctions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internalcombustion engine is used, the displacement may not exceed 50 cubiccentimeters.

    I'd carry a copy of these laws with me or a smart phone so I could pull them up to show to the police.
     
    Last edited by a moderator: Dec 15, 2015
  10. occchopperfl

    occchopperfl Member

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