Laws in Daytona florida says our bikes are okay

[sangesf]

You are a silly man. Sorry. if you can't title it, you cant register it, you can't get a plate for it , and it is considered merely a bicycle. then who needs a DL for a bicycle. There are no age limitations either. Aren't you tired from all of this yet?

What's up with people with the personal attacks?
Silly? I don't think so. It's not considered merely a Bicycle, It's considered a Motorized Bicycle.... There IS a difference. And if that Bicycle happens to be powered by Gas... In terms of DRIVERS LICENSING, IT IS CONSIDERED A MOPED!!!

I'm guessing, this means that you are using the same rationale that Brett was using.. However, your thinking is flawed. I'm sure you didn't ask them at the DMV about if you needed a license to ride it.

FORGET about plates, tags and registration, that has NOTHING to do with the legality of DRIVING.
Driving (Licensing), Plates, Tags and Registration are ALL Mutually Exclusive.
They do not regulate each other legally speaking.

I'm not going to argue this anymore.... DO whatever you want. I'm just telling you, that if you happen to get a ticket and have to go to court, (Because you don't have a drivers license) you will definitely lose. And most people are correct, 99.9% of the time, the police won't bother you, but do you want to take the chance that you'll lose your license for even longer, just because you wanted to use gas? Mark my words, take the chance, and eventually, you will get burned. I'm trying to help people out with this information, but I keep getting people giving out incorrect information and saying it's legal to ride a bicycle with gas on a public road without a valid license.

I would say, save yourself from any troubles by talking with a lawyer about it, specifically one that is well versed in bicycle laws in FL.

So... test it yourself.... Call the DMV and ask them if you need a LICENSE to ride your bicycle with a gas motor on it and then come back and tell me what they said. If they actually say you DON'T, then get them to put that in writing and have it notorized. I'll actually come and see you in person and shake your hand for a job well done. (Also, I'll get a notorized copy for myself.)

P.S. Nowhere in RS-61 does it state that you don't need a drivers license to ride a gas powered motorized bicycle. RS-61 deals with license plates and has NOTHING to do with licensing.

Just so you have it, here's the description of RS-61....

DESCRIPTION AND USE:
THIS PROCEDURE IS PROVIDED TO ASSIST TAX COLLECTOR EMPLOYEES, LICENSE
PLATE AGENCY EMPLOYEES AND THE DEPARTMENT OF HIGHWAY SAFETY AND
MOTOR VEHICLES IN PROVIDING INFORMATION AND INSTRUCTIONS FOR THE
ISSUANCE OF LICENSE PLATES FOR MOTORCYCLES, MOPEDS, AND DISABILITY ACCESS
VEHICLES.

(Show me ANYWHERE that it states, if you have a bicycle with a gas engine, you don't need a license to ride it legally on a public road - If you DO find it, let me know and I'll be the happiest person in the world.)

 

[srdavo]

What's up with people with the personal attacks?
Silly?

sorry for the attack.
(staff is considering adding 'silly' to the auto-censor.)

I'm not going to argue this anymore....

:reddevil:

 

[sangesf]

sorry for the attack.
(staff is considering adding 'silly' to the auto-censor.)

Originally Posted by sangesf:
I'm not going to argue this anymore....







:reddevil:

How old are you? 12? Grow up.

This is interesting... You're a "super moderator" and THIS is how you add to the discussion?

Did you have anything PRODUCTIVE to add to the discussion? Did you have a law or statue or paperwork or anecdotal information or something to the contrary (or maybe even helpful) to what I've stated on here, or are you just soooo bored that you just had comments to make?

I figured that discussions of the law, informational data and productive conversations would be the cornerstone of this website, but I guess I was wrong.

It seems to me that the idea of this place is to try to skirt around laws and to berate/make fun of people who disagree with those who want to just make up their own rules.

Oh well. Figures... Sure, just go around giving people incorrect information and having them thinking one thing, while the law states something else, and in the mean time getting them in trouble.

Good Job!
(sarcasm)

 

[srdavo]

Now I have been attacked!!! hahaha

I'm was joking with you....
BUT...
You are having this same argument in 3 different threads? (With the same people?)

that's what I find really boring!!
ask around.... I'm probably NOT the only one...?

Mods are allowed opinions, too.... BTW.

I am truly sorry for disrupting your thread.

Carry on.

 

[skjjoe]

city of Aventura Fl says we have to have a tag

 

[Gene]

It is the State Motor Vehicle Department not the City who issues tags. So if you go try to get a tag you have to have the required documentation for a moped. That would be in Florida ,a title or certification of an approved moped on the DMV list, Insurance if you do not wear a helmet, and all the required safety equipment that a moped is required to have.
and that would eliminate under Florida Law the exception for motorized bicycles from needing a tag under section 320.06(3)(a) and 320.0803.

 

[sangesf]

It is the State Motor Vehicle Department not the City who issues tags. So if you go try to get a tag you have to have the required documentation for a moped. That would be in Florida ,a title or certification of an approved moped on the DMV list, Insurance if you do not wear a helmet, and all the required safety equipment that a moped is required to have.
and that would eliminate under Florida Law the exception for motorized bicycles from needing a tag under section 320.06(3)(a) and 320.0803.

I think he meant that his city makes them register their bicycles.

Some municipalities make you register/have a tag, so that they can add it to their system for use in recovering lost bicycles.

 

[Gene]

That would be great!!!! Then the Fuzz would have little recourse to hassle anyone.

 

[skjjoe]

this is the email i got from the cheif of police


Steven Steinberg

Chief of Police

Aventura Police Department

19200 West Country Club Drive

Aventura, FL 33180



Office: 305.466.8066

FAX: 305.466.8991

From: Jeffrey Burns
Sent: Wednesday, March 18, 2009 7:53 PM
To: Steven Steinberg
Cc: Steve Seefchak
Subject: RE: motorized bicycles



The vehicle described, actually defines a "Moped". And as such would need to follow the registration requirements, and licensing for operating a motor vehicle - the vehicle would need a license plate and the driver would neet atleast a "restricted license". A "motorized bicycle" specifically mentions "electric" motor - see definition below.

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.

A moped is defined as follows, and fits the description given:

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.



The general rule holds, that once a vehicle has a "gasoline" engine, it becomes a "motor vehicle" and subject to all licensing, registration, and traffic laws.







From: Steven

Sent: Wed 3/18/2009 8:08 AM
To: Jeffrey Burns
Subject: FW: motorized bicycle





Steven Steinberg

Chief of Police

Aventura Police Department

19200 West Country Club Drive

Aventura, FL 33180



Office: 305.466.8066

 

[Gene]

The Chief needs to read the DMV laws. As under Florida DMV laws your Bicycle is not on the approved list of Mopeds or Scooters no matter what the description is. But what is clear is there is an exemption for Motorized Bicycles Sections 320.06 (3) (a) and 320.0803 with regard to a DMV tag. NO tag is available.