Newbie with some questions and I need your advice

Discussion in 'Laws, Legislation & Emissions' started by LordVngr, Nov 11, 2012.

  1. LordVngr

    LordVngr New Member

    Hey guys New member here and I am getting ready to build a MB and I really need your help and advice.

    I got a two part question and I live in Florida. Aint it a *****.

    Anyway the first thing I want to discuss is riding a MB on the streets of Florida.

    I've read all kinds of things and I'm still confused. I've heard it cant be done period. I've heard you cant register a MB. I've heard you can ride one and dont need a license, I've heard one can ride one but do need a license, And I've heard you can ride one and you do need a license and it does need to be registered.

    I tend to believe the last one. You can ride one but you have to have a license and it needs to be registered. Now I have a license thank you and it even has Safe Driver on it And a Motorcycle Endorsement on it. SO I should be good to go on the License part right.

    So now we come to registration. I've read where you can register the MB as a home made Moped and looking at the FL dmv site it seems resonable. They even list MB under Mopeds and whats required. My bike would fit all the requirments but one. The 50cc engine limit which is my second question.

    1 - Has Anybody registered a MB in the state of Florida as a moped or home built moped. How hard was it to do and what paperwork do you need. I've read where you have a have a bill of sale even if you have to Create one. Dont see why. I would have the reciept from the bike shop and engine order. I need to know whats required so I can be ready for it.

    2 - How do you get around the 50cc limit. If the dmv inspects the bike there is a tag on the motor and your bill of sale showing 66/80. You can remove the tag I guess but what if they want you to prove the cc size

    I havent bought the motor yet and I guess I could get a 50cc (More Expensive) and change out the piston and barrel later right. Is it easy to do. I really want to stay with the 66/80 though.

    So tell me guys I need some answers Before I place the engine order. the floor is open to all answer But I would really like to hear from you guys in florida.

    Thanks in advance
     

  2. LordVngr

    LordVngr New Member

    Wow, 48 views and 3 days later and Nobody has anything to say. Guess it's a good thing I'm not in a Hurry and dont Need no advice. Geezzzz
     
  3. Purple Haze

    Purple Haze Active Member

    Sorry, but each state is different, and I don't live in Fla. There is a link to the state laws on the "other" forum, and I can't figure out how to paste it here. My state (Mo.) is: Less than 50cc, less than 20 mph, possession of valid drivers license, and funtioning pedals. It is considered "pedal-assist" and requires no other registration, taxes, or safety equipment; i.e. "helmet". On the engine size question, consider this: who's gonna check? They are not marked, at least the HT's aren't. Also, the cylinder is slightly larger (diameter) on the 66/80cc and will not fit the 49cc case. A consideration when purchasing engine.
     
  4. Purple Haze

    Purple Haze Active Member

    Final word on Florida Motorbicycling laws.. Registration and Driver's License laws...

    --------------------------------------------------------------------------------

    All,

    ** This is the final word direct from the Executive Director at the Florida HSMV (DMV)...

    Emails over a weeks time have gotten these answers...


    Good Afternoon,
    *
    I will address your latest concerns . . . in red, below.
    *
    You stated . . .
    Ms. Adams,
    *
    I am confused . . .
    *
    On one hand you state that adding a gas powered motor does not make a bike street legal, but in the next paragraph, you state that Florida Statutes permit a person to operate a bicycle that cannot propel faster than 20mph, without a DL.
    *
    Response: *Ms. Adams/Ms. Lambert stated:
    *
    “Bicycles are not manufactured for use on highways. *Adding a gas powered motor does not make a bicycle street legal, as there are other requirements that must be met, such as frame assembly and safety features. *Bicycles are not titled or registered.
    *
    Florida Statutes permits a person to operate a bicycle that cannot propel faster than 20 miles per hour, without a regular Class E driver license.”
    *
    To elaborate, Florida Statutes permits a person, if at least 16 years old, to operate a bicycle with an electric helper-motor (not gas powered because gas powered bicycles are not street legal and cannot be ridden on the streets) not capable of propelling the bicycle faster than 20 mph on level ground (322.03(1), 322.01(26) and 316.003(2), Florida Statutes).
    *
    Can you see where I’m confused?
    A gas powered motor (incapable of greater than 20mph) does not make it street legal, but the statutes say an electric bicycle with the same stipulations does make it street legal.
    *
    Response: *Again, gas powered bicycles are not street legal and are therefore, not legally allowed on the roads/streets.
    *
    As you can see, there seems to be confusion when asking specifically about gas powered motors on bicycles.
    *
    The assumption I have is that if you add a gas powered motor to a bicycle, it’s not street legal, but if you add an electric motor, it is. *(According to 316.003(2))
    *
    Response: *Yes.
    *
    I have asked specific questions and as of yet, no one has been able to give me specific answers . . .
    *
    If you can, please provide specific answers to each of the below questions . . . .
    The following questions are still unclear . . .
    *
    1. * * * What size gas powered engine is allowed on a bicycle.

    Answer: *None, legally.

    1a. *If a bicycle has a 49cc engine, is there a Class E drivers license required?
    Answer: *Gas powered bicycles are not legally allowed on the road.

    2. * * * Is there any situation that would allow the use of a gas powered engine on a bicycle without the need for a Class E DL?

    Answer: *See answer to 1a, above.

    3. * * * If a bicycle with an electric helper motor that allows it to be capable of greater than 20mph need a Class E drivers license?

    Answer: *Yes.

    *
    If you have additional questions, please don’t hesitate to contact me directly at 850.617.2528, or the FRTP Program Manager, Kip Bickford, at 863.419.3420 (ext. 2).
    *
    *
    BE SAFE, HAVE FUN – ENJOY THE RIDE!!
    FLORIDA RIDER TRAINING PROGRAM
    Bureau of Motorist Compliance
    2900 Apalachee Parkway
    Room A201, Mail Station #88
    Tallahassee, Florida *32399
    (850) 617-2528
    Fax. 850-617-5172
    Florida Department of Highway Safety and Motor Vehicles - Florida Rider Training Program
    *
    *
    The Department of Highway Safety and Motor Vehicles is committed to Service, Integrity, Courtesy, Professionalism, Innovation and Excellence in all we do. Please let us know how we are doing via our online customer service survey at Official Website Florida Department of Highway Safety and Motor Vehicles.
    *


    After it's all said and done...

    You can NOT legally register a bicycle with a gas motor attached of ANY size, NOR may you ride it (under motor power) on public roads.
    (This is, of course, unless you've already had it registered as a homemade moped, then I would guess you would be grandfathered in.)
    For those already grandfathered in, you need a Class E driver's license to operate your moped on public roads.
     
  5. Purple Haze

    Purple Haze Active Member

    Looks like you are S.O.L. except for electric. I finally figured out how to copy and paste this from the "other" forum. I guess that's why nobody would reply, they didn't want to break your heart!
     
  6. Racie35

    Racie35 Member

    id grind off anything that says "im cheating"
     
  7. jaguar

    jaguar Well-Known Member

    So just get an electric if you don't have far to ride. Mine was underpowered so I added another battery and it helped a lot but man did its available distance decrease since I ride WOT all the time. I just rode it to and from work which was 3 miles away. I charged it at work before heading home. The expensive ones with lithium batteries have better power and range.
     
  8. Fabian

    Fabian Well-Known Member

    Laws, laws, laws; sometimes plainly idiotic laws; not in any way reflecting the the risks governmental bodies attach to legislation; laws created simply for the sake of creating legislation; a bit like a very well organised welfare system for the legal fraternity.

    In such cases an option is to adopt Nike's slogan: "Just Do it"
     
  9. BchCruizer

    BchCruizer Banned

    Look up statue 316.003 i used to live in deltona. i have talked to alot of cops about this subject. it used to be that friction drives were the only legal motorized bikes but a 2years ago they legalized chain drive under 50cc you dont have to have a tag..only lights..you do have to have a drivers license. hope that helps!
     
  10. Gene

    Gene Member

    Since you said you have read many posts here then I will assume you have read mine. Yes you can register a homemade moped, not a motorized bicycle. The purpose of the Bill of Sale is it will list the serial number on the frame. List the color as well. That will be used to create a number on your registration. So make one. Nobody cares about your engine if you state it is 50cc. No one is coming out behind their desk to cc your motor. Make sure you have pedals. Now go to a 'friendly" DMV, not all are ,and get the registration. But stick to your guns you are not registering a bicycle you are registering a moped that is homemade. Don't say the word bicycle. If you get asked say you have a centrifugal clutch and the moped requires no shifting.
    Good Luck. And you don't need to bring the moped with you either. As a matter of fact I could have gotten the registration without even owning a moped.
    And one other thing the DMV person may confuse a Scooter with a Moped. You are not registering a Scooter. They need titles and be on list of approved manufacturers. Be clear about that.
     
    Last edited: Nov 23, 2012
  11. LordVngr

    LordVngr New Member

    ok, Thanks for the info. Its still as confusing as ever. I like the post by one guy that says you cant do anything with a motorized bicycle in florida. Below is what the Floridas dmv website says about mopeds. Sounds like a motorized bicycle would fit the bill. Note it talks about Engines...

    Bottom line, I'm just going to have to try it.


    State legislators define a moped as a vehicle fitting all of the following criteria:
    Pedals that allow you to propel the vehicle
    A seat for the rider
    Three or fewer wheels
    Motor of two-brake horsepower or less
    Maximum speed of 30 mph on level ground
    Automatic power-drive system
    Displacement of 50 cc or less (for those with an internal combustion engine)

    Mopeds need to be registered at a county tax collector office. The registration fee is $34.50, and you must renew your registration every year.


    You'll receive a motorcycle plate for your moped. If you're under 21 and the registration is in your name, your plate will have a distinctive design and color.

    Moped drivers need to have at least a Class E driver's license, and be 16 or older to drive a moped on a public road. A motorcycle endorsement isn't required.

    You will not be allowed to ride your moped on bike or foot paths. All passengers under 16 must wear a helmet.

    Moped drivers aren't required to carry Personal Injury Protection insurance.

    Be aware that moped drivers have the same rights and responsibilities as other motorists. And, yes, moped drivers can receive traffic tickets, too.
     
  12. Gene

    Gene Member

    Exactly !!!! just avoid at all costs using the words "Motorized Bicycle" and be on guard that the DMV person does not confuse moped with scooter. Let us know how you make out.
     
  13. Gene

    Gene Member

    It is amazing, We send them to the DMV but they never return LOL
     
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