Show me RS-68

Discussion in 'Laws, Legislation & Emissions' started by boyntonstu, Feb 8, 2015.

  1. boyntonstu

    boyntonstu Member

    I cannot find any RS-68 Staute in the current statute.

    Mr. Google doesn't know anything either.

    We are talking about RS-68, yet I could not find it.

    I just found it!

    It is not a Statute passed by Florida, it is a guidance, not a law.

    In their Procedure RS – 68 of May 12, 2014, the DHSMV published new guidance about bicycles with gas assist motors. In summary, they may now be operated on the roadways if they meet the statutory definition and construction and safety requirements of “moped”, are registered and licensed with the DHSMV and the driver has a valid driver’s license. A title is not required.

    This the the joke site that has the link to the pdf PROCEDURE.

    http://flbikelaw.org/2014/07/gas-motors-on-bicycles-at-last-final-answer/

    Can a Floridian be required to observe a bureaucratic non-law procedure?

    These are some comments from others:

    http://motorbicycling.com/showthread.php?t=56819
     
    Last edited: Feb 8, 2015

  2. troyg

    troyg Member

    Looks pretty clear to me, you have to jump hoops, light up, THEN you are assigned a VIN sticker, congratulations you live in a state that calls an MAB a moped.That would be my argument against, you have a good case there, it's been argued and won (not in FL) that an MAB is not a moped.But the die is cast in FL, too many people, and waited too long.
    http://www3.flhsmv.gov/dmv/Proc/RS/RS-68.pdf
     
  3. boyntonstu

    boyntonstu Member

    RS-68 - Department of Highway Safety and Motor Vehicles
    www3.flhsmv.gov/dmv/...
    Department of Highway Safety and Motor Vehicles
    A description for this result is not available because of this site's robots.txt – learn more.

    Interesting!
     
  4. troyg

    troyg Member

    Not interesting in the least, maybe something you need to update in your PC??Give it a second, I'll post it for you.
     
    Last edited by a moderator: Dec 15, 2015
  5. troyg

    troyg Member

    View attachment RS-68.pdf Cut and dried, but you'll continue the tirade regardless,...
    Don't know if the pdf attaches here so here is the text:

    Florida
    Department of Highway Safety
    and Motor Vehicles
    Division of Motorist Services

    PROCEDURE SUBJECT:

    RS-68 BICYCLE WITH A GAS MOTOR (DEFINED AS A MOPED)

    DESCRIPTION AND USE:

    THIS PROCEDURE PROVIDES INFORMATION AND INSTRUCTIONS TO ASSIST TAX
    COLLECTOR EMPLOYEES, LICENSE PLATE AGENCY EMPLOYEES, AND THE DEPARTMENT OF
    HIGHWAY SAFETY AND MOTOR VEHICLES IN PROCESSING A REGISTRATION FOR A BICYCLE
    WHICH HAS BEEN ASSEMBLED WITH A GAS (NOT ELECTRIC) MOTOR.

    I. PROVISIONS OF LAW:

    Section 316.003(2), Florida Statues, defines bicycle as 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.

    Section 316.46, Florida Statutes, states that no person may operate a moped that does not conform to all
    applicable federal motor vehicle safety standards relating to lights and safety and other equipment
    contained in Title 49, Code of Federal Regulations. A violation of this section is a noncriminal traffic
    infraction, punishable as a nonmoving violation as provided in chapter 318.

    Section 320.01(1)(a), Florida Statutes, defines motor vehicle as an automobile, motorcycle, truck, trailer,
    semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this
    state, used to transport persons or property, and propelled by power other than muscular power, but the
    term does not include traction engines, road rollers, special mobile equipment as defined in s.
    316.003(48), vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.

    Section 320.01(27), Florida Statutes, defines moped as 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.

    Revision(s) to this Procedure: New Procedure.
    .
    EFFECTIVE DATE REVISION DATE PAGE #

    Immediately 05/12/14 RS-68-01


    STATE OF FLORIDA
    Division of Motorist Services

    PROCEDURE # SUBJECT:

    RS-68 BICYCLE MOTORIZED WITH A GAS MOTOR (DEFINED AS A MOPED)

    II. GENERAL INFORMATION:

    A. This procedure (RS-68) is applicable when a gas motor/engine kit has been installed on a
    bicycle frame and the motor:
    - Is not rated in excess of 2 brake horsepower
    - Is not capable of propelling the vehicle at a speed greater than 30 mph on level
    ground
    - Displacement does not exceed 50ccs

    NOTE: If all of the above applies, the vehicle would fall within the classification of a moped.
    Therefore, it would be required to be registered, but not titled.

    B. The operator of a gas powered bicycle (moped) is required to follow the rules of the road
    and safety equipment requirements of section 316.208, 316.2085 and 316.211, Florida
    Statutes.

    C. The customer must be directed to a Division of Motorist Services (DMS) Regional Office
    in his/her region. A compliance examiner will inspect the motorized bicycle and if it is
    found to be compliant as a moped, a VIN decal will be assigned. The Regional office will
    then issue a registration and motorcycle license plate to the gas powered bicycle (moped).

    D. When a gas motor/engine kit has been installed on a bicycle frame and the motor IS rated
    in excess of 2 brake horsepower and its top speed exceeds that for a moped (greater than
    30 mph) on level ground, the vehicle would be classified as a motorcycle. Therefore, it
    must be titled and registered. See DMS Procedure TL-43 for assembled from parts
    instructions for a motorcycle.

    E. The agency should direct the customer to law enforcement if there are any questions as to
    where the motorized bicycle can be used.

    F. ASPT (assembled from parts) is a designation used for bicycles that are assembled with a
    new or used gas motor, and placed on an existing frame.
    The motorized bicycle must be in its completed state before a VIN decal will be assigned
    for registration purposes. The bicycle owner must contact a Division of Motorist
    Services (DMS) Regional Office in his/her region to have the bicycle inspected.

    The owner should be prepared to give the DMS Compliance Examiner all the original
    documents.

    If the application is rejected, the DMS Compliance Examiner will hold the paperwork
    until the reason for the rejection has been satisfied.

    NOTE: An initial inspection fee of $40 will be charged; subsequent inspection fees (if
    applicable) are $20 per inspection.

    PAGE #

    RS-68-02

    STATE OF FLORIDA
    Division of Motorist Services

    PROCEDURE # SUBJECT:

    RS-68 BICYCLE MOTORIZED WITH A GAS MOTOR (DEFINED AS A MOPED)

    III. DOCUMENTATION REQUIRED AND SPECIAL INSTRUCTIONS:

    The bicycle (moped) will be registered with "ASPT" as the MAKE and the model YEAR will be
    the year the bicycle (moped) is assembled. An "FLA" (Florida Assigned Vehicle Identification
    Number) decal will be assigned by a DMS Compliance Examiner to the bicycle (moped) when
    the bicycle is inspected and found to be in compliance with Federal safety standards (see section
    316.46, Florida Statutes). The Regional Office will maintain all original documents.

    Mopeds used on the highways of this state ARE required to be registered; however, they are
    NOT required to be titled.

    The following documentation is required to qualify the motorized bicycle (moped) for
    registration through the Regional Office:

    A. Form HSMV 84490, Statement of Builder, accurately completed, by the applicant and the
    DMS Compliance Examiner. The new "FLA" number (which was assigned by the DMS
    Compliance Examiner) must be included on the form.

    B. The original bills of sale or receipts with name, address, and signature of the seller for all
    major component parts (when applicable). The identification number (when applicable)
    for each major component part used to assemble the moped must be shown on the bill of
    sale/receipt for that part. The bill of sale or receipt for the engine must also include the
    year of the engine. Receipts/bills of sale must be in the name of the applicant/builder.

    Bicycle/moped major component parts are defined as:

    1. The bicycle frame.

    2. The gasoline motor (2 brake HP or less and does not exceed 50CCs).

    NOTE: If the motor exceeds the 2 brake HP and 50 CCs, it would be considered a
    motorcycle. See DMS Procedure TL-43 for assembled from parts instructions for
    a motorcycle.

    C. An "Affidavit For Inspection of a Motorized Bicycle Converted to a Moped" signed by
    the customer. See Exhibit A.

    D. Florida sales tax, when applicable. Sales tax must be collected according to the purchase
    price of all component part bills of sale where sales tax was not already collected.

    E. Registration Fees.

    NOTE: When the registration transaction is processed by the Regional Office, he/she must enter
    the Region number who inspected the vehicle and the audit number of the FLA decal
    affixed to the moped in the "Comment Desc. Field.

    PAGE #

    RS-68-03

    STATE OF FLORIDA
    Division of Motorist Services

    PROCEDURE # SUBJECT:

    RS-68 BICYCLE MOTORIZED WITH A GAS MOTOR (DEFINED AS A MOPED)

    IV. MISCELLANEOUS INFORMATION:

    A. Assigned "FLA" decals must be placed on the frame of the motorized bicycle (moped).

    B. Remove the red and white decal from the clear laminate strip and affix. Slice through the
    decal before placing the clear laminate strip on top of the decal.

    C. Applicants are responsible for scheduling an appointment with a DMS Compliance
    Examiner for examination of their documents.

    D. The odometer reading on a motorized bicycle (moped) that has been assembled from
    parts will be branded NOT ACTUAL MILEAGE.

    E. An "Affidavit for Inspection of a Motorized Bicycle Converted to a Moped" is attached
    as Exhibit A.

    F. A list of Questions and Answers (Assembled From Parts) is attached as Exhibit B.

    PAGE #

    RS-68-04
     
    Last edited by a moderator: Dec 18, 2015
  6. boyntonstu

    boyntonstu Member

    Thanks.

    Are Procedure Services Law?

    In other words, can an officer of the law give you a ticket for not following a procedure?
     
  7. troyg

    troyg Member

    I couldn't give a f=u=c=k, it's YOUR problem.You're not concerned with informing or helping, you want to fight.
     
  8. boyntonstu

    boyntonstu Member

    Thanks for showing this forum what you are made of.

    If you were interested in learning, you would deal with the facts and not bother us with your unkind behavior.

    BTW There is no such thing as a "GAS MOTOR".
     
  9. troyg

    troyg Member

    Give me a break, I read the whole thing, so obviously interested enough to hopefully show you your error to shut you the hell up on the subject.I don't live there why would I care about a state I have no interest in ever seeing again?
    OK, you've got it all figured out.So, why are you selling and going electric?Hypocrisy as far as I can tell.
    So here's a challenge, scour this site, find the places in FL that are known for giving tickets, go there
    with a gas powered MAB, AND drive and drive and drive (nicely of course) and THEN get your tickets, fight them in court,
    MOST IMPORTANTLY "WIN" your case.The come back here with proof.If your retort is something along the lines of "show me the statute" I'll just consider you a pretentious blowhard wuss.
    Yes I get frustrated enough to use profanity when called for, so sad.Anybody in FL knows enough by reading the pdf,
    not my concern, I don't live there, but YOU are beyond help.
     
  10. boyntonstu

    boyntonstu Member

    There is no such thing as a "GAS MOTOR". Do you claim otherwise.

    My latest engineized bicycle:




    625,000 total viewers and counting.

    What projects have you built?

    Are you too stupid to realize that "show me the statute" is the first principle used in Court?

    Show me the statute or shut up about following the statutes.

    You wrote this:
    You sound like are a very angry young man.
     
    Last edited by a moderator: Dec 15, 2015
  11. troyg

    troyg Member

    What is the definition of "is", huh slick willy?It's a motor vehicle.Motor/engine is semantic garbage.
    Fight one, AND WIN, one of your cases in court, then it'll be "interesting",
    something other than windsock material.
    Fabian comes off as cool, funny, and extraordinarily helpful in more than one obsessed area, it counts.
     
  12. boyntonstu

    boyntonstu Member

    Semantics are not allowed in Court.

    Semantics count in the Indianapolis 500 race: "Gentlemen Start Your Motors!".

    Perhaps that sounds normal to you, but it is strange to me.

    Motorcycles do not have motors. Not my opinion but it is the truth.

    When you go to Traffic Court, the first statement by the Prosecutor or the police is "I gave the ticket because of the violation of Statute XYZ".

    If Statute XYZ does not specifically define what you were accused of doing, you should get off.

    I went for jury duty and the clerk asked us to stand and take an oath. I asked if what she asked was a request or an order. She said to remain sitting, while everyone else went along like sheep. I was free to go.

    Semantics are very, very important.

    "Can I go to the bathroom" was a common question when I taught.

    My response was "I don't know".

    Perhaps some will learn and others may ignore.

    Unfortunately, the truth sometimes is not what most understand.
     
  13. troyg

    troyg Member

    If you'll notice in all dmv not just FL, everything is called a "motor vehicle" of one form or another.A moped has an "engine" not a "motor" but the whole moving object is considered a "motor vehicle" even without the propulsive "engine" installed.
    PS: Thanks for the young man comment, I'm only a few short of you, but I'll take any compliment I can get, "curtsy".
    http://www.worldwidewords.org/articles/engine.htm
     
    boyntonstu likes this.
  14. troyg

    troyg Member

    A choir of angels sings,...........
    and probably someday, every person on the face of the earth will perish, even the self righteous.

    You think you're striking a blow, but not.You haven't once properly deconstructed the whole, just enough to fit your means,
    it's common, but so "in the bubble" it's scary.Statutes/juries/law/names/rights ARE ALL FICTITIOUS!They are a social construct,
    so as a society sometimes people go with the flow, because picking your battles makes life smoother for everyone, like road rules, does it make me a sheep to follow those?
    There's sheep,
    there's cantankerous, confrontational, crows, and then the rest of us in between.
     
    Last edited: Feb 8, 2015
  15. boyntonstu

    boyntonstu Member

    Exactly right and Marc Stevens agrees!
     
  16. boyntonstu

    boyntonstu Member



    If you'll notice in all dmv not just FL, everything is called a "motor vehicle" of one form or another. NOT!

    320.01 Definitions, general.—As used in the Florida Statutes, except as otherwise provided, the term:
    (1) “Motor vehicle” means:
    (a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, special mobile equipment as defined in s. 316.003(48), vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.



    Are road rollers "Motor Vehicles"?

    Do road rollers require registration?

    Do road roller operators require Drivers licenses?

    Is there a weight, hp, or speed limit for road rollers?

    Do you think that this guy has a Drivers license? Is it registered?

    If you were a policeman/sheriff what kind of a ticket would you write?

    If you owned a road roller, could you go shopping with it without fear of getting a ticket?

     
    Last edited by a moderator: Dec 15, 2015
  17. Gene

    Gene Member

    I really get a kick out of all of these Clarence Darrow's posts on what is law and what is not. How funny. You have to ask the question what regular activity performed by most people which is regulated by the government creates these arguments? Actually not many if any at all. I don't see people writing to the Op Ed section of the local newspaper calling for the elimination of hunting and fishing licenses. For that matter I have not seen any protests about having to pass a drivers test in order to drive a car or truck. It's funny how so many of these daily activities get no attention at all. Then one has to look at a group of people who put a motor or and engine whatever you like to call them on a bicycle. Miraculously some of these people are incensed that the government is involved. So one has to wonder what is the motivation for that. Is a bicycle with a motor something special that is exempt for some reason only they understand? Do these people feel the law does not apply because it is a bicycle with a motor has been grandfathered? Or are there just personal reasons which cause these people to protest? If they post here I think they should be honest. What exactly is their motivation? Reading amateur arm chair legal opinion by non attorney types really gets boring.

    I have always found it interesting when I have been attacked here for truly being happy when Florida created by law for a legal way to own a bicycle with a motor. Having worked with others to make it happen gives me a sense of satisfaction the people can influence our government to pass laws which puts an activity on legal footing where it was not in the past. Not getting harassed by local police when the laws were vague or non existent is an improvement in the quality of life for all involved in the activity. Yet there are those here who call people like me elitists. When do you become an elitist when you want to follow the law. When exactly did that happen? When did wanting to follow the law become only things Rich People do? What a laugh that statement is, I always heard Rich People didn't have to follow the law. The bottom line is RS 68 is the best thing to happen to a hobby and an activity that could ever happen. It takes Motored Bikes out of the closet and it may be one of the rare times these days government in the State of Florida did the right thing. And yes even the poor people pay for their drivers licenses and tags.
     
  18. boyntonstu

    boyntonstu Member

    According to the Florida Statutes, is it legal for road rollers to be on the roads with no registration and without a licensed Driver?
     
  19. Gene

    Gene Member

    Then I guess when rollers become a real problem They will need their RS ** of their own.
     
  20. boyntonstu

    boyntonstu Member

    I see your logic. Engine powered bicycles in Florida are a problem and they must be registered. You are on the road unregistered and you are near a road roller and a huge farm tractor; both without registration or licensed operators. You must be a problem compared the them. Am I correct?

    Specifically, what problems have "illegal" MB's caused?

    In Hawaii, you can ride an automobile or a MB without licenses. No problem. Why the difference?
     
    Last edited: Feb 12, 2015
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