Some Florida Motorized bicycles are considered to be Motor Vehicles. Is yours?

Discussion in 'Laws, Legislation & Emissions' started by boyntonstu, Feb 7, 2015.

  1. boyntonstu

    boyntonstu Member

    316.003 ‐ Definitions for Scooters, Segways, Mopeds, and Electric Bicycles:

    According to Florida law, motorized scooters, go-peds, and pocket bikes are considered motor vehicles. However, because motorized scooters, go-peds, and pocket bikes are not manufactured to meet the required federal Motor Vehicle Safety Act, they cannot be registered for operation on public roadways, even if the operator has a valid driver’s license. Mopeds can be registered for operation on public roadways, but an operator must have a valid driver’s license to operate one. Operators of motorized bicycles do not need a valid driver’s license and are not required to register them in order to operate them on public roadways.

    So you may own a "Motor Vehicle"

    But this is not the whole story because:

    (21) MOTOR VEHICLE.—Except when used in s. 316.1001, a self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s. 320.01(1)(a).

    Going back to 320.01(1)(a) we see exactly how Motor Vehicle is legally defined:

    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, PERIOD

    Any doubt what a "Motor Vehicle" is?

    Therefore, if you have a vehicle and you use it to " transport persons or property", you vehicle is a "Motor Vehicle".

    Do you transport persons or property?

    If you do not believe me, read it for yourself here:

  2. Specialx

    Specialx Member

    How many times are you going to bring up this issue.
    It's an established fact that a gas powered bicycle needs to be registered as a moped and you need a license to operate it.
    Get over it.
    Or at the very least, go ask a lawyer instead of spouting rhetoric.
    Last edited by a moderator: Dec 16, 2015
  3. boyntonstu

    boyntonstu Member

    Does a gas powered bicycle need to be registered as a "Motor Vehicle" or is the stature lying?

    If you believe that I am not correct, please show me the part of the law that contradicts this
    " According to Florida law, motorized scooters, go-peds, and pocket bikes are considered motor vehicles." Enough said.

    Is my quote accurate?

    Why would anyone choose to ignore the Statute?
    Last edited by a moderator: Dec 16, 2015
  4. Bonefish

    Bonefish Member

    You don't have to prove it to us. If you get pulled over by a cop and your gas motorized bicycle is not registered, if you try and tell the cop his job and tell him the law, you are more than likely going to get a ticket rather than a warning. I've seen it happen.
  5. boyntonstu

    boyntonstu Member

    Are cops lawyers?

    Do cops ever make mistakes?

    Tell me what the statute says, not what you saw happen.
  6. Bonefish

    Bonefish Member

    You remind me of that song. I fought the law and the law won. This kid I saw got pulled over on a gas motorized bicycle in Florida and thrown in jail for driving a gas motorized bicycle without a license. He might have gotten it overturned in court, but do you really want to risk it and get thrown in jail?
  7. boyntonstu

    boyntonstu Member

    Here's the deal. If the statute means exactly what it says, and if hundreds of us brought out tickets en mass to the Court, we may never have to look over our shoulders again.

    As for going to jail, most unlikely.

    Did you know that it is illegal for a cop to take you directly to jail?

    A Magistrate must first hear the case.

    Magistrates are available 24/7.

    When the cop breaks the law, you may get rewarded.
  8. Bonefish

    Bonefish Member

    I'm not a cop. But the kid that got thrown in jail was talking to the cop like you are talking to us. Telling him/us the law and that doesn't work. Cops have egos and you need to nurture them. A warning is better than jail any day.
  9. boyntonstu

    boyntonstu Member

    I agree. Good advice. Don't say a word. Take the ticket with a smile.

    Next, immediately send a Motion To Dismiss to the Court before appearance.

    I just paid for the answer here:

    So far, no response.

    Like this guy but with the above reasons:

    Last edited by a moderator: Dec 15, 2015
  10. troyg

    troyg Member

    El Guapo, I know that we, the lowly members of, do not have your superior intellect and education, but could it be that once again, you are angry at something else, and are looking to take it out on us?
  11. dougsr.874

    dougsr.874 Active Member

    Once again: RS68 take's all the guessing out of this theory.
  12. boyntonstu

    boyntonstu Member

    The RS68 statute is beneath the Motor Vehicle definition and the top definition remains in effect.

    If you agree that your bike fits into the Motor Vehicle definition, register it.

    Do you Transfer goods or people on your MB?