kawasaki999
Member
sanjesf, Did you not read my post??? What do you not uderstand ? Motor assisted bikes and mopeds are excluded from the term motor vehicle. They are not motor vehicles!!!!
dvddtz
New Member
I live in Pensacola, and all the police that I have spoken with told me to ride my mb at will. A lady ran a stop sign last Oct. and I went through her windshield,I have no drivers licsense,the cop told me he was glad to see I was using my lights,did not say a word about the 70cc motor on my bike.So I guess it depends on the police in your area.I just dont do anything silly when riding.
ZnsaneRyder
Member
- Local time
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- Jun 19, 2008
- Messages
- 805
A pusher trailer with 2 wheels in no way shape or form is considered an automobile. In fact, the law makes ZERO references to pusher trailers at all. It's a gray area in the law that I happen to proudly take advantage of. When it's a trailer, it's not part of the vehicle, instead, it's simply being pulled by it.
If you have a regular motorized bicycle, and you pull a 2-wheel trailer, it does NOT suddenly transform your bicycle into an automobile. Where the engine is located is irrelevant. There's plenty of folks here with MB's that pull trailers like in the picture, and it does not make the bicycle an automobile, AKA car.
In fact, the law does not even mention anything about an engine powered trailer AT ALL. Regardless of engine HP or cc's. Sure, I can have up to 50cc on the bike, but there's NO limits to the cc's on a trailer, simply because the law or Florida Statues make no mention of it. I'm simply hauling my engine. There's no laws that say I can not possess or carry an engine.
The law is not open to interpretation or manipulation. You either abide by the law or you don't. If it's NOT listed, it's NOT against the law. It's unlawful to put something in a category of the law where it does not belong.
If you have a regular motorized bicycle, and you pull a 2-wheel trailer, it does NOT suddenly transform your bicycle into an automobile. Where the engine is located is irrelevant. There's plenty of folks here with MB's that pull trailers like in the picture, and it does not make the bicycle an automobile, AKA car.
In fact, the law does not even mention anything about an engine powered trailer AT ALL. Regardless of engine HP or cc's. Sure, I can have up to 50cc on the bike, but there's NO limits to the cc's on a trailer, simply because the law or Florida Statues make no mention of it. I'm simply hauling my engine. There's no laws that say I can not possess or carry an engine.
The law is not open to interpretation or manipulation. You either abide by the law or you don't. If it's NOT listed, it's NOT against the law. It's unlawful to put something in a category of the law where it does not belong.
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duivendyk
Guest
I have looked at s 316.003 F.S. some more,it turns out that indeed mopeds are not considered 'MOTOR VEHICLES' as I had stated originally,provided they meet the definition of a 'MOPED' under paragraph 77, which I had outlined previously.A MB that would meet those particular requirements would be considered a moped I assume,since is does not meet the classification of a bicycle according to par. 2 (only electrical assist &less than 20mph allowed).If the vehicle does not meet either the moped or bicycle designation (below 50 cc or less than 2hp), it is considered a 'MOTOR VEHICLE' (motor cycle or 4 wheeled vehicle).Substantively nothing is really different except that an MB
that meets certain criteria is not a 'MOTOR VEHICLE'
that meets certain criteria is not a 'MOTOR VEHICLE'
kawasaki999
Member
Duivendyk, You are 100% correct!
BrettMavriK
Member
I was at the Clearwater, FL DMV on Friday for almost 2 hours.
I only waited for 15 minutes until appointed to from the lobby.
I was attempting to get a moped license plate. I had proof of a
32cc engine that had 1.6 HP and a top speed of 30 along with
a bill of sale. I wanted to see if I could pull it off. The lady himmed and hawwed trying to wrap her head around the photo of the bicycle with a motor on it.
She said it was not a moped. I told her to look up the definition on her computer.
320.01(28) "Moped" means:
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 centimers.
So she said she would have to get the supervisor.
The supervisor said the same thing; "It's a bicycle....not a moped."
I told her of a friend who came into this very office with the same thing and got a plate.
He's posting on this thread: Kawasaki999
She said she'll have to call Tallahassee for clarification.
Tallahassee then transferred her to a B.F.O. DMV Officer to clarify. He spoke to me and her (was very nice)
He explained that this is nothing new and this path has been crossed before. He stated the head of the Florida DMV Department said that they will not be issuing plates and registration for motorized bicycles, they are not needed, and they will be treated as if they were a BICYCLE on the road... motor running or not.
There, ya have it.....
We have (motor assisted) Bicycles in Florida !!!!
End of Story.....
'nuff said...
Case closed.
'BrettMavriK
I only waited for 15 minutes until appointed to from the lobby.
I was attempting to get a moped license plate. I had proof of a
32cc engine that had 1.6 HP and a top speed of 30 along with
a bill of sale. I wanted to see if I could pull it off. The lady himmed and hawwed trying to wrap her head around the photo of the bicycle with a motor on it.
She said it was not a moped. I told her to look up the definition on her computer.
320.01(28) "Moped" means:
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 centimers.
So she said she would have to get the supervisor.
The supervisor said the same thing; "It's a bicycle....not a moped."
I told her of a friend who came into this very office with the same thing and got a plate.
He's posting on this thread: Kawasaki999
She said she'll have to call Tallahassee for clarification.
Tallahassee then transferred her to a B.F.O. DMV Officer to clarify. He spoke to me and her (was very nice)
He explained that this is nothing new and this path has been crossed before. He stated the head of the Florida DMV Department said that they will not be issuing plates and registration for motorized bicycles, they are not needed, and they will be treated as if they were a BICYCLE on the road... motor running or not.
There, ya have it.....
We have (motor assisted) Bicycles in Florida !!!!
End of Story.....
'nuff said...
Case closed.
'BrettMavriK
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Happy Valley
Active Member
So it would seem from that experience, for the being anyway, the best thing would keep them as much like bicycles as possible, IE in looks, function, performance and sound.
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duivendyk
Guest
Confusion seems to reign at the DMV,and prob. among the law enforcement legions too.They must have the notion that if it does not look like a duck (moped) it's not a duck and leave it at that,regardless of what the legislators came up with.So MB's are pretty safe for now.Nothing much surprises me anymore about the Sunshine State,after the 2000 election farce.
junkyard
New Member
- Local time
- 9:59 AM
- Joined
- Jan 21, 2009
- Messages
- 19
well here in st pete they are trying to encourage alternative means of transportation. new bike lanes everywhere and more to come
i think they realized making the vehicles that would use these lanes illegal would be stupid and counter productive
i think they realized making the vehicles that would use these lanes illegal would be stupid and counter productive
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duivendyk
Guest
It does not matter what one chooses to think,the pusher-trailers fit and don't not fit the following legal categories:
1) it is a 'motor vehicle' according to 316.003 par. 21,that it is an articulated vehicle is immaterial.
2) it does not meet the definition of a bicycle or motorized bicycle according to 316.003 par.2
3) it is not not a moped either according 316.003 par. 77
4) it is not a motorcyle either since it has 4 wheels.
The only applicable legal category is the one of 'motor vehicle' and the assertion made that this vehicle is in legal limbo is not tenable,the circumstance that it does not have the normal attributes of a 'motor vehicle' is legally irrelevant.The LAW is blind.
Keeping a low profile in Florida is the smart thing to do, as it is in most other places,therefore don't go around attracting the attention of the cops with outlandish, overpowered MB's.
1) it is a 'motor vehicle' according to 316.003 par. 21,that it is an articulated vehicle is immaterial.
2) it does not meet the definition of a bicycle or motorized bicycle according to 316.003 par.2
3) it is not not a moped either according 316.003 par. 77
4) it is not a motorcyle either since it has 4 wheels.
The only applicable legal category is the one of 'motor vehicle' and the assertion made that this vehicle is in legal limbo is not tenable,the circumstance that it does not have the normal attributes of a 'motor vehicle' is legally irrelevant.The LAW is blind.
Keeping a low profile in Florida is the smart thing to do, as it is in most other places,therefore don't go around attracting the attention of the cops with outlandish, overpowered MB's.
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