I think that is exactly the point. Don't use the words motorized bicycle. You are registering a moped. I keep the tag in a saddle bag just in case. Most people think my bike is a motorcycle so I know it is only a matter of time a cop will stop me for no tag. In a perverse way I am actually looking forward to it.I agree that the police may tell you "private property only". Thats why I got my tag and registration last year.
This is how I got it, and it was registered as a Moped:
Provide to Tag Office the Following:
a. Bicycle Year
b. Brand
c. Color
d. Bicycle Serial Number
- (Usually found on the bottom of the main crank or by the rear tire chain stays)
- (the tag office then makes it your VIN, NOT me or you, your local Tax Collector - Registration - Tag Office does it.)
- (the tag office DID NOT ask for an engine serial number)
e. cc/ brake HP - (your engine should be no more than 50cc, and 2 brake HP)
Just in case:
f. Receipts, if any for engine and bicycle. - (don't provide, have it just in case tag office asks)
g. there may be more thats required, (ie: Affidavit of ownership?) However, thats a. - e. is all that I needed to get a tag and registered in about 10 minutes.
It seems clear that they WONT allow registration and tags now, as of 04/20/2011.
My facts were FULLY DISCLOSED to my local tax collectors/tag office a year ago.
(I guess if anyone wanted to try to get a tag now, - not that I am suggesting it, one would state the SIMPLE facts as above, and NOT talk about a gas motorized bicycle, but talk about a MOPED being registered.)
FL Law Update 04/20/2011 Gas Powered Bicycle Reg. N O T Required
- Thread starter occchopperfl
- Start date
Blues88s
New Member
Very interesting thread & it's very helpful. Florida is full of ambiguous laws & don't forget that we can really screw up a Presidential election. Sure tagging "mopeds" are a new found income source for the state but I find comfort in the fact that we still don't have a state personal income tax or personal property tax. At this point in my life peace of mind is of great importance so...
TO ME, the only law that is important is what the cop who pulls me over THINKS the law is. For the cost of about $65 for the registration & first year tag & $35 a year after that I'm going to buy & display a tag for my home built "moped." Not being hassled by the cops, not having the possibility of a ticket & paying a fine & saving the time of a possible court date is well worth the $65.
Doc
TO ME, the only law that is important is what the cop who pulls me over THINKS the law is. For the cost of about $65 for the registration & first year tag & $35 a year after that I'm going to buy & display a tag for my home built "moped." Not being hassled by the cops, not having the possibility of a ticket & paying a fine & saving the time of a possible court date is well worth the $65.
Doc
Blues88s
New Member
My first build is a Dax friction drive with a Super Titan motor on a Schwinn Majestic cruiser. It's a 49cc motor but it's also rated at 3HP & that is of concern to me. With Florida law being maximum 2HP to be registered as a moped I'm more than a little concerned about my options & the truth.
I can hope the tag office doesn't ask me for the engine specs but if they do should I provide info from a smaller motor? There will probably be a plate on the engine stating HP, should I remove it? Does anyone see any other options or do I really have any?
I can hope the tag office doesn't ask me for the engine specs but if they do should I provide info from a smaller motor? There will probably be a plate on the engine stating HP, should I remove it? Does anyone see any other options or do I really have any?
Blues88s
New Member
A big thank you to all you guys for doing due diligence concerning Florida law.
About a month ago I called the DMV to find out what I needed to do to get a tag for a motorized bicycle (this was before I knew moped was the word to use). She had me call the DMV Compliance office & the lady there told me, "As long as it has pedals it doesn't need to be tagged." To me, it's still up to the cop that might stop me & how he interprets whatever he thinks the law is & I don't want to take that chance or have that hassle.
About a month ago I called the DMV to find out what I needed to do to get a tag for a motorized bicycle (this was before I knew moped was the word to use). She had me call the DMV Compliance office & the lady there told me, "As long as it has pedals it doesn't need to be tagged." To me, it's still up to the cop that might stop me & how he interprets whatever he thinks the law is & I don't want to take that chance or have that hassle.
occchopperfl
Member
Last edited:
occchopperfl
Member
Hi Gene,
They officer may then give you a ticket for "tag not displayed". So you may have some fun, but you may get a ticket.
lol!
Then you can say, wait, I dont need no stinking tag, heres a new ruling...
Then the police officer will say, ok, but youll get a ticket for "illegal gas motorized vehicle on PUBLIC ROAD".
sigh...
We're not sure that's what it means...
Until a case comes up or they specifically setup laws regarding these things, we're still up in the air..
Wish we could get some official paperwork stating the exact legality of gas powered bicycles.
Until a case comes up or they specifically setup laws regarding these things, we're still up in the air..
Wish we could get some official paperwork stating the exact legality of gas powered bicycles.
OCC,
"Then you can say, wait, I dont need no stinking tag, heres a new ruling..."
I understand the spirit in which you posted that, but
I'd be careful about regarding this as a "ruling". In the strictest sense, a ruling only comes from the courts. However, this is only a procedural document for the tax collector's office to follow. The police don't have to "know" the law. They can issue a citation for anything they "think" is appropriate to the situation. The court will then uphold or dismiss the case. Obviously, an officer will want to be pretty darn sure before they waste their time on such trivial matters...I'm just saying.
Now, since the tag office won't register these bikes anymore, the other way to get legal (now) is to do like one chap posted on in the traveling section. And that is to find an old junk moped on C/L or other for cheap and use the I.D. and title from that to get registered. Sure there's a bit of larceny involved, but, hey... desperate times=...
Oh, and if I can get slightly off topic for just a moment, I stumbled upon several legal enterprises in FL that are now defending those arrested/cited for riding motorized bicycles or even manufactured mopeds without valid driver's licenses! There are a few firms here in Pinellas County offering their services for those that lost their licenses for dui, etc. that were told these motor kits were legal and no license was necessary; likewise for under age riders, etc. I found it interesting to all of a sudden see this cottage industry sprout up. One site I looked at offers the defense of an unscrupulous dealer not being truthful and just trying to move there merchandise.
In any event, I think if I were cited for my motorbike, I would go to court and show the judge/DA the varying laws and such and let them see the ambiguity of all of this. I think there is enough contradiction between agencies out there for the court to understand the confusion and then ask the judge for leniency. One way or the other I would know for sure and report back here. But I don't expect that will be happening.
Nut Z
"Then you can say, wait, I dont need no stinking tag, heres a new ruling..."
I understand the spirit in which you posted that, but
I'd be careful about regarding this as a "ruling". In the strictest sense, a ruling only comes from the courts. However, this is only a procedural document for the tax collector's office to follow. The police don't have to "know" the law. They can issue a citation for anything they "think" is appropriate to the situation. The court will then uphold or dismiss the case. Obviously, an officer will want to be pretty darn sure before they waste their time on such trivial matters...I'm just saying.
Now, since the tag office won't register these bikes anymore, the other way to get legal (now) is to do like one chap posted on in the traveling section. And that is to find an old junk moped on C/L or other for cheap and use the I.D. and title from that to get registered. Sure there's a bit of larceny involved, but, hey... desperate times=...
Oh, and if I can get slightly off topic for just a moment, I stumbled upon several legal enterprises in FL that are now defending those arrested/cited for riding motorized bicycles or even manufactured mopeds without valid driver's licenses! There are a few firms here in Pinellas County offering their services for those that lost their licenses for dui, etc. that were told these motor kits were legal and no license was necessary; likewise for under age riders, etc. I found it interesting to all of a sudden see this cottage industry sprout up. One site I looked at offers the defense of an unscrupulous dealer not being truthful and just trying to move there merchandise.
In any event, I think if I were cited for my motorbike, I would go to court and show the judge/DA the varying laws and such and let them see the ambiguity of all of this. I think there is enough contradiction between agencies out there for the court to understand the confusion and then ask the judge for leniency. One way or the other I would know for sure and report back here. But I don't expect that will be happening.
Nut Z
Here is my post from another site....
IMO, Until I saw an official document on letterhead from the AG's office stating specifics on gas powered bikes, I would air on the side of caution and only ride one IF I had a driver's license.
As I stated in a previous post, at the moment, the DMV PROCEDURAL document says, you can't "legally" register a gas powered bike. Well, I can't register my electric bike either... So I would say currently, in terms of being able to use on the road, I would say yes. There is no law on the books stating you can't ride a gas powered bicycle on public roads, just like a regular or electric bike. So it would seem to me, logically, that is the case.
There IS a couple of laws on the books (License section's definitions) of a gas powered bike ("moped").
One in "Motor Vehicle Licenses" that state's a "Motor Vehicle" EXCLUDES mopeds.
One in "Driver Licenses" that does NOT EXCLUDE mopeds.
The Florida DMV page however, states that you need a Class E driver's license to operate a moped and that a tag is required (registration).
So either one of two things is true...
1.) Since you can't legally register a gas powered bike AS a moped, then it is not one and no driver's license in required.
2.) Even though you can't register a gas powered bike as a moped, when it comes to Driver License law (NOT Motor Vehicle law) it's considered a "motor vehicle" and to "drive" a "motor vehicle" you need a driver's license. (in this case, a Class E or higher).
These are the two possibilities and as I stated earlier, I personally wouldn't ride one without a driver's license, UNTIL I had a notorized letter from the AG's office on letterhead stating specifically that I didn't need a driver's license to ride a gas powered bicycle OR specific verbiage in a Florda statute declaring a gas powered bicycle did not require a driver's license.
FWIW, as another poster wrote in either this thread or another thread...
Those WITH a driver's license AND an already registered (homemade) "moped" won't care.
Those WITH a driver's license AND a gas powered bicycle (currently) won't care either (unless the procedural document changes AGAIN)
Those WITHOUT a driver's license will always say, you don't need one.
Everyone else will be stuck in limbo (Just like me).
P.S. For my own personal reasons, I elected to go the electric bicycle (capable of no more then 20mph) route and ultimately have no issues except for law enforcement interactions where the cops don't know the electric bicycle laws until I show them the various statutes and state PDFs that define my (electric) bicycle as just a regular bicycle and no license needed.
IMO, Until I saw an official document on letterhead from the AG's office stating specifics on gas powered bikes, I would air on the side of caution and only ride one IF I had a driver's license.
As I stated in a previous post, at the moment, the DMV PROCEDURAL document says, you can't "legally" register a gas powered bike. Well, I can't register my electric bike either... So I would say currently, in terms of being able to use on the road, I would say yes. There is no law on the books stating you can't ride a gas powered bicycle on public roads, just like a regular or electric bike. So it would seem to me, logically, that is the case.
There IS a couple of laws on the books (License section's definitions) of a gas powered bike ("moped").
One in "Motor Vehicle Licenses" that state's a "Motor Vehicle" EXCLUDES mopeds.
One in "Driver Licenses" that does NOT EXCLUDE mopeds.
The Florida DMV page however, states that you need a Class E driver's license to operate a moped and that a tag is required (registration).
So either one of two things is true...
1.) Since you can't legally register a gas powered bike AS a moped, then it is not one and no driver's license in required.
2.) Even though you can't register a gas powered bike as a moped, when it comes to Driver License law (NOT Motor Vehicle law) it's considered a "motor vehicle" and to "drive" a "motor vehicle" you need a driver's license. (in this case, a Class E or higher).
These are the two possibilities and as I stated earlier, I personally wouldn't ride one without a driver's license, UNTIL I had a notorized letter from the AG's office on letterhead stating specifically that I didn't need a driver's license to ride a gas powered bicycle OR specific verbiage in a Florda statute declaring a gas powered bicycle did not require a driver's license.
FWIW, as another poster wrote in either this thread or another thread...
Those WITH a driver's license AND an already registered (homemade) "moped" won't care.
Those WITH a driver's license AND a gas powered bicycle (currently) won't care either (unless the procedural document changes AGAIN)
Those WITHOUT a driver's license will always say, you don't need one.
Everyone else will be stuck in limbo (Just like me).
P.S. For my own personal reasons, I elected to go the electric bicycle (capable of no more then 20mph) route and ultimately have no issues except for law enforcement interactions where the cops don't know the electric bicycle laws until I show them the various statutes and state PDFs that define my (electric) bicycle as just a regular bicycle and no license needed.
Scheidde
New Member
Fight any ticket you get concerning needing a license or registration.....
Because there is no specific law on the books...Prosecutor was visibly ****ed when she had to refuse to prosecute...Took 7 months of going to court and pressing them to put it to a jury..The State NOLO PROSEQUII'ed at the last minute...Did not want to lose in front of a jury....Public Defender said I should just accept plea bargain of "operating a motor vehicle on a sidewalk" ..I fought them tooth and nail...THEY LOST......
Citation Nbr Party Type Party Nbr Vehicle ID Nbr Body Type Make Color Year
20*****GDW D 1 MOPED UNKN SV
20*****GDW D 1 MOPED UNKN SV
CRIMINAL TRAFFIC ORIGINAL DISP 01/22/2010 STATE VS ME DEFENDANT (1) 08/22/1965
Cnt Record No. Charge Dt Statute Charge Disp Dt Final Disp Citation No.
1 1 01/20/2010 320.02.1-A NO MOTOR VEHICLE REGISTRATION 08/09/2010 NOLLE PROSEQUI 20103724GDW
2 1 01/20/2010 322.34.2.A DRIVING WHILE LIC SUSP REV CANC WITH KNOWLEDGE 08/09/2010 NOLLE PROSEQUI 20103723GDW
Because there is no specific law on the books...Prosecutor was visibly ****ed when she had to refuse to prosecute...Took 7 months of going to court and pressing them to put it to a jury..The State NOLO PROSEQUII'ed at the last minute...Did not want to lose in front of a jury....Public Defender said I should just accept plea bargain of "operating a motor vehicle on a sidewalk" ..I fought them tooth and nail...THEY LOST......
Citation Nbr Party Type Party Nbr Vehicle ID Nbr Body Type Make Color Year
20*****GDW D 1 MOPED UNKN SV
20*****GDW D 1 MOPED UNKN SV
CRIMINAL TRAFFIC ORIGINAL DISP 01/22/2010 STATE VS ME DEFENDANT (1) 08/22/1965
Cnt Record No. Charge Dt Statute Charge Disp Dt Final Disp Citation No.
1 1 01/20/2010 320.02.1-A NO MOTOR VEHICLE REGISTRATION 08/09/2010 NOLLE PROSEQUI 20103724GDW
2 1 01/20/2010 322.34.2.A DRIVING WHILE LIC SUSP REV CANC WITH KNOWLEDGE 08/09/2010 NOLLE PROSEQUI 20103723GDW