Florida Legal to ride. All you need to know

Discussion in 'Laws, Legislation & Emissions' started by Gene, Jun 15, 2014.

  1. Gene

    Gene Member

    We can now register our bikes and be legal in Florida. No more worry about the being on the wrong side of the law.

    For the Visit to the DMV all you need to cite is RS -68

    You can download that here.... http://www3.flhsmv.gov/dmv/Proc/RS/RS-68.pdf

    As far as your bike is concerned all you need to have is a bike with a no larger than 49 cc and the following equipment

    WORKING Stoplight
    Reflectors 1 Red 2 Amber
    Rear View Mirror
    Front and Rear Brakes
    Throttle - Twist or Thumb
    License Plate Light

    Whether you have a Drivers License or not there is no reason not to have a road legal bike. You may avoid a lot of trouble if your bike is legal. At least that is one step in the right direction.

    Those of us who do not have this problem are over joyed at the fact we can now ride LEGAL IN FLORIDA.
    Last edited: Jun 16, 2014

  2. darwin

    darwin Well-Known Member

    Here we go again........................Fla has to have the most ambiguous MAB laws of any of the 50 states.
  3. Gene

    Gene Member

    Nothing could be farther than the truth here. RS-68 is a complete procedure for rider and the DMV to issue a tag for a Bike with a Gas Powered Motor. Including the safety requirements listed above. There is nothing ambiguous about it. What some are upset about is now with these changes the Bikes are now considered Motor Vehicles. So if there was ambiguity over needing a Drivers License that seems to be pretty clear now. You do.
  4. Specialx

    Specialx Member

    No it doesn't. The new procedure RS – 68 shows exactly how to register a gas assisted bicycle as a moped. That is definitely not ambiguous, even in the least.

    Does anyone have a copy or know where to find the actual "title 49 fed requirements for mopeds?" I couldn't find it anywhere.
    Last edited: Jun 21, 2014
  5. Barnfresh

    Barnfresh Member

    Question - Is a moped a motor vehicle? If not then how can one 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.

    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.

    ____________Title 49, United States Code (U.S.C.), section 30101_____


    "Vehicles such as mopeds; dirt bikes; pocket rockets; off road scooters; etc., are not motor vehicles under NHTSA’s regulations. These and similar vehicles are regulated by the Consumer Product Safety Commission. www.cpsc.gov"

    Now according to Florida statutes we've gone full circle back to following the safety standards set forth by the CPSC for bicycles. Nothing ambiguous here huh???
  6. Gene

    Gene Member

    Not really the Federal regulations have only to do with Manufacturers Specifications for Scooters. Not as individual state regulations establish for Assembled as parts Motor Vehicles. Florida is still a state that still reserves State Rights in spite of an over reaching Federal Government. AND that's how we like it here in the South. CPSC and NHTSA has no bearing or on this. refreshing isn't it.
    Last edited by a moderator: Dec 15, 2015
  7. Specialx

    Specialx Member

    You are missing the point.
    You have to look at the drivers license statutes. That is where they get you and state that you need a drivers license for a moped..
    Your argument has been used before. Although one statute says it is not a motor vehicle, there is another statute that says that it is a motor vehicle (The drivers license statutes).
    There was an opinion given out by the Florida state atty. Gen., that stated that even if one statute says it is not a motor vehicle since the drivers license statute does consider it a motor vehicle, that it does require a drivers license to operate one on the Florida public roads.
    Any federal guidelines that state anything about the consumer safety commission, is only in regards to sales of such vehicles throughout the states. It says nothing about individual states and the use of those vehicles on their own roads.
    So, although, some people believe it is a great area, it is absolutely not.

    Even following your logic, it states in what you quoted above that mopeds off-road scooters etc. etc. would mean that it would not be allowed on public roads at all.

    You forgot to mention this part...

    Section 30102 defines "motor vehicle" as "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways but does not include a vehicle operated only on a rail line.
    Last edited by a moderator: Dec 18, 2015
  8. Barnfresh

    Barnfresh Member

    Not only did I not forget to mention Section 30102 I provided a link to it http://www.nhtsa.gov/cars/rules/maninfo/mcpkg007.pdf

    You need to read the entire document not just single out the first sentence you run across that suits your personal agenda.

    ____________Title 49, United States Code (U.S.C.), section 30101_______________
    (the Act) authorizes NHTSA to issue safety standards for motor vehicles and items of motor vehicle equipment.
    This document references various quotes from two levels of U.S. law.
    The first level is Title 49, United States Code (U.S.C.), section 301. The U.S.C. is produced through the efforts of the U.S. Congress and the U.S. President. www.nhtsa.dot.gov/cars/rules/standards
    The other level of law is 49 Code of Federal Regulations 500-599 (CFR). Parts 500 through 599 of the Code of Federal Regulation, are drafted and enforced by the National Highway Traffic Safety Administration (NHTSA):t
    Do not be confused by the (accidental) commonality of the prefix (49) in the different laws. The laws are distinctly different from one or the other.

    Section 30102 defines "motor vehicle" as "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways but does not include a vehicle operated only on a rail line.

    Motor-driven cycle means a motorcycle with a motor that produces five (5) brake horsepower or less.
    Scooter means a motorcycle that:
    (1) Has a platform for the operator's feet of has integrated footrests, and
    (2) Has a step-through architecture, meaning that the part of the vehicle forward of the operator's seat and between the legs of an operator seated in the riding position, is lower in height than the operator's seat.
    Two-wheeled or three-wheeled vehicle manufactured with vehicle identification numbers (VIN), certification labels, mirrors, turn signals, side marker lamps, and stop lamps (otherwise called on-road equipment) are regarded as "motor vehicles. Vehicles lacking this equipment are not considered motor vehicles, and do not fall under NHTSA regulatory authority.
    Vehicles such as mopeds; dirt bikes; pocket rockets; off road scooters; etc., are not motor vehicles under NHTSA's regulations. These and similar vehicles are regulated by the Consumer Product Safety Commission. www.cpsc.gov

    Many states will spell out in their vehicle codes or statutes that mopeds must meet equipment safety standards under 49 CFR as they apply to motorcycles or motor driven cycles. Many states also go a step further and identify each requirement as far as lighting, mirrors, reflectors, D.O.T. rims, tires and other safety equip by assigning each to its own statute or code. I think this was probably Florida's intent however they stopped short and simply referred back to tile 49 Code of Federal Regulations as they apply to mopeds, which is clearly muddled by the NHTSA statements above. If this is the case then Florida needs to publish another "Procedure" for the vehicle inspectors to follow. If the intent is to follow Federal equipment safety requirements for motorcycles then you have a lot of hoops to jump through including but not limited to:

    > D.O.T. approved headlight with high/low beam that would be required to remain lit when riding during daylight hours.
    > D.O.T. approved tail / brake lamp that will burn for 20 min with the engine off.
    > D.O.T. approved license plate light.
    > D.O.T. approved Rims & Tires.
    > D.O.T. turn signals depending on which cycle regulation you must follow.
    > Both front and rear reflectors visible from each side of the Moped.
    > Mirrors, front and rear brakes, horn, switches on both brakes to operate brake light, epa approved muffler ect. etc.......

    Anyone here know whether the Florida inspection stations are looking at the Federal DOT equipment safety requirements for motorcycles or the Consumer Products Safety Commission safety equipment guidelines for bicycles when conduction their inspections. My guess is that it's open to interpretation by the individual inspector. ~Barnfresh
    Last edited by a moderator: Dec 18, 2015
  9. Barnfresh

    Barnfresh Member

    Hey SX, how are you doing on that search for those Title 49 CFRs for Mopeds!
  10. Specialx

    Specialx Member

    Your original point, I believe, was that you were stating that a moped isn't considered a motor vehicle and suggested a registration statute to back it up.
    I understand the confusion, but I did explain that in terms of licensing requirements, it IS considered a motor vehicle.
    Now for those looking for the "title 49" requirements, that was the next step.
    I'm personally not sure what those requirements are and that's why I was asking the question above....

    NOW, if your saying the "grey area" is what those exact requirements are, I have to agree with you...
    But that does not take away from the fact that for licensing requirements, they are motor vehicles and you do need a drivers license to operate them on public roads.

    I will see if I have time tomorrow to call the DMV and ask them where I can find the title 49 requirements for mopeds in the federal statutes. (Or, at least, what THEY determine the requirements are)

    Facts of the matter are..
    1.) There IS a procedure to register as a moped.
    2.) It IS REQUIRED that the operator has a drivers license to operate on the public roads.
    These are not in contention.
  11. Gene

    Gene Member

    Sometimes it is better to leave sleeping dogs lie.
  12. Barnfresh

    Barnfresh Member

    My original reply was in response to your quest for Title 49 safety regulations as they apply to mopeds. My questioning whether they are motor vehicles was to engage in a discussion as to whether inspection stations are looking for safety equipment as required by Federal laws for motorcycles, or whether they are good with safety equipment as would be required on bicycles. No question on licensing reqirements, nothing grey there as Florida law is cut and dried in that area. And yes the statutes deem mopeds as motor vehicles for the purpose of drivers licensing requirements.