florida legislation- a possible solution

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gottmoore

Guest
http://myfloridalegal.com/__8525623...5980058542F?Open&Highlight=0,operation,mopeds

this is what I found in a search for the florida legislation after getting stoppedlast week. I didnt make a big deal of it and pedaled away. I feel
the local 5/0 quoted wrong statutes for motorized scooters.
I will try to prove a point without creating a bad vibe, but before I go to see the man......

I got what I think will make peace- what do you think????

be nice I'm a newbie;)
 


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gone_fishin

Guest
i was aware of the liberal "safety" requirements down there, i flaunted them myself a few times on my K1000P (it's easy to flaunt anything on a K1000P, my zero-copay Veteran's card meant i didn't have to wear a helmet, so i didn't)...when i got rid of it, i didn't get a motoredbike, but i did pedal a nice diamondback everywhere for about 5 years straight. about twice a year i'd find myself replacing badly crunched wheels & begging the police to back me up, which never happened of course.

anyway...you know that old o-o-l-l-d lady? the one who drives that big mercury? see how she's barely big enuff to see thru the steering wheel and over the hood? notice how she's wandering every which way? yeah, that's her...you know who i'm talking about.

well, she doesn't know or care that it's legal to ride without protective gear. brother, she isn't even aware you're right next to her, she's too intent on making that right turn...and you know what else? she's gonna get off scott-free when she drags you under her car til you're dead dead dead...i know it, and you know it, that's the way it is down there.

so, required or no, please consider practicing basic safety and road rules...i promise you'll be hassled a lot less by the jupiter (and pbc sherrif) 5-0 if you look like you're trying :)
 
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G

gottmoore

Guest
touche'

Cheers, and thanks for your response. Yep the old lady or a similar strain is still alive and well terorizing the masses. Due caution and a sense of adventure/ imminent death experience is required for even pedestrian activities let alone our brand of "insanity". A helmet and glasses is no protection from the carnage you describe. It can happen anywhere, any time, and yes the result is as typically unfair no matter what state you are in.

100 years went by, and nothing has changed. We will always be "those idiots" to those who cannot comprehend or are "in the box" thinkers. There were people just like us back in 1907, Harley and Davidson were but the notable few. Geez, their bikes even still have a stunning similarity.

And while I may decide to practice a differing point of view on the safety precaution topic, the possible holy grail is contained in this vast volume of legal speak.

operation of said classification of motorized bicycle


I have cut and pasted for this portion of topic. I really didnt know how to highlight the section on mind for the topic first post, and wanted to convey the source- the florida attorney generals office

Here lies a portion of the topic post

The Legislature defines a moped as a bicycle in s. 316.003, F. S., and changed the definition of 'bicycle,' 'motorcycle,' and 'motor-driven cycles' and excludes motor-propelled bicycles or 'mopeds' from the definition of 'motor vehicle,' 'motor-driver cycles,' and 'vehicle' by Ch. 76-286, Laws of Florida, as reference to the title thereof clearly discloses, and provides regulations for such motor-propelled bicycles or 'mopeds' in s. 316.111, F. S. In the latter section the Legislature provided special regulations in subsections (14) and (15) applicable only to the operation of bicycle/mopeds. More importantly, the Legislature did not prescribe in these special regulations for moped operators the requirements imposed on motorcycle riders by s. 316.287, F. S., which include the wearing of protective headgear and eyegear. Effectively, by reclassifying mopeds from motorcycles or motor-driven cycles to bicycles, the Legislature has said that the uniform law throughout the state is that moped operators shall not be subject to the requirements placed on motorcycles operators and riders of wearing protective headgear and eyegear and, in fact, shall be treated as bicycle operators except for the requirements of s. 316.111(14) and (15), which are special regulations or exceptions operating uniformly throughout the state and in all municipalities.

Further evidence that the intent of the Legislature in enacting Ch. 316, F. S., was to provide uniform traffic laws and traffic ordinances is found in s. 316.007, which provides in pertinent part as follows:

The provisions of this chapter shall be applicable and uniform throughout the state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinances on a matter covered by this chapter unless expressly authorized . . .. (Emphasis supplied.)

On consideration of the foregoing it is clear that the Legislature intended, by its comprehensive action in enacting Ch. 76-286, Laws of Florida, classifying motor-propelled bicycles or 'mopeds' as bicycles and determining how they were to be regulated on a uniform state-wide basis, to require that moped operators or riders be treated as bicycle operators or riders uniformly throughout the state and in all the municipalities therein. The Legislature by enactment of Ch. 316, as amended aforesaid, and by making it unlawful to enact, and prohibiting the enactment or enforcement of, any traffic ordinances in conflict therewith has effectively preempted the regulation of bicycle/mopeds to the state. Furthermore, because moped operators had, prior to such action, been required to wear the same protective devices as other motorcycle riders according to the Department of Highway Safety and Motor Vehicles, the reclassifying of mopeds as bicycles clearly demonstrates that the Legislature intended that moped riders be relieved of the requirements of wearing such protective devices throughout the state.


Run that over;)
 
G

gone_fishin

Guest
i guess i should have also added "yes, i think you're pretty much on your own, legally and physically, in florida" because i DO believe the law says so. if the cop isn't already upset about something, you should be good to go. print and laminate the relevant stuff & carry it with you.

not sorry about sounding so preachy, tho, it was with the best of intentions. i have no choice but to respect your choice, & i'm cool with that :cool:

__________________
"....Get a bicycle. You will not regret it. If you live." - Mark Twain
 
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G

gottmoore

Guest
Thanks augie

Opposing points of view are why this place exists
cause if we all thought alike, it would be pretty boring
and do nothing to promote our agenda- world domination:p


No harm, no foul :cool:


I have to give you this- I do always ride with protective eye wear
and I do own a bike helmet-plus I never said I was a smart man
 
G

gottmoore

Guest
Florida registration- The REAL deal

The link below is not painful to follow, but was really hard to find. I feel a lot better, and so should anybody who is riding in Florida. If you have this with you when you go to the DMV, registration should be a breeze. Once I do mine, I will follow up here

Further, operation is as decribed for motorcycles, however, no helmet or glasses are required as is listed in my other thread. That said, you really need to use YOUR best judgement on this issue.

http://www.hsmv.state.fl.us/dmv/faqmotor.html#27

I tried to attach it but it was too large. Dont worry, the link is easy to follow
 
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jtotton770

New Member
Joined
Feb 16, 2008
Messages
18
Never never say moped I repeat NEVER NEVER NEVER SAY MOPED YOU ARE NOT A moped .
FL LAW PROVIDES THE KEY IN DEFINITION OF A BICYCLE . STAY UNDER 50CC YOUR GOOD TO GO /. THE fist time you say moped your done . You ARE a bicycle remember . If its eye protection use it .
 
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pokerhelper

New Member
Joined
Jan 20, 2008
Messages
25
Do not be selfish. NEVER wear a helmet. Wearing helmets has a very negative impact on the availability of organ donors, and we want to help as many people as we can, don't we? :eek:
 

jimmypodunk

New Member
Joined
Jul 12, 2009
Messages
6
seems like if it goes less than 20 mph and is 49cc or less it's a bicycle. If it goes over 20 but less than 30 mph then it's a moped by definition.
 
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