RS-68 Selling Stuff?

[Gene]

Yes People like Gene. People like Gene want to get on their MB and ride it in peace. We don't want to look over our shoulders every time we see a cop car. We don't want to ghost pedal to fool the Cops either. People like Gene don't want to grapple with what some think is the end of freedom in the USA because our bikes now have a license tag like every other vehicle on the road has been required to have for the past 100 years. And people like Gene did their part to make MBs legal in the state of Florida. Something People like Gene are proud of doing. People like Gene don't play amateur lawyer and argue a case that would never make it to a court room. People like Gene get very bored with reading that crap. And to conclude People like Gene recognize that MBs are not that special from other transportation methods which some think here MBs are an inalienable right. Oh and one more thing People like Gene is selling his street legal motorbike. Please consult the Classified section of this forum for more detail. (unabashed plug)

 

[Specialx]

Go back to the basics.

Does the Definition of a "Motor Vehicle" require it to be involved in "Transportation"?



What does "transport persons or property" mean?

Do you transport persons or property on a motorized bicycle?

If yes, your motorized bicycle is a "Motor Vehicle" and the Statute requires registration for it and licensing for you.

This is very clear.

But what if your motorized bicycle does not transport persons or property?

Does it need to be registered? If you say yes, why?

What does transport mean?

An example: Abstract: -Any motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. -Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle. -Any person who is in actual physical control of a motor vehicle upon the highway, or who is ...

When you operate your motorized bicycle are you compensated?

Under the Statutes does a motorized bicycle qualify as a "Motor Vehicle" ?

If a motorized bicycle is not considered to be a "Motor Vehicle" how does RS68 apply?

You see, RS68 assumes that your motorized bicycle is being used to transport for compensation.

Read the Statute slowly and carefully, it is very clear and easy to understand.

IF that was how "motor vehicle" was defined.. BUT, it was not defined that way...
I believe you were taking an abstract from a SPECIFIC TYPE of motor vehicle.
Especially for profit....

The generic motor vehicle definition does NOT say that for the specific statute we are talking about.

Not going to comment on the right to travel arguement anymore, other than to say your incorrect in that thinking.. I'm not going to waste anymore time on it, as people who really want to depend on it, do it for the main reason that they just don't want to follow the law and try to find ways/loopholes around it.. Whether the reason be money, no license, whatever.

Get over it.. People were complaining that it was a gray area, and now that it's not, people are still complaining.. One way or the other.

This really isn't the thread for this discussion.. Maybe start another thread to discuss "right to travel" arguments.

In my opinion, I've already shown that the motor vehicle / right to travel / license issue with motorized (gas) bicycles has been disputed... Any other attempts just seem as if to use other definitions in other statutes or other descriptions not related to the original argument.

To that end I'm no longer going too comment on those issues.

 

[Specialx]

I won't comment on Florida, but I will comment on an American mentality that frustrates me to no end. Americans simply do not want to promote cheap and efficient transportation for the people. One is expected to embrace "car above all" culture, and all attempts to confront this ridiculous system are always met with disdain. Even the vast majority of motorcycle riders treat their vehicles as little more than toys: big, inefficient, and allow them to sit in the garage while they drive their real vehicles to work.

These petty regulations are made along this line. They do nothing to make our dangerous roads safer (that would take serious work!). They do nothing to promote efficient transit. They are punitive measures designed to make it so only cars and trucks can use the roads. The problem is that driving sucks and it is expensive. The reaction is to work to make it where every other form of travel sucks, too.

Timbone

I agree whole-heartedly in the respect that this is the way things are.
To the point that, my opinion is that most things the government does, is not for the people but for those people in power to get more power, money, etc.

I think it's a constant battle between those with money and power and those who do not..

My opinion is that those who always follow the law and have money, etc.. look down on those that don't particularly have the money and say something to the effect of.. "Look, I've worked hard, followed the law, made my money, do everything 'right' and everyone else who doesn't should just deal with it."
Even though the 'right' way isn't exactly easy or ethical or whatever....
But that's a discussion for another place and time.
In regards to the auto-centric nature of our country, it's been that way since Ford came up with his mass production way of producing that which made our country as strong as it is today, in respect to how relatively young out country is compared to the rest of the world.
My .02

 

[boyntonstu]

The generic motor vehicle definition does NOT say that for the specific statute we are talking about.

OK Present the generic motor vehicle statutory definition that does not relate to transportation and I will concede your point.

(BTW Each specific statute stands alone, and it is implemented separately from all other statutes.)

This is a list of the entire Motor Vehicle section of the Florida Statutes:

TITLE XXIII MOTOR VEHICLES Ch.316-324
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
Chapter 317 OFF-HIGHWAY VEHICLE TITLING
Chapter 318 DISPOSITION OF TRAFFIC INFRACTIONS
Chapter 319 TITLE CERTIFICATES
Chapter 320 MOTOR VEHICLE LICENSES
Chapter 321 HIGHWAY PATROL
Chapter 322 DRIVER LICENSES
Chapter 323 WRECKER OPERATORS
Chapter 324 FINANCIAL RESPONSIBILITY


http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XXIII#TitleXXIII

Feel free to search.

When you are finished searching and do not find a Motor Vehicle definition that is not linked to commercial transportation, will you concede?

 

[Specialx]

Your whole arguement is based on the word transportation. Which is not defined, nor does it need to..
When dealing in commercial transportation, THAT is when (your version of) transportation was invoked and (as you even did it-with the highlighting of) was qualified with the word compensation.

I don't have to (additionally) search the statutes for specific examples as you've already shown that when they were speaking of commercial applications they added a qualifier to it for said commercial applications.

99.99% of the country understands that if you want to drive a motor vehicle, you need an operators license.
The only ones who don't are the ones that don't want to get licenses or have lost theirs, so instead of taking responsibility, they want to find some kid of loophole.

There is no longer a need to continue with this line of discussion, it really is a moot point as the "right to travel" argument has never worked within the legal system, nor will it ever.

 

[Gene]

What a distorted way to look at life. People who follow the law and have money look down upon those who don't have money. First what does following the law have to do with having money. And are the only people with money the ones who follow the law? There are a majority of people who do not have money and follow the law as there are a majority of people who have money follow the law as well. This makes for a civilized society. So taking it a step further if you don't want a tag or a license or insurance for that matter and have no money you can break the law. Well I think you can try to change the laws you don't like so get busy instead of complaining about those who play the game legally. Funny how the ones with out money look to the law to protect them when it is convenient.

 

[boyntonstu]

When dealing in commercial transportation, THAT is when (your version of) transportation was invoked and (as you even did it-with the highlighting of) was qualified with the word compensation.

If you want to argue definitions, please use the Law Definitions.

http://thelawdictionary.org/transportation/

What is TRANSPORTATION?

The removal of goods or persons from one place to another, by a carrier. See Railroad Co. v. Pratt, 22 Wall. 133, 22 L. Ed. 827; Interstate Commerce Coin’n v. Brimson, 154 U. S. 4 17. 14 Sup. Ct. 1125, 38 L. Ed. .1047; Gloucester Ferry Co. v. Pennsylvania, 114 U. S. 100, 5 Sup. Ct. S26, 29 L. Ed. 158. In criminal law. A species of punishment consisting in removing the criminal from his own country to another, (usually a penal colony.) there to remain in exile for a prescribed period. Fong Yue Ting v. U. S., 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 005

Law Dictionary: What is TRANSPORTATION? definition of TRANSPORTATION (Black's Law Dictionary)


You are entitled to your opinions, but you are not entitled to your incorrect version of the facts.

Are you involved in transportation as legally defined?

 

[dougsr.874]

I think you have beaten a dead horse to death here...

 

[Specialx]

He either doesn't understand that transportation has NOTHING to do with being paid, GIVEN that they even added the " 'compensation' qualifier" to the commercial aspect of the motor vehicle definitions OR he's just being a troll OR he's one of those guys who thinks every government action has to deal with some kind of conspiracy..
Everyone knows that the right to travel argument doesn't work and is the last ditch effort of those who think they don't need to follow the laws that everyone else adheres to.

 

[boyntonstu]

If you do not understand what the State regulations mean by "Transportation", do you operate your motorized bicycle as a "carrier"?

Not my words, "carrier", whose legal definition, I do not wish to argue.

The horse is alive and well.

Just follow the Law.