I just had a run in with the volusia county sherrif i got a citation for no registration or drivers license dmv wont register it saying they are illegal and its said no dl is needed its a 49 cc motor what should i do im hearing so many conflicting stories and im about ready to sell this thing and be permenetly done with it
illegal in fl?
- Thread starter tbolt76
- Start date
Check this out. It is the latest ruling from the state: http://www3.flhsmv.gov/DMV/Proc/TL/TL-10.PDF
Down close to the bottom is EXHIBIT F, FREQUENTLY ASKED QUESTIONS AND ANSWERS. Scroll down to #3.
I would suggest you print out that whole document and have it with you when you contest the citation. Be sure to keep us updated.
Terry
Down close to the bottom is EXHIBIT F, FREQUENTLY ASKED QUESTIONS AND ANSWERS. Scroll down to #3.
I would suggest you print out that whole document and have it with you when you contest the citation. Be sure to keep us updated.
Terry
Section 316.003(2), F.S., defines bicycle as “every
vehicle propelled solely by human power, and every
motorized bicycle propelled by a combination of
human power and an electric helper motor capable of
propelling the vehicle at a speed of not more than 20
miles per hour on level ground upon which any person
may ride, having two tandem wheels, and including
any device generally recognized as a bicycle though
equipped with two front or two rear wheels. The term
does not include such a vehicle with a seat height of no
more than 25 inches from the ground when the seat is
adjusted to its highest position or a scooter or similar
device. No person under the age of 16 may operate or
ride upon a motorized bicycle.”
That is the law in Florida.
The motor must be electric. Riding on the street with a gas motor on a bicycle in Florida with no DL is asking for tickets !
It is legal to ride it off road.
http://www.floridatrailriders.org/articles/croom.htm
It should have a muffler.
http://www.floridatrailriders.org/ftr_forums/index.php
vehicle propelled solely by human power, and every
motorized bicycle propelled by a combination of
human power and an electric helper motor capable of
propelling the vehicle at a speed of not more than 20
miles per hour on level ground upon which any person
may ride, having two tandem wheels, and including
any device generally recognized as a bicycle though
equipped with two front or two rear wheels. The term
does not include such a vehicle with a seat height of no
more than 25 inches from the ground when the seat is
adjusted to its highest position or a scooter or similar
device. No person under the age of 16 may operate or
ride upon a motorized bicycle.”
That is the law in Florida.
The motor must be electric. Riding on the street with a gas motor on a bicycle in Florida with no DL is asking for tickets !
It is legal to ride it off road.
http://www.floridatrailriders.org/articles/croom.htm
It should have a muffler.
http://www.floridatrailriders.org/ftr_forums/index.php
Last edited:
Motorbiker, did you read the PDF that I posted a link to? It specifically mentioned a gas powered bicycled.
Terry
Terry
sounds like a pretty solid defense to me. If thats the case Im suing the sherrifs office for harassment and wrongful citation!
For those without Adobe Reader :
3.
Scenario: A company is advertising on TV a gas engine kit that can be added
to a bicycle. The engine is tied into the pedal system like a Moped
and it has to be pedaled to start the engine. It is advertised that the
bicycle will be propelled to 30MPH.
Q. How is the tax collector supposed to register this bicycle/gas engine
assembly?
A. The definition of bicycle under s. 316.003(2), F.S., includes
motorized bicycles. Bicycles are not registered or titled.
Engine kits for bicycles are not new and there are a variety of
kits available, however, they remain bicycles after the engine
kit is installed. There are other requirements that must be met
to be classified as a motorcycle/scooter/moped such as frame
assembly and safety features. If a customer brings in
paperwork for a bicycle, they cannot be legally issued a title or
registration nor is it required. The agent should also direct the
customer to law enforcement if there are any questions as to
where the motorized bicycle can be used.
3.
Scenario: A company is advertising on TV a gas engine kit that can be added
to a bicycle. The engine is tied into the pedal system like a Moped
and it has to be pedaled to start the engine. It is advertised that the
bicycle will be propelled to 30MPH.
Q. How is the tax collector supposed to register this bicycle/gas engine
assembly?
A. The definition of bicycle under s. 316.003(2), F.S., includes
motorized bicycles. Bicycles are not registered or titled.
Engine kits for bicycles are not new and there are a variety of
kits available, however, they remain bicycles after the engine
kit is installed. There are other requirements that must be met
to be classified as a motorcycle/scooter/moped such as frame
assembly and safety features. If a customer brings in
paperwork for a bicycle, they cannot be legally issued a title or
registration nor is it required. The agent should also direct the
customer to law enforcement if there are any questions as to
where the motorized bicycle can be used.
We already know it cannot be registered or titled. That pdf does not say u can ride gas powered motorized bikes on the road or in the bike lane without a dl. These gas powered motorized bikes are mopeds. 50cc's and under is a moped. Mopeds needs dl. The only thing u can put on a bicycle that doesn't require a dl is a electric motor. You just can't go over 20mph on an electric, if u do and a cop sees u...he'll pull u over. That is also fl law. I tried using that pdf when i got pulled over in washington county last saturday and the cop said what i have stated above. I've called the number on the citation i got last saturday, twice so far, and the lady still say they haven't recieved the ticket. Im going to call today, tomorrow, monday and tuesday. After than if they still don't have it, I'm just going to throw it in the trash and keep the number on my phone to show i called mutiple times and they said they didn't recieve it. Just letting yall know.
Last edited:
There is a difference between a moped and a motorized bicycle. A moped comes factory with a vin - that is truely the line.
Moped.--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 centimeters. [s. 316.003(77), F.S.]
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 centimeters. [s. 316.003(77), F.S.]
Here is what makes a bike NOT a moped: ...."There are other requirements that must be met
to be classified as a motorcycle/scooter/moped such as frame
assembly and safety features.".... a moped CAN & MUST be registered. A bicycle CANNOT. Don't do like another member and read anything into it that isn't there.
Terry
to be classified as a motorcycle/scooter/moped such as frame
assembly and safety features.".... a moped CAN & MUST be registered. A bicycle CANNOT. Don't do like another member and read anything into it that isn't there.
Terry
I know what it says. I got pulled over and told by a cop that i was driving a moped without a license and have the citation to prove it. I read that pdf to the cop and he said that isn't the right one that defines a bicycle. Its a moped according to Florida law enforcement and the state statutes. That pdf isn't right. Cuz that definition is totally different from what the statute says that defines a bicycle. The link below tell the exact definition of a bicycle. Sure its dated 2010, but thats what law enforcement are using.
http://www.leg.state.fl.us/statutes...ng=&URL=0300-0399/0316/Sections/0316.003.html
http://www.leg.state.fl.us/statutes...ng=&URL=0300-0399/0316/Sections/0316.003.html
This appears to be instructions for the tax collector .
It is telling them not to give owners of homemade gas powered bicycles a moped tag.
Don't understand ? Ask a cop.
Next in line please, people are waiting ?
There sure are plenty of home made hotrods, dune buggys and motorcycles in Florida with tags though.
Check out any hotrod or motorcycle show.
This is where the cops sell the motorized bikes they take.
Home page *Next Sale August 13th, 2011
It's messed up.
Don't let the cops get your bike ! ! ! They will just sell it to someone else ! ! !
Home page *Next Sale August 13th, 2011
It's messed up.
Don't let the cops get your bike ! ! ! They will just sell it to someone else ! ! !
Last edited:
I talked to a lawer and he said that 98 99 percent of these motorized bicycle cases get dismissed because the state attorney has bigger fish to fry. Hes not going to waste time and effort on someone who has no criminal record whatsoever and was simply misinformed about the laws. when he can concentrate on dui murder and big stuff. turns out i might not be worth the effort but im going to go ahead and email the state attorney the link to that document wich the lawyer suggested and hope for the best. he has handled these motor bike cases before
Yes, but you must read what IS there
The "such as frame assembly and safety features" clause does not exempt our bikes as motorized vehicles. It simply says that they do not pass the safety requirements to be considered road worthy motorized vehicles.
It also does not exempt them from moped status, they are just not road worthy mopeds.
The other passage clearly tells us to check with LE to see where they are permissible, LE may tell you that they are only permissible off road on private property.
These things are getting real real popular now, the rules will be codified very soon I think
It no longer matters to me now the bike is sold and im not getting another one hopefully that will get me off the hook!
With the present situation appearing in the front page news there are gonna be a LOT more abusive tax schemes foisted upon the people, in general.
It's difficult, but we all need to be present for our day in court and inform the magistrate this is just not acceptable.
Yes, it's politics, but no more or less than the abusive statue that is being arbitrarily enforced, depending upon the public servant's interpretation when he has NO authority to interpret laws. I'll admit a
officer does have, and IS allowed to exercise disgression. In many situations, that is usually to let someone go 'with a warning', which I don't much care for either... Why did you interrupt my PEACEFUL passage from A to B ?
It goes on and on...
If EVERYONE went to court to contest traffic citations, the system would be forced to abandon all but reckless endangerment of others upon complaint of a citizen.
Best
rc
It's difficult, but we all need to be present for our day in court and inform the magistrate this is just not acceptable.
Yes, it's politics, but no more or less than the abusive statue that is being arbitrarily enforced, depending upon the public servant's interpretation when he has NO authority to interpret laws. I'll admit a
officer does have, and IS allowed to exercise disgression. In many situations, that is usually to let someone go 'with a warning', which I don't much care for either... Why did you interrupt my PEACEFUL passage from A to B ?It goes on and on...
If EVERYONE went to court to contest traffic citations, the system would be forced to abandon all but reckless endangerment of others upon complaint of a citizen.
Best
rc
