Is a License required in Florida

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soccerrj88

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Sep 30, 2009
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Well I found out in the state of Florida, there is a clause specifically stating there is a difference between a moped, scooter and motorized bicycle in the FL statutes, that says you do not need a license to ride the MB's. I had the Assistant States Attourney look it up. Just as a FIY to anyone who was wondering...
 
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SANGESF

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Feb 23, 2009
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Lake Worth
soccerrj88 said:
Well I found out in the state of Florida, there is a clause specifically stating there is a difference between a moped, scooter and motorized bicycle in the FL statutes, that says you do not need a license to ride the MB's. I had the Assistant States Attourney look it up. Just as a FIY to anyone who was wondering...
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tellme where to find that clause... I don't see it anywhere
him telling you means nothing, you need to show the statute that states it
 
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SANGESF

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cbabb said:
If your 13 and older all you have to do is where a helmet and your perfectly legal!
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Absolutely INCORRECT.

I said, show me that "clause" because I've never seen it.
Give me the statute number.

Law is... You need to be 16 or older and you NEED a Drivers license.
 
RedB66

RedB66

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Dec 28, 2007
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Sunshine State
I carry a copy of this in my wallet. If you scroll down to item 21 it states....

(21) MOTOR VEHICLE.--Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

By definition it is not a "Motor Vehicle"

Statutes & Constitution :View Statutes : Online Sunshine

Thats my story and I'm sticking to it....... Most cops don't have a clue. I've been riding in Florida for four plus years now and haven't had a problem (or ticket). I still follow all the basic rules that apply for normal driving.... full stops, speed limits, etc....
 
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SANGESF

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RedB66 said:
I carry a copy of this in my wallet. If you scroll down to item 21 it states....

(21) MOTOR VEHICLE.--Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

By definition it is not a "Motor Vehicle"

Statutes & Constitution :View Statutes : Online Sunshine

Thats my story and I'm sticking to it....... Most cops don't have a clue. I've been riding in Florida for four plus years now and haven't had a problem (or ticket). I still follow all the basic rules that apply for normal driving.... full stops, speed limits, etc....
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that's nice if you get an officer that doesn't know the laws.
For the rest of the cops and any judge and/or any prosecutors that actually DO know the laws.
It doesn't matter what a cop thinks or does not think, it's the judge that matters
What you've stated is part of the state uniform traffic codes but it has NOTHING to do with drivers licenses.
Since a bicycle with a gas motor is defined as a moped in the laws concerning drivers licenses and since it's classified as a moped, and the fact that you need a DL to ride a moped , you HAVE to have a DL to ride a gas powered bicycle.

If you need me to state the statutes that say that, I cam provide them.
You're in luck if you have a DL and/or have cops that don't know you need one, but trust me if you don't have a DL and you get caught, think about the fines, the fact that they impound your moped and possibly lose your license even longer.
 
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SANGESF

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There is ONE caveat to that scenario... There is ONE (and only one) municipality(town) in the (entire) state of Florida that allows it and that's Daytona.
However if you leave daytona, you SOL
 
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SANGESF

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The legislature is aware of the different statutes and the Attorney General of the state of Florida has stated that they need to look at it, but as it stands, it is what it is.
 
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SANGESF

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I've been riding in Florida for four plus years now and haven't had a problem (or ticket). I still follow all the basic rules that apply for normal driving.... full stops, speed limits, etc....[\quote]

Come to West Palm Beach and see how long it takes to get pulled over.
I would give you about 25 minutes before a cop stops you and you get pulled into the pokey.
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turtle tedd

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Jul 18, 2009
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florida
Florida motorerbikes ....electric--no license..Gas you do need license..Some cities, towns ,municipalities this is not enforced..If you are riding like a halfway sane person they look the other way or wave...Tampa , St. Pete. , Datona. maybe some of you other guys can add to this list..
 
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SANGESF

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turtle tedd said:
Florida motorerbikes ....electric--no license..Gas you do need license..Some cities, towns ,municipalities this is not enforced..If you are riding like a halfway sane person they look the other way or wave...Tampa , St. Pete. , Datona. maybe some of you other guys can add to this list..
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Tampa is WORSE then the rest of the state..
According to their ordinances, even an electric bicycle is considered a Motorcycle..
Motor-driven cycle = every motorcycle including a bicycle with a motor on it which means you need a DL to even ride an electric bicycle (within Tampa)...
St. Pete (beach) is like the rest of the state... Gas is DL, Electric = No DL
 
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CoastalCruiser

CoastalCruiser

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Here's what I've been able to unearth about Florida statutes.

The 2009 Florida Statutes

Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter

316.003 Definitions.--The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:

(2) BICYCLE.--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.

(21) MOTOR VEHICLE.--Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

(22) MOTORCYCLE.--Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped.
(77) 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.

(82) MOTORIZED SCOOTER.--Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground.
 
dvddtz

dvddtz

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Feb 15, 2009
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Gulf Breeze, FL
I have been riding in Pensacola for almost 2 years without a problem(knock on wood).I got hit by a car that ran a stop sign and the accident report says that I was on a bicycle.I guess it depends on the police in your particular area.
 
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soccerrj88

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Sep 30, 2009
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Florida
Well there was some technicallities about motor type and everything about the bike, but that ASA for my county was my sister. She worked both misdemeanor and felony so she looked up the statutes. It says if a bike is electric assisted but not capable of over 20mph it is still just a bike. If it's gas assisted it's a moped or motor assisted bicycle. But the requirements are as long as it's under 2 break hp, can't shift while under way, it's not supposed to have a clutch but it can have some type of clutch, and isn't supposed to be able to exceed 30mph on a flat level surface, and not exceed 50 cc of displacement for the motor. Anything faster, more powerful, or breaks the rules above, make it one of those motor scooters that do have to follow motorcycle or car rules except that of having to get a motorcycle license. It's not required to have a license to drive a moped but it is for a scooter. I had her print the statute up just so when I'm riding and a butthole cop wants to ruin my day cuz he's havin a bad one, I can explain to him that I'm not breakin the rules and i actually have them in my back pocket to refresh his memory. Although I wouldn't push the limits 2 much b/c they can still get you for traffic infractions. It's not really clear on if there allowed on sidewalks/bike lanes/ or in the middle of the street, but i suppose that depends if your pedaling or other things. I've now been riding here in Lakeland FL for almost a year and i've even passed some cops and they haven't minded me. I haven't really seen anyone else with one though. Ive seen one other electric.
 
Hec_The_Wreck

Hec_The_Wreck

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Apr 4, 2010
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Hollywood,FL
I don't have a license and I been riding here in Hollywood,FL and I haven't had any problems with the cops at all,I even had a cop give me a compliment on my bike and have been seen by many,but you never know when one will pull me over.I try to usually use back roads when I ride cause I don't trust the way people drive around here.
 
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SANGESF

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Feb 23, 2009
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Pensacola and Escambia county, nothing special about those. Found only this..

Bicycle.* Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is over twenty (20) inches in diameter (and including any device generally recognized as a bicycle though equipped with two (2) front or two (2) rear wheels).*

So I would say you're lucky as long as you don't get an over zealous cop, or you'll get in trouble.
 
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SANGESF

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Feb 23, 2009
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Hec_The_Wreck said:
I don't have a license and I been riding here in Hollywood,FL and I haven't had any problems with the cops at all,I even had a cop give me a compliment on my bike and have been seen by many,but you never know when one will pull me over.I try to usually use back roads when I ride cause I don't trust the way people drive around here.
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Again, get a cop who knows and you're screwed.
 
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