FL Gas Motorized Bicycle Registration NOT Required as of 04/20/2011

Re: FL Gas MB Registration NOT Required as of 04/20/2011

It looks like the boys at the capital have been working! Something new to them I'm sure.

Terry

Re: FL Gas MB Registration NOT Required as of 04/20/2011

It sux to have to put this but just to clear things up, go here http://www.flhsmv.gov/courts/latestinfo/ScootersSegwaysMopedsandElectricBicycles.pdf it clearly says "ELECTRIC". They even felt it necessary to BOLD it.

!@#$%^&*!!!!!!!!

Wait now im confused, which is it?????

Re: FL Gas MB Registration NOT Required as of 04/20/2011

bimotocycle said:

It sux to have to put this but just to clear things up, go here http://www.flhsmv.gov/courts/latestinfo/ScootersSegwaysMopedsandElectricBicycles.pdf it clearly says "ELECTRIC". They even felt it necessary to BOLD it.

!@#$%^&*!!!!!!!!

Wait now im confused, which is it?????

Click to expand...

What is so confusing.... next paragraph concerning Moped and a motorized bicycle fits in there....

(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. (No helmet is required for
mopeds if operator is 16 years of age or older 316.211(3)(a))

The definition of bicycle under s. 316.003(2), F.S., includes
motorized bicycles.

(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.
According to Florida law, motorized scooters, go-peds, and pocket bikes are considered motor vehicles. However,
because motorized scooters, go-peds, and pocket bikes are not manufactured to meet the required federal Motor
Vehicle Safety Act, they cannot be registered for operation on public roadways, even if the operator has a valid
driver’s license. Mopeds can be registered for operation on public roadways, but an operator must have a valid
driver’s license to operate one. Operators of motorized bicycles do not need a valid driver’s license and are not
required to register them in order to operate them on public roadways.

Re: FL Gas MB Registration NOT Required as of 04/20/2011

Just remember this all has NOTHING to do with the need of a drivers license.
This is about REGISTRATION of gas powered bicycle AS a moped, which currently you apparently can't.

There should be no confusion..
"Motorized bicycle" = electric power not more than 20mph.
"Moped" = gas powered bicycle not more than 30mph.
(Both of those are DEFINITIONS in the state statutes and have nothing to do with registration.)

Re: FL Gas MB Registration NOT Required as of 04/20/2011

In reference to DL...
"Registration Law" and "Driver's License Law" are mutually exclusive.*
DMV says no registration...
FL Statutes describe a "moped"
DMV states that if you ride a "moped" you need at least a Class E driver's license
So, at this exact moment in time...
If you're riding a gas powered bicycle OR an electric bike capable of speeds greater than 20mph, and a cop pulls you over..
You can NOT be ticketed for "unregistered motor vehicle".
(Since DMV says you can't register it)*
You CAN be ticketed for driving a "motor vehicle" without a valid license.*
(Better known as DWLS - Driving While License Suspended or no driver's license).

DMV states you can't register a bicycle with a gas motor on it as a moped, that doesn't mean that the definition of a moped (in the Florida statutes) changes.*

Let's say for an instant, you don't need a license..
What happens tomorrow or next week or next month, when that PDF changes (again).*
Are you or anyone else going to check the DMV PDFs every day?*
(Which reminds me, what website do I go to, to look for these "procedural documents?")

P.S. Let me ask you this..
Let's say I have an electric bicycle with a top speed capable of 25mph..
Well Florida statute says that an ebike is a bicycle only if it's only capable of 20mph tops.*
So what am I riding then?
Am I riding a bicycle or a moped?
Well, I'm not riding a bicycle, because the statutes say, I'm only allowed 20mph top speed to remain as just a bicycle...
So, if I'm not a bicycle, am I a moped? How do we figure that out? Well, you have to look at the Florida statutes and see I'm classified as a moped. (Can I register it as one? - Who knows?)
So you're telling me, a gas powered bicycle with top speeds between 20-30 mph, doesn't require a license to ride, but my electric one does?

Re: FL Gas MB Registration NOT Required as of 04/20/2011

Here's another question...
Florida statutes say, in order to ride an electric bike, you have to be 16.
Well, no such law is written for a "gas powered" bicycle... So does that mean, an 8 year old can ride a gas powered bicycle, doing 40mph in the road (bike lane), while a 15 year old can't ride an electric bike doing 10mph in that same road?
That makes no sense.

Re: FL Gas MB Registration NOT Required as of 04/20/2011

And playing "Devil Advcate". "Young man", You don't need no license or registration. Aaaa.....nd you can't legaly ride that motorized bike on any roadway. Now you are going for a free ride to the slammer !

The agent should also direct the
customer to law enforcement if there are any questions as to
where the motorized bicycle can be used.

Re: FL Gas MB Registration NOT Required as of 04/20/2011

katoomer said:

And playing "Devil Advcate". "Young man", You don't need no license or registration. Aaaa.....nd you can't legaly ride that motorized bike on any roadway. Now you are going for a free ride to the slammer !

The agent should also direct the
customer to law enforcement if there are any questions as to
where the motorized bicycle can be used.

Click to expand...

Exactly my point in that last question..
Given that scenario, it should be obvious....
Of course an 8 year old shouldn't be allowed to ride a 30mph capable gas powered bicycle.
According to those that think that just because you can't register a gas powered bike, that you don't need a license, then I could possibly add a 250cc motorcycle engine, now since I can't register it, I don't need a license now and my 8 year old could take it out on the road and do 110mph.. Well guess what.. Not gonna happen.. Think about it...
So there's only two possibilities, either...
1.) You need a license.
Or
2.) Since you can't register it for use on the road, it's not allowed on the road at all.
(You can't register a normal bicycle either, but we all know you are allowed to use a normal bicycle on the road)

Unless you can come up with another possibility, it looks like #1 is it.

You have to think logically.

Re: FL Gas MB Registration NOT Required as of 04/20/2011

Totally confused as to what you're asking...

I will say this about non registering...
If you can't register it with a 49cc engine, you can't register it with a 250cc engine, so does that mean, no license required for that either? (rhetorical question)
(That was my point about an 8 y/o riding a bicycle with a 250cc engine attached to it.)

The point being, even though that procedural document from the DMV state's you can't register it, you still need to follow the statutory requirements set forth regarding drivers license law.

Re: FL Gas MB Registration NOT Required as of 04/20/2011

IMO, Until I saw an official document on letterhead from the AG's office stating specifics on gas powered bikes, I would air on the side of caution and only ride one IF I had a driver's license.
As I stated in a previous post, at the moment, the DMV PROCEDURAL document says, you can't "legally" register a gas powered bike. Well, I can't register my electric bike either... So I would say currently, in terms of being able to use on the road, I would say yes. There is no law on the books stating you can't ride a gas powered bicycle on public roads, just like a regular or electric bike. So it would seem to me, logically, that is the case.

There IS a couple of laws on the books (License section's definitions) of a gas powered bike ("moped").
One in "Motor Vehicle Licenses" that state's a "Motor Vehicle" EXCLUDES mopeds.
One in "Driver Licenses" that does NOT EXCLUDE mopeds.

The Florida DMV page however, states that you need a Class E driver's license to operate a moped and that a tag is required (registration).

So either one of two things is true...
1.) Since you can't legally register a gas powered bike AS a moped, then it is not one and no driver's license in required.
2.) Even though you can't register a gas powered bike as a moped, when it comes to Driver License law (NOT Motor Vehicle law) it's considered a "motor vehicle" and to "drive" a "motor vehicle" you need a driver's license. (in this case, a Class E or higher).


These are the two possibilities and as I stated earlier, I personally wouldn't ride one without a driver's license, UNTIL I had a notorized letter from the AG's office on letterhead stating specifically that I didn't need a driver's license to ride a gas powered bicycle OR specific verbiage in a Florda statute declaring a gas powered bicycle did not require a driver's license.


FWIW, as another poster wrote in either this thread or another thread...
Those WITH a driver's license AND an already registered (homemade) "moped" won't care.
Those WITH a driver's license AND a gas powered bicycle (currently) won't care either (unless the procedural document changes AGAIN)
Those WITHOUT a driver's license will always say, you don't need one.
Everyone else will be stuck in limbo (Just like me).


P.S. For my own personal reasons, I elected to go the electric bicycle (capable of no more then 20mph) route and ultimately have no issues except for law enforcement interactions where the cops don't know the electric bicycle laws until I show them the various statutes and state PDFs that define my (electric) bicycle as just a regular bicycle and no license needed.

Re: FL Gas MB Registration NOT Required as of 04/20/2011

So what I gather from this thread is as of 4/?/11 I can ride my 48cc gas powered bicycle on the surface roads (non expressways) of FL. with no reg. or tag , Right ? But I need my valid FL. DL. , Right ? Thank you for your answers

Re: FL Gas MB Registration NOT Required as of 04/20/2011

Well, at this point it depends on the cop, judge and DA.
Someone fought the fact that he didn't have a DL and the bike isn't registered and the DA (was ultimately) not able to prosecute. (I believe, because that one person wanted a jury trial, the DA was kinda forced in his decision, because he probably wouldnt have won the case, If it went to trial OR it would have been a waste of taxpayers money to try someone because of a bicycle.)
This is coming from a couple of people.
I personally won't take the chance, because I don't have a drivers license.
But hey, that's just me.

Re: FL Gas MB Registration NOT Required as of 04/20/2011

Who said I didn't have a DL ? I have a FL. DL. What then , Can I ride ?

Re: FL Gas MB Registration NOT Required as of 04/20/2011

4950cycle said:

Who said I didn't have a DL ? I have a FL. DL. What then , Can I ride ?

Click to expand...

If you have a bicycle with a 49cc engine or smaller, you can (Currently) ride one without it being registered.

IF the DMV procedural document changes again, I will post here..
(I'm on a change notification list for that document)

Re: FL Gas MB Registration NOT Required as of 04/20/2011

All being said after post # 4 or any arguement on the subject is mute. If in fact post #4 is actually derived from current FL. law IMHO. Because it "CLEARLY" states anyone that is not under the age of 16 according the the FL. statutes that surrond this rule of law can ride a motorized bicycle on the "public roadways" (is the clincher) without a FL. DL or being registered. And I can't see any legalese contradicting these findings. Even the electric bike arguement !

Re: FL Gas MB Registration NOT Required as of 04/20/2011

A few weeks ago, I came wizzing into a winn dixie parkinglot at full throttle to get out of the way of 4 cars that were behind me and as i pulled to the right so i was out of the way of the cars, i spied a po po just to the left in front of me facing my direction, about 30ft sitting in his car at the end of the building waiting for speeders to come flying down the road i just left. I stopped cuz(I've looked up the law about motorized bicycles and it said u can ride a motorized bicycle without having to have a license or registering it)but cops tend to not know the most recent updates so i was kinda scared, I didn't want him to come over and say if it was illegal to ride one. But he didn't even bother me. He sat there for another 10 minutes and then left and then I left. I had my helmet on too. I was doing probably 16 when I came flying around the open corner into the parking lot. He had his window down to i think. I was amazed. So that helps to confirm that u CAN RIDE A MOTORIZED BICYCLE ON THE ROAD AND DONT NEED A DRIVERS LICENSE AND DONT NEED TO REGISTER IT!!!!!! There are a few other people in my town that ride motorized bicycles too. So i'm comfortable riding my bike on the road. I'm never reckless and I use hand signals, i wear a helmet, and a reflector vest. Getting some lights this week so no one should have trouble with the popo about riding. Wearing a helmet and reflector vest and having lights helps u cuz the popo are less likely to pull u over cuz your being safe and your visible and your following the laws of the road. Go ride sunshine state mb riders!!!!!!!!!!!