Question about FL laws

[livesteamfan]

Yesterday I was going down an old back road probably doing about 10-15MPH, and an officer pulled me over, he said that engine size doesn't matter and it classifies as a motorized scooter and can only be used on private property or off road. Being he lives right up the road from me, I brought him Pg. 28 from the new TL-10 form and he agreed with it, but then referred me to what he goes by the was given out by the Attorney General. Here's the link for it, it's a little on the old side being from 2003, but he said this is what they all go by. http://www.myfloridalegal.com/ago.nsf/Opinions/72FF3C2F02DCFF6B85256DAC005CCF33 Now, what I'm wondering is would I classify as a motorized scooter or bicycle? The engine is currently a (poorly running) 3.5hp Tecumseh that will be rebuilt to meet the 2hp 50cc law because I can make this engine like that way cheaper than buying one already there, single speed belt drive, top speed between 25-30, and the pedals are still operable. Thanks.

 

[DBB]

Sounds like it would be a moped. Here's Florida statute 316.003(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.

If you have a seat, it can't be a motorized scooter. If you have a gas engine, it can't be a bicycle.

 

[livesteamfan]

So if I have something that is similar in specs to a china kit, does that mean they would classify as mopeds too?

 

[biknut]

It seems like most locations in Florida have a real hard on for motor bicycles. If you do a search here you'll find a lot of people have had court fights with mixed results.

You can win in court in some circumstances, but you really have to know what you're doing. Don't expect a lawyer to be of any help, because they really have no idea what to do.

About the only gas powered motor bicycle that you can ride would be a china girl style bike, and in order to win in court you have to show that it's not a motor vehicle because of the fact that it's not self propelled, by reason of the fact you must pedal it away from stops. Even then the outcome is iffy, because it depends on your ability to properly explain this to the jury.

 

[DBB]

in order to win in court you have to show that it's not a motor vehicle because of the fact that it's not self propelled, by reason of the fact you must pedal it away from stops.

Has that reasoning ever worked in court?

 

[livesteamfan]

It seems like most locations in Florida have a real hard on for motor bicycles. If you do a search here you'll find a lot of people have had court fights with mixed results.

You can win in court in some circumstances, but you really have to know what you're doing. Don't expect a lawyer to be of any help, because they really have no idea what to do.

About the only gas powered motor bicycle that you can ride would be a china girl style bike, and in order to win in court you have to show that it's not a motor vehicle because of the fact that it's not self propelled, by reason of the fact you must pedal it away from stops. Even then the outcome is iffy, because it depends on your ability to properly explain this to the jury.

Thank you very much for the reply. Really this one guy up the road is the only trouble that I've ever had. I guess maybe if I just try to avoid him I'll be okay. But once I can afford it, I'm gonna get one of the china kits from pistonbikes.com so he can't give me any trouble.

 

[DBB]

So if I have something that is similar in specs to a china kit, does that mean they would classify as mopeds too?

It would be classified as either a moped or motorcycle, depending on its top speed, displacement, and whether it has gears without an automatic transmission. Either way, it must me registered, and needs certain safety equipment to be registered, and the driver must be licensed.

 

[livesteamfan]

It would be classified as either a moped or motorcycle, depending on its top speed, displacement, and whether it has gears without an automatic transmission. Either way, it must me registered, and needs certain safety equipment to be registered, and the driver must be licensed.

It will read as a 49cc even though it's a 79cc, will have one speed with a centrifical clutch and will top out at just under 30mph. At least it will top at just under it when no one's around.

 

[nightcruiser]

I think the cops need to grow up, stop harassing decent citizens and focus on real CRIME.... Wouldn't that be nice... Drunk with power is about how I would describe the state of policing in the USA, specially in Floriduh......

 

[livesteamfan]

I think the cops need to grow up, stop harassing decent citizens and focus on real CRIME.... Wouldn't that be nice... Drunk with power is about how I would describe the state of policing in the USA, specially in Floriduh......

It would be nice. Most cops are out to get anyone for anything. I've been pulled over several times in my truck at night for the taillight above the cab being burnt out when it's not even new enough to have one. One guy even gave me a ticket for not having the light and said to add one; which I fought that and won because the guy was such an idiot for doing that. For the bike, I at first had made the thing to save on gas because my truck doesn't get the best mileage. Now that it's off the road because I can't afford insurance for it, other than when my fiance is home with her car, I'm kinda stuck here. Hopefully one of these days they won't care about us. I tried contacting the state attorney general, but received an email with links to what I already know and a statement saying they can't give out legal advice.

 

[nightcruiser]

Perhaps the only way to get free from police harassment in the USA is to attend the police academy and become a cop! I know a few, they are the WORST drivers and break laws constantly (in their private time). They have absolutely no fear of harassment cause it never happens to them....

 

[livesteamfan]

Perhaps the only way to get free from police harassment in the USA is to attend the police academy and become a cop! I know a few, they are the WORST drivers and break laws constantly (in their private time). They have absolutely no fear of harassment cause it never happens to them....

I would, but that's not really something that I want to get into. My fiance currently works at the jail and her father, although no longer on the road, is a cop and is currently working on the farm at the same jail. Neither are bad drivers, even though she thinks she is and always has me drive when we go somewhere.

 

[nightcruiser]

I had a cop working part time with me on a job I had years ago, when we rode the freeway into the city he just flew way past the speed limit with absolutely no concern. That really pissed me off because he could get things faster than the rest of us that had to abide by the speed limits, and of coarse the boss started expecting us to keep up with his pace. At the Christmas party he would play bartender and actually had the balls to try and over serve me saying "a man your size and weight can drink bla bla bla", if I had consumed what he wanted to serve and drove (and been pulled over) I would be without a DL today. This same guy once was driving through the parking lot of a "family fun center" so fast it was freaking me out, and would you know it, almost ran over a kid. Didn't seem to faze him.

Bottom line, HE could get away with all that stuff cause he had a badge in his wallet that came out any time he was pulled over....

 

[livesteamfan]

Bottom line, HE could get away with all that stuff cause he had a badge in his wallet that came out any time he was pulled over....

I know what you mean there. I have a family member that lives in Massachusetts and goes way over the limit, runs lights and all sorts of stuff. Every time she gets pulled over she makes up some excuse and shows her badge and they let her go without warning or anything.

 

[livesteamfan]

I will say that I do drive over the limit sometimes. I normally stick to it and set the cruise so I stay there, but sometimes I just don't. If I ever get on the highway and I'm by myself, cruise gets set around 95 because I get 20mpg at 95 but only about 10 at 70 for some reason; in town at 40-50 gets me 30mpg.

 

[DBB]

It will read as a 49cc even though it's a 79cc, will have one speed with a centrifical clutch and will top out at just under 30mph.

Before you build it, I suggest you visit the County Tax Collector and ask how to register a homemade moped. Try to get all the forms and requirements in writing, and don't tell them anything about the bike except that you haven't built it yet. I'd be interested to know what you find out.

 

[livesteamfan]

Before you build it, I suggest you visit the County Tax Collector and ask how to register a homemade moped. Try to get all the forms and requirements in writing, and don't tell them anything about the bike except that you haven't built it yet. I'd be interested to know what you find out.

Sounds like a good idea. I'll see what I can find out when I go in to get my truck re-registered in a few days.

 

[worksmanFL]

Sounds like a good idea. I'll see what I can find out when I go in to get my truck re-registered in a few days.

RE: How to go about POSSIBLY registering a gas motorized bicycle- (homemade) Moped

http://motorbicycling.com/showthread.php?t=46055

I hope this helps.

 

[Sidewinder Jerry]

From a legal view states define what vehicles are allowed to be operated on its public roadways. All other vehicles are considered for off road use only.

 

[IndependentRider]

I've tried to register mine; they tell me no at the dmv because its a bicycle, but cops tell me no it can be.
Still riding don't know what to do.