Florida Drivers License N O T Required to Drive a Gas Motorized Bicycle.

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TxBikeRider

New Member
Aug 7, 2010
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Texas
Re: Florida Drivers License N O T Required to Drive a Gas MB.

What statutes? You keep saying that but you never list them.
 

TxBikeRider

New Member
Aug 7, 2010
65
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Texas
Re: Florida Drivers License N O T Required to Drive a Gas MB.

You can legally ride anywhere you want (in statutes)

Hey, thats cool.....I can say anything and follow it with (In Statutes) and it sounds like I know what I am talking about.....unless someone asks me to name the Statute....as I have done repeatedly to you.
 

rustycase

Gutter Rider
May 26, 2011
2,746
5
0
Left coast
Re: Florida Drivers License N O T Required to Drive a Gas MB.

Aw shucks!

I had tons of law briefs said a citizen had a right to travel upon personal and private business.

Don't make no difference.
'They' will squash you like a bug if you affect their ability to collect revenue.
That is personal experience.

Go about your affairs as you NEED to and if some person should take exception to that, perhaps they would be willing to discuss it before a court of law.
There, you will have an opportunity for them to present their case for damages against you and you shall be allowed to respond.

More than that, you cannot ask.

Best
rc
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
Re: Florida Drivers License N O T Required to Drive a Gas MB.

Maybe a combination of ONE thread with BOTH registration and driver's licensing information, would be better?

Let's start with a little bit of reference material before we can get to the on topic part of this thread.

The legislation is...
Definition of a moped is a bicycle with a gas motor on it. (In Statutes)
Registration of moped (gas powered bike by definition) is required. (In Statutes)
The DMV will not register a gas powered bike because of DOT safety requirements needed to make it usable on public roads. (Procedural document TL-10 as of April 2011)

If the state says registration is required and the DMV won't register it, it won't be allowed on public roads. (As per letter from DMV).*
P.S. One can't say the DMV is correct when they say no registration is allowed, and then say their wrong when they say you can't use it on public roads..
You have to accept everything they say, not just the parts someone would like to be true.

Reference letter below..



What is a “moped”?

s. 316.003 – Definitions
(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 system is engaged. *If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.
That is the description a bicycle with a gas motor on it, plain and simple.*


A moped is a vehicle...

(75) Vehicle – Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway.
Just for reference...

Mopeds must be registered and display a license tag.

s. 320.0803 – Moped License Plates

(1) *Any other provision of law to the contrary notwithstanding, registration and payment of license taxes in accordance with these requirements and for the purposes stated herein shall in no way be construed as placing any requirements upon mopeds other than the requirements of registration and payment of license fees.

Mopeds are not required to be titled, as are motor vehicles.


s. 319.20 Application of Law (Pertaining to Title Certificates)
…. The provisions of this chapter do not apply to any moped ….
Mopeds must meet certain safety standards.

s. 316.46 – Equipment Regulations for Mopeds

No person shall operate a moped that does not conform to all applicable federal motor vehicle safety standards relating to lights and safety and other equipment …
Hence the reason why the DMV will not legally register your bicycle with a gas motor (Moped by statute description - safety equipment includes (but is not limited to) DOT approved tires. I have not seen any DOT approved bicycle tires)


Although a moped is not a motor vehicle in traffic law, for the purpose of Chapter 322 – Driver’s Licenses - a moped is a motor vehicle, and a driver’s license is required.
s. 322.01 Definitions – As used in this chapter:

(27) “Motor vehicle” means any self-propelled vehicle *…. excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003
You will notice, they said motorized bicycle as DEFINED in 316.003 (electric motor only)


s. 322.03 – Drivers Must be Licensed; Penalties

(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle …. *unless such person has a valid driver’s license *….
Notice the last two quotes were about Drivers Licensing.. (Chapter 322)

P.S. ALL of this is from 2011 Florida Statutes under title XXIII.*
This information has been provided before, but here it is all in one spot.
 
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motorbiker

New Member
Mar 22, 2008
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Tampa Bay Florida
Re: Florida Drivers License N O T Required to Drive a Gas MB.

We moved to a different state when I was about 13.

Was riding my mini bike around the hood and got pulled over.

The cop explained to me that it had no tag or lights and such and I could not drive it on the road.

It was not until I read this and the other forum that I again at age 50+ got confused.

A person needs a tag and license almost every place in the USA to drive a gas powered whatever down the road unless it is a farm tractor ?

Hello ? ? ?
 

Fulltimer

New Member
Aug 13, 2010
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Saint Augustine, FL
Re: Florida Drivers License N O T Required to Drive a Gas MB.

Would someone PLEASE lock this thread! We have a member that if something is black he would want proof about how black it is. This topic has been beat to death and other threads on it have been locked. Let it die a natural death!

Terry
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
Re: Florida Drivers License N O T Required to Drive a Gas MB.

Would someone PLEASE lock this thread! We have a member that if something is black he would want proof about how black it is. This topic has been beat to death and other threads on it have been locked. Let it die a natural death!

Terry
Why lock the thread when ALL of the info is finally in one place.
How about instead of locking this thread (just like all the others), how about a changing this thread so that it encompasses everything discussed and title it...
Florida Registration And Licensing.

There is no reason to have separate threads..

I'm sorry if my posts of the actual statutes, DMV information and letters "upset" some, but none of that is conjecture..
It is all spelled out with specifics and backed up with actual documents of current information.

That does not mean, the laws can not change. They have and they do and once the information changes, I will, for one, post to update the info in case they do.
 

happyvalley

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Jul 24, 2008
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upper Pioneer Valley
Re: Florida Drivers License N O T Required to Drive a Gas MB.

I'm sorry if my posts of the actual statutes, DMV information and letters "upset" some, but none of that is conjecture.
Why be sorry if you are confident the information you are providing is true?
If you are not completely confident of that then state where conjecture begins.

I can't see hiding our heads in the sand on MB legal issues. If we cannot discuss that openly here, then where can we?
 
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SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
Re: Florida Drivers License N O T Required to Drive a Gas MB.

Why be sorry if you are confident the information you are providing is true?
If you are not completely confident of that then state where conjecture begins.

I can't hiding our heads in the sand on MB legal issues. If we cannot discuss that openly here, then where can we?
The problem stems from people not wanting to discuss...
They want certain things to be true, even if they are not, and will argue against it using conjecture/anecdotes and not facts.

I was told many different theories, stories, conjecture, etc...
I went in search of the truth so that I personally could have documentation to carry with me, in case it was true that I could build and ride a gas powered bike without registration or a license.
Any time I was told I could do it and was told who to ask, I did ask and was provided with documentation that was contrary to what I was told.

So after all is said and done, I posted all the relevant facts... There is no conjecture.

If anyone wants to prove the opposite of what I've shown, get (signed, official) documentation on letterhead (AND post it) from anyone, either in the DMV, a high ranking law enforcement employee or anyone in the legislature that states the opposite.
I would accept that documentation and would build and ride a gas powered bike and carry said documentation with me, in case I got pulled over.
 
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TxBikeRider

New Member
Aug 7, 2010
65
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Texas
Re: Florida Drivers License N O T Required to Drive a Gas MB.

So after all is said and done, I posted all the relevant facts... There is no conjecture.
Maybe a combination of ONE thread with BOTH registration and driver's licensing information, would be better?

Let's start with a little bit of reference material before we can get to the on topic part of this thread.

The legislation is...
Definition of a moped is a bicycle with a gas motor on it. (In Statutes)
Registration of moped (gas powered bike by definition) is required. (In Statutes)
The DMV will not register a gas powered bike because of DOT safety requirements needed to make it usable on public roads. (Procedural document TL-10 as of April 2011)

If the state says registration is required and the DMV won't register it, it won't be allowed on public roads. (As per letter from DMV).*
P.S. One can't say the DMV is correct when they say no registration is allowed, and then say their wrong when they say you can't use it on public roads..
You have to accept everything they say, not just the parts someone would like to be true.

Reference letter below..



What is a “moped”?



That is the description a bicycle with a gas motor on it, plain and simple.*


A moped is a vehicle...



Just for reference...

Mopeds must be registered and display a license tag.




Mopeds are not required to be titled, as are motor vehicles.




Mopeds must meet certain safety standards.


Hence the reason why the DMV will not legally register your bicycle with a gas motor (Moped by statute description - safety equipment includes (but is not limited to) DOT approved tires. I have not seen any DOT approved bicycle tires)


Although a moped is not a motor vehicle in traffic law, for the purpose of Chapter 322 – Driver’s Licenses - a moped is a motor vehicle, and a driver’s license is required.

You will notice, they said motorized bicycle as DEFINED in 316.003 (electric motor only)




Notice the last two quotes were about Drivers Licensing.. (Chapter 322)

P.S. ALL of this is from 2011 Florida Statutes under title XXIII.*
This information has been provided before, but here it is all in one spot.
Now, Just one more question....why didnt you post that first instead of jumping up and down and telling your story about a letter from a secretary? Why not just say "Guys, the law changed....here are the changes, instead of the multiple lines of "I'm smarter than you"? You remind me of this guy>>> rumple.jpg
All said though......Gonna still ride it when I get to Hernando....if I get a ticket, i will give you a case study with a jury trial.

I did notice that by the definitions you listed....the once great grey area is gone.....(Meaning these>>>>.trlrl.
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
Re: Florida Drivers License N O T Required to Drive a Gas MB.

The information I provided had been shown a million times..
The ONLY reason I didn't put it ALL together in one post earlier, is because I have an iPhone and it would have taken HOURS to put it in one area.. (it tools me 2 hour to put together)

If anyone did a search (especially under my ID) you would have found all the statutes I was talking about, but since most don't, I had to actually do some work for the "lazies". :)
 
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TxBikeRider

New Member
Aug 7, 2010
65
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Texas
Re: Florida Drivers License N O T Required to Drive a Gas MB.

The information I provided had been shown a million times..
The ONLY reason I didn't put it ALL together in one post earlier, is because I have an iPhone and it would have taken HOURS to put it in one area.. (it tools me 2 hour to put together)
Then you wait and post it when available.

Look, I know it might seem kinda mean for me to start asking for the specific laws and to keep asking.....but you know that they had changed recently. You talked in vague terms and never specifically stated what the law was. Yet in the past.....you posted this:
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
Sorry if you cant handle :)-||) being treated like you treat others. I am done.....no reason to respond.
 

RonB

New Member
Jan 30, 2011
82
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0
Largo florida
Re: Florida Drivers License N O T Required to Drive a Gas MB.

Florida Drivers License N O T Required to Drive a Gas Motorized Bicycle.

THE CAVEAT IS 20 MPH MAX!

I wish I did this sooner.

Some posters said:
- im going to go get the court docs...(3 weeks ago)
- im going to talk to my police commander and then get the FL. Atty. General in the conversation...(2 days ago)

I got tired of the BS banter, so I decided to CUT TO THE CHASE.

For all you non believers out there, here you go:
(from email correspondence)

RE: Confirming Drivers License is NOT Required for Driving Gas Motorized Bicycles
Thursday, May 26, 2011 11:19 AM
From: "Fox, Shaleiah" <[email protected]>
To: (omitted)

Good morning,

If the motorized bicycle does not operated faster than 20 miles per hour, you do not have to have a regular driver license.

Best Regards,

Shaleiah Fox, MSW, MPA
Operations and Management Consultant II
P) 850/617.2547
F) 850/617.5172


From: (omitted)
Sent: May 26, 2011 8:42 AM
To: HSMV-Info
Subject: Confirming Drivers License is NOT Required for Driving Gas Motorized Bicycles

Hi,

I am doing some research and I am writing to confirm that a drivers license is NOT required for driving a gas motorized bicycle.

As of @ 04/20/2011 the law/ procedure changed, page 28

http://www3.flhsmv.gov/DMV/Proc/TL/TL-10.PDF

Being that a gas motorized bicycle is now classified as a bicycle and NOT a moped, I want to confirm that a DRIVERS LICENSE IS NOT REQUIRED.

Thank you.
Respectfully,
(omitted)"

You like apples?

How do you like them apples!!!

Well if you don't know, well now you know.

dance1
Here we go again" YOUR ARGUMENT WILL not HOLD UP IN A COURT OF LAW! I have been there with a lawyer so until you have faced the judge and or jury yourself or can provide a court case decision YOU NEED A LICENSE to operate a gas bike! why is this so difficult for you to understand?????
 

worksmanFL

New Member
May 25, 2010
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0
Palm Coast, FL
Here we go again" YOUR ARGUMENT WILL not HOLD UP IN A COURT OF LAW! I have been there with a lawyer so until you have faced the judge and or jury yourself or can provide a court case decision YOU NEED A LICENSE to operate a gas bike! why is this so difficult for you to understand?????
I think you dont get it, I am simply sharing the last bit of info in this regard dated July 2013....

Please see post #33 (below) & the attached link --->

Hi ALL,

Heres a bump w/ some info. for my own thread!!!

http://flbikelaw.org/2013/07/bikes-with-gas-assist-motors-something-new/

Sooo... registration NOT required! ???

Yes?

a. My opinion is that DL IS Required TO RIDE on public roads, thats why --->
b. *** I have my "homemade gas motorized moped" registered FYI ***
(I registered this a few years ago before the law was updated) ---> I did this to do the "right thing" in the eyes of local law enforcement.
c. My post #33 was to meant show the continued "gray area" of the law - diffferences between DHSMC and State Law/ Statutes.
d. (a dl is not required to ride this on private property)

RonB,
Kindly read link through, if you have not done so already, and look forward to your comments.
Respectfully,
WorksmanFL
 

worksmanFL

New Member
May 25, 2010
579
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0
Palm Coast, FL
Hi Website Moderator,

As the FL Law and/ or procedure has changed over time, this thread currently has out of date info.

Is it a good idea to delete the thread?

Thank you.

Respectfully,
 

Albula vulpes

New Member
Mar 16, 2010
419
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0
FL
When I first got pulled over by a Florida police, he asked me if I had a drivers license. I said, No. He said pedal it. When I got pulled over the second time by a Florida police officer in a different county, he asked me if I had a drivers license. I said, No. He said pedal it. I now have a drivers license but my bikes are not registered. I have never been pulled over with a drivers license on a MAB in Florida. Knock on wood.
 

worksmanFL

New Member
May 25, 2010
579
0
0
Palm Coast, FL
Hi Website Moderator,

As the FL Law and/ or procedure has changed over time, this thread currently has out of date info.

Is it a good idea to delete the thread?

Thank you.

Respectfully,