Is a License required in Florida

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SANGESF

New Member
Feb 23, 2009
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Lake Worth
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.
What's an ASA?

Also, Looked in Lakeland and Polk County and found nothing stating a Moped didn't need a license, so I would suggest you get one, (again, So you don't get into trouble)
 

SANGESF

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Feb 23, 2009
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Lake Worth
What are the driver licensing requirements for mopeds, scooters and other two or three wheel motor vehicles?

If 50 cc or less, these vehicles are not motorcycles by driver license law definition, S. 322.01(25), F.S., so a motorcycle endorsement is not required per S. 322.03(4), F.S.; however, to operate them on streets and roadways, you must be at least 16 years old and hold at least a regular operator (Class E) or “Motorcycle Only” driver license. (Reason: Even though these vehicles are 50 cc or less, they still fall under the driver license law definition of “Motor Vehicle” and a driver license is required to operate a “motor vehicle.”) SS.322.03(1), 322.01(26) and 322.05(1), F.S.
Unless you live in Daytona, Florida (Which classifies a Moped as a bicycle) you need a DL to ride one on the roads, pretty much anywhere in Florida.....
Here is the Daytona Code that supports it(for Daytona SPECIFICALLY)....
Sec. 94-1. - Definitions.
The definitions in this section will be used in addition to those enumerated in section 1-2. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bicycle means any device propelled by human power or any moped propelled by pedal-activated helper motor not to exceed 1½ bhp (break horse-power) upon which any person may ride, having two tandem wheels, either of which is 20 inches or more in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels
 
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jeffery.arnett

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May 15, 2010
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fort walton beach, fl
hello everyone, i have been working at this for a long time now. i now have a document from the tag and title office specifically stating that regardless of what gas engine kit is mounted to the bicycle; that it is still considered a bicycle. i am now in the process of presenting this to my local Senators office for review to get the definition of a bicycle in florida statue 316.003 to include the gas powered engine kit. here is the website to the information. simply go to the very bottom of the last page and it is there for everyone to read in black and white of what the DMV in Florida thinks about the motorized bicycles. knowledge is power, spread the power and help get this changed. http://www3.flhsmv.gov/DMV/Proc/TL/TL-10.PDF as you will see this is a recent judgement made on March 16, 2010. have a good day
 

SANGESF

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Feb 23, 2009
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Lake Worth
ASA is Assistant States Attorney. Prosecuters for the county...
Well let's see, if you have a family member who is one of the highest ranking member of the legal system, you can pretty much get away with just about anything non-criminal... LOL

Of course, you won't have a problem...


FYI, Of COURSE, I want a Gas Powered (low speed) BICYCLE to be thought of as a Bicycle. However, the current law does not distinguish, between a Gas Powered bicycle and a Moped.
(Given the current description in the Florida Statutes.)

Now, given the Quote below by the PDF mentioned..

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.

You will notice the Scenario part mentions GAS, the "Q." part asks about REGISTRATION....

HOWEVER the ANSWER gives you the Floridian Statute 316.003(2) and THAT is about ELECTRIC bikes and the ANSWER ALSO states that you can NOT register it, which has NOTHING to do with Licensing of a gas powered bicycle (moped)

Now here comes the "tricky" part....
If you can't REGISTER it for use on the Road, TECHNICALLY SPEAKING, you are NOT allowed to RIDE it on the road as a MOTOR Vehicle. Now a GAS bike IS (by Definition) a MOPED and TECHNICALLY a MOTOR Vehicle, when it comes to LICENSING, So technically it's not approved for road use.
 

quinn elock

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May 25, 2010
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largo fl
Just joined my name is Quinn and have a 48cc beach bike can i ride this or should i keep bail money at home and a attorny on call to place bail
 

dvddtz

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Feb 15, 2009
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Gulf Breeze, FL
I guess it depends on where you live.I have been riding mine for 2 years without a problem.I have only heard of one person from FL. thats had a problem.Read through the whole thread and decide for yourself.I say ride like a "normal" person, follow the rules of the road you should be fine.
 

SANGESF

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Feb 23, 2009
641
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Lake Worth
Just joined my name is Quinn and have a 48cc beach bike can i ride this or should i keep bail money at home and a attorny on call to place bail
Where do you live?
How are the officers in your town?
Do you have a license?
You probably could get away with it..
However, if you get snagged and have no license, and you have an officer who is knowledgable about the laws or just plain mean, not only will you get a ticket for driving an unregistered vehicle but also a driving while suspended charge.

Give us a little more detail.

That's like saying, I own a gun, will I get in trouble?
As with anything else, depends on your situation and what's legal where you live.
 

Cabinfever1977

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Mar 23, 2009
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Upstate,NY
Florida = 50cc/2hp/30mph/any license/no helmet/peddals required/*register at county tax collector office and get plates*
* You cannot register a bicycle with added motor**go buy a cheap moped that has vin # and title or something*

Minnesota - 50cc/2HP/30mph/any license/register/plates/headlight on when running/stop+taillights/goggles/horn/mirror/im not sure if you can register a bicycle with motor.
 
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SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
Florida = 50cc/2hp/30mph/any license/.......*,im not sure if they register bicycles with motors tho.
No they won't. They need a VIN to register it as a Moped and no bicycles have VINs.\

It's the same reason you can't get a LoJack for you bicycle or Insure it with any Insurance company either (other than home owner's insurance for theft while AT home).... No VIN. = NOT registerable with DMV.
 

worksmanFL

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May 25, 2010
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Palm Coast, FL
Been doin' some research as well...INSONMIA!!! :)

Seek and Ye Shall Find...

The answer is in your fortune cookie.

I do want to guide you (not take you) to where the water is, but I can't make you drink it. :)

Review MB Forum(s) on same topic, same state, and you should find out the answer.

Take the red pill or the blue pill....Neo

Sorry for beating around the bush - I too am searching.
For those who have SUCCESSFUL FIRST HAND EXPERIENCE at your local tax collectors office with paperwork, (registration and tag), P L E A S E share it with us, (again for further clarification) - what exactly did you do to make your gas motorized bike legal be driven on public roads?

now sangesf, it may not be the answer that you want to hear, (as from what I previously read you do not have a drivers license?) buuut I do believe you can get a tag and registration for a gas motorized bicycle - which by definition is now considered a moped.

I look forward to some positive posts.

Happy and Safe motorized bicycle riding!
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
Not a problem.

The answer is this...

About a year and a half ago, I think it was TWO people that were able to get their bikes registered.

However, since that happened, the paperwork went to Talahasee, the people there, noted that they were bicycles, and did not have the correct saftey equipment that a normal moped would have.
So, they put out a note to all DMVs that bicycles with gas motors, can NOT be registered without a VIN.

You MIGHT be lucky to be able to do it, but that's a small chance. In the excerpt from that PDF, concerning Bicycles with Gas Motors, it states right there, that they are not allowed to give registrations to bicycles with gas engines on them, for the reasons mentioned there.
Also, I've found, that most, if not all, counties, do not have the software anymore that allows them to even register bicycles for theft.
Although some MUNICIPALITIES themselves may have it. (i.e. Tampa) for bicycle registration. (You might be able to get a small license plate from those towns, and THEN add the gas motor to the bicycle, however that doesn't make it legal, in terms of DMV registration.)

And as for MY situation, I have my electric bicycle, that does 20mph (it's govenered by a CYCLE ANALYST) for 80miles on a single charge, which takes me 3 hours from low voltage cutoff to full charge.
So i'm good :)

IF i wanted to "push it", I could only go 16mph and make a full trip of 117miles (And yes, i have tested this, by riding down to Miami and back to West Palm Beach :)
 
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worksmanFL

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May 25, 2010
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Palm Coast, FL
sangesf?

no tag for "reasons mentioned" - where is that?
can you post this?
what is the correct equipment that a normal moped would have?
im glad you are ok though...
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
sangesf?

no tag for "reasons mentioned" - where is that?
can you post this?
what is the correct equipment that a normal moped would have?
im glad you are ok though...
This was posted earlier in this thread...
http://www3.flhsmv.gov/DMV/Proc/TL/TL-10.PDF

the exerpt is this...
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
.

Since by Definition a Gas bicycle is a Moped and you can't register it as such, you aren't really allowed to ride an unregistered vehicle in the State of Florida.
If you do, you will get cited for riding an unregistered vehicle.
it's a catch 22...
You can't register it as a Moped, but by definition it is one.
Then you have the conflict between The DL issues and State Codes... One says a Moped is a motor Vehicle, the other says it's not.

Read through this entire thread to get all the details...
 
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worksmanFL

New Member
May 25, 2010
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Palm Coast, FL
sangesf,

sigh... i replied back on a similar thread, and based on what was posted, i unfortunately would have to agree with you. :(

so the earlier MB'ers kawsaki999 and coconut got lucky, but they lost the tag?

for real, i thought a did a lot of research, and everything was positive.
a. i can post some of my email responses from the powers that be a sheriffs office, and a tag office, but that is a moot point.

b. in addition to phone conversation info with fl dept of hwy and safety, DMV regional? saying its NOT ILLEGAL to ride, but cant tag. another sheriffs office saying you can tag, dmv saying you can tag but would need all the safety stuff on the gas powered bicycle, again maybe a moot point.

is there a way to combine all florida tag threads? or maybe florida main thread, and rest sub threads?

The only glimmer of hope is to:
a. get a local Ch of Police emailed opinion with all requirements.
b. get dmv opinion emailed or....
c. RIDE, Baby, RIDE!!!
--->They see me rollin They hatin' Patrolling they tryin to
catch me ridin dirty
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
99% sure that if you have a small gas engine on a bicycle and have a DL, you will not have a problem..

88% sure that if you have a small gas engine on a bicycle and Don't have a DL, you will not have a problem..

100% sure that I keep my bicycle electric and not need a DL or ever worry about, tags, reg, or anything else.