I live in Daytona Beach and was arrested for driving while license were suspendend on my 48cc gas powered bike. I was on a well noted bike friendly road with signs saying share the road with a picture of a bike on the sign. Is there a REAL law out there that even allowed the County Sheriff to pull me over? If anyone can give me some info on how to beat this it would be HIGHLY and GREATLY appreciated. If it was an illegal then the D.W.L.S. has to be thrown out of court too correct? Please help before my Aug. 4th courtdate.
Need help with Fl. law please!!
- Thread starter sticks_n_stuff27
- Start date
Show up to court dressed nice with a good lawyer and as many well dressed family members and friends as possible and plead not guilty.
Welcome to the forum sticks...
http://motorbicycling.com/f17/license-required-florida-11669.html
http://motorbicycling.com/f17/federal-law-motor-assisted-bicycles-386.html
http://motorbicycling.com/f17/i-have-found-new-supporting-documentation-18738.html
http://motorbicycling.com/f17/laws-pertaining-motorized-bicycles-florida-16926.html
http://motorbicycling.com/f17/tried-register-fl-12313.html
http://motorbicycling.com/f17/florida-department-transportation-12700.html
http://motorbicycling.com/f17/florida-stinks-9678.html
http://motorbicycling.com/f17/rideing-motorized-bike-daytona-florida-661.html
http://motorbicycling.com/f17/license-required-florida-11669.html
http://motorbicycling.com/f17/federal-law-motor-assisted-bicycles-386.html
http://motorbicycling.com/f17/i-have-found-new-supporting-documentation-18738.html
http://motorbicycling.com/f17/laws-pertaining-motorized-bicycles-florida-16926.html
http://motorbicycling.com/f17/tried-register-fl-12313.html
http://motorbicycling.com/f17/florida-department-transportation-12700.html
http://motorbicycling.com/f17/florida-stinks-9678.html
http://motorbicycling.com/f17/rideing-motorized-bike-daytona-florida-661.html
Thanks but that doesn't help much with what the law really is. Either we are able to ride them or we're not. I just need to see the statue.
I am not sure the judge could figure out the Florida bicycle laws right now.
You may be able to just say not gulity and have the case dropped.
You may be able to just say not gulity and have the case dropped.
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Ok.....
1.) where/what town where you in when pulled over? It is VERY important.
2.) why did he pull you over?
I was in Daytona Beach and the reason he gave for pulling me over was that motorized bikes are NOT allowed. I was on a bike friendly road with a bike lane.
What I found was a definition from the Daytona Beach definition of a bicycle from their municipal codes on Municode.com....
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.
Have your lawyer use that.
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.
Have your lawyer use that.
No DL with an electric helper motor is how the state law reads to me.
Gas helper motor needs a dl.
Here is what I think happened.
The movie " who killed the electric car " kinda explains the former Calif electric car laws.
Dealers in Calif had to sell a # of electric powered cars.
Electric bikes were not legal at the time so laws were changed so they would be legal and dealers could sell them to help comply with the law about # of electric car sales.
A new Fed law was passed and many states also followed with new electric bicycle laws.
This is where the electric bicycle laws came from.
The electric car didn't die but went on hold and the electric bicycle and the electric bicycle laws live on.
Gas helper motor needs a dl.
Here is what I think happened.
The movie " who killed the electric car " kinda explains the former Calif electric car laws.
Dealers in Calif had to sell a # of electric powered cars.
Electric bikes were not legal at the time so laws were changed so they would be legal and dealers could sell them to help comply with the law about # of electric car sales.
A new Fed law was passed and many states also followed with new electric bicycle laws.
This is where the electric bicycle laws came from.
The electric car didn't die but went on hold and the electric bicycle and the electric bicycle laws live on.
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Except in Daytona Beach, where the local ordinance, considers a moped a bicycle.
I'm curious to know what happened on the court date too.
Sticks?
Where r u?
Again, if I/we may ask, what was the result of your court date please?
Thank you.
Fulltimer?
Hey. What are you talking about?
Sangesf?
Ship the member MBer his battery and do the right thing to maintain your good rep. Thank you.
Where r u?
Again, if I/we may ask, what was the result of your court date please?
Thank you.
Fulltimer?
Hey. What are you talking about?
Sangesf?
Ship the member MBer his battery and do the right thing to maintain your good rep. Thank you.
OK, here's what I found. I too was pulled over in Largo, Fl. (thankfully I work for the City) and told the Attorney General had weighed in and made his decision that gasoline, motor-assisted bicycles were all the way around were illegal.
Basically, Chapter 316.003(2) defines a bicycle as every vehicle propelled soley by human power OR human power and an electric helper motor capable of no more than 20 mph, blah, blah, blah.
However. Chapter 316.003(77) defines a MOPED as any vehicle with pedals to permit propulsion by human power,.... with a motor rated at less than 2 brake horsepower and not capable of more than 30 mph 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.
In a nutshell, to operate at this level of craziness, we are classified as "mopeds" and must obey all traffic laws applicable to a human powered bicyclist, furthermore, if we intend to operate our bikes after the State recognized time of "Sunset," we must also install front and rear reflective devices, headlight and tail/brake lights.
Also see 316.008, 111, 320, 322, 324, and Advisory Legal Opinion 77-84
Hope this helps.
Basically, Chapter 316.003(2) defines a bicycle as every vehicle propelled soley by human power OR human power and an electric helper motor capable of no more than 20 mph, blah, blah, blah.
However. Chapter 316.003(77) defines a MOPED as any vehicle with pedals to permit propulsion by human power,.... with a motor rated at less than 2 brake horsepower and not capable of more than 30 mph 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.
In a nutshell, to operate at this level of craziness, we are classified as "mopeds" and must obey all traffic laws applicable to a human powered bicyclist, furthermore, if we intend to operate our bikes after the State recognized time of "Sunset," we must also install front and rear reflective devices, headlight and tail/brake lights.
Also see 316.008, 111, 320, 322, 324, and Advisory Legal Opinion 77-84
Hope this helps.
Okay here's the thing. I'm not sure anyone really knows the law on this whole motorized bicycle stuff. My lawyer says that you do NOT need a dl to ride theses bikes as long as you follow bicycle laws and rules. I've gone to the registration and title office and was told that you can't register or get a title. Same with the D.M.V. The judge on the 4th even told me not to worry about it. They are more interested in the D.U.I. they want to give me for being on it. Cops excuse for pulling me over was because my lights were to dim and I appeared to be a motorcycle. After testing the lights for the required feet range I pass with flying colors. (Thanks to LEDs) So my court has now been postponed in order for my laywer to file a motion to suppress due to the illegal stop to begin with. Just know that if you try studying the Florida laws be very careful because they all contradict each other. Maybe we should put ll of this on a ballet and let the people decide the law for it. Any other help anyone may find would be of help. And I will keep everyone updated!!
Amen! Be very careful interpreting this stuff. As sticks-n-stuff said, it kinda contradicts itself, alot. My interpretation was after hours between the Attorney General's site, FDOT, and myFlorida.com. And I'm still not sure I'm 100% right. But from what I gather, I'm close. The law was later amended via an AGO to provide for riding after Sunset as many folks don't ride at dark. Still, if you find anything more please add in. The only reason I'm not under the Largo jail is that I work there.
Here's what I'm going into battle with (to clarify my interpretation). F.S. 322.01(26, 27, 43) & F.S. 316.033(77), found on http://www.leg.state.fl.us/Statutes..._Statute&Search_String=&URL=Ch0316/Sec003.HTM.
49cc,
What was the reason Largo pulled you over in the 1st place? When I 1st built a bike a couple
of years ago, I was scared to death to go thru Largo with it. Since then tho, I've been in front of,
behind, and next to LPD on the street and at lights and such and never a 2nd look from them. I've even been side by side on Memorial causeway, CLW with CPD bike cops who just gave me a nod.
I should say tho that I have full lighting front and rear that burns night or day, turn sigs. front and rear, and brake light. Also, I wear a reflective safety vest and motorcycle helmet. I guess maybe they figure I'm not just out there screwing around.
Still curious tho, why you got stopped.
Keep us posted on your outcome.
WC
Oh, and welcome! Let's ride!
What was the reason Largo pulled you over in the 1st place? When I 1st built a bike a couple
of years ago, I was scared to death to go thru Largo with it. Since then tho, I've been in front of,
behind, and next to LPD on the street and at lights and such and never a 2nd look from them. I've even been side by side on Memorial causeway, CLW with CPD bike cops who just gave me a nod.
I should say tho that I have full lighting front and rear that burns night or day, turn sigs. front and rear, and brake light. Also, I wear a reflective safety vest and motorcycle helmet. I guess maybe they figure I'm not just out there screwing around.
Still curious tho, why you got stopped.
Keep us posted on your outcome.
WC
Oh, and welcome! Let's ride!
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How come you didn't mention that in your first post?
Did you lose your license for D.U.I.?
You will get a lesser form of D.U.I. for riding a bicycle in California and probably in Florida too.
(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.
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and including any device generally recognized as a bicycle though equipped with two front or two rear wheels..
I would think with a small helper motor on the bicycle it would be still be generally recognized as a bicycle.