illegal in fl?

[kevinkrg6]

Why is it so hard to realize that you need to call your thing a Homemade Moped? What frame assembly and safety features? YOU can't tell me and neither can a DMV worker! If you insist it quacks like a duck so it must be one that is YOUR Problem. On the other hand if you call your thing a Moped it gets a tag. The DMV has no idea what a road worthy moped is. Only if it has pedals, brake, tail and headlight and under 50cc if anyone from the DMV even bothers to look. It is all about what you call it. Some of you just insist to call the damm things Motorized Bicycles. Doing that gets you nowhere in Florida even if it makes you feel good. They are Mopeds LOL

I'm not in florida, but I've had a heck of a time in ohio with the DMV. I guess none of them know what they are doing. I don't think we give a crap whether it is a moped, homemade moped, motorized bicycle, motor assisted bicycle, or flying donkey transportation system.

We just want to ride, and be allowed to ride. I think if we have to get plates, FINE, but we need to be able to get them! I got 15 seconds with the DMV and they said "Blah, we don't know what you're doing blah, here is a Motorcycle pamphlet and a Driving Instructions pamphlet. Go away."

One guy here said he had to go all the way down to columbus because they don't know the procedure at his local DMV, and he finally got plates. He showed the receipts, bill of sale for the engine kit, and had a picture of it. They registered it as HMDE (homemade moped).

But, The laws for some states (LIKE STUPID OHIO), say that a Moped can't go over 20MPH, and Must be Under 1HP!

One horsepower!? These laws are from like 1975. All of the "approved mopeds" on the list are from the 70s-80s.

If I have to go buy a $25 license plate, fine. Insurance though, if they require that, then I would start to get angry.

 

[wilrod]

you guys get it easy here in the state of Victoria Austraila if it is over 200 watts power output just over 1/4 hp it has to be registed as a motorcycle and that works out at about $745-35 aud per year ! plus you need a motor cycle licence as well. If you get caught without rego and or m/c lic you have to front up to court where you will cop a fine and loose all youre licences (car,truck ,m/cycle,boat,ect) for 3 months First affence dont even think about getting caught a third time its 12 months holiday in barbed wire resort .

 

[James912]

Thats why i am glad we live in the U S of A. As messed up as it is, we still have some freedoms.

 

[Fulltimer]

The definition of bicycle under s. 316.003(2), F.S., includes motorized bicycles. Bicycles are not registered or titled.

Notice the bold part above. Here is what everyone needs: http://archive.flsenate.gov/data/Publications/2004/Senate/reports/interim_reports/pdf/2004-160tr.pdf

If a police officer/judge doesn't agree with this appeal it with an attorney.

The difference between a motorized bicycle and a moped is very clear.

Terry

EDIT: the above link was provided to me by the Florida DMV today.

 

[James912]

That pdf is off the internet. I've read that already and its outdated. That pdf is dated november of 2003. The statutes between then and 2010 overrule that. These motorized bicycles are mopeds and therefore u need a license but don't need to be registered or titled. I know it sounds stupid cuz u have to have a license to ride something that doesn't need to be registered or titled and its called a "vehicle", not a "motor vehicle"...

 

[Fulltimer]

Your right. You do need a drivers license. But, it is not a moped. A motorized bicycle is just that up to 20mph. A moped is just that up to 30mph.

Terry

 

[motorbiker]

Money for lawyers.

Driving While License Suspended or Revoked - Pinellas County Florida Criminal Lawyer Blog

http://caselaw.findlaw.com/fl-district-court-of-appeal/1272599.html

 

[James912]

Well the cops in washington county think its a moped. One we'll. Ill get things settled in court. As much as id rather not have to but they are forcing me to so ill take the fight to them and be as nice as possible.

 

[joabthebugman]

Why is it so hard to realize that you need to call your thing a Homemade Moped? What frame assembly and safety features? YOU can't tell me and neither can a DMV worker! If you insist it quacks like a duck so it must be one that is YOUR Problem. On the other hand if you call your thing a Moped it gets a tag. The DMV has no idea what a road worthy moped is. Only if it has pedals, brake, tail and headlight and under 50cc if anyone from the DMV even bothers to look. It is all about what you call it. Some of you just insist to call the damm things Motorized Bicycles. Doing that gets you nowhere in Florida even if it makes you feel good. They are Mopeds LOL

don't know. Why is it so hard for you to see that you are agreeing with me with this attempt to call me out

What we have fits the legal definiton of Moped to a T, except that most of us use larger than allowed engines and claim our bikes will go faster than 30

 

[James912]

Last nite, i got to thinkin'. For those of us who cant have a dl whether it be a disability, or for criminal offense, u can just ride on the grass next to the bike lane. What can they say then? Your not on a road or highway, therefore its legal.

 

[Fulltimer]

Last nite, i got to thinkin'. For those of us who cant have a dl whether it be a disability, or for criminal offense, u can just ride on the grass next to the bike lane. What can they say then? Your not on a road or highway, therefore its legal.

What about when there isn't a grass strip only a sidewalk etc? I would hate to see you get nailed again!

Terry

 

[James912]

Theres a grass strip on all the main road around where i live. If i come upon that don't and i need to go there, i'll either pedal, or use the engine and pedal while lookin' out for the po po, and when i see one, i'll hit the kill switch and continue pedaling. Gotta love that kill switch, it'll save your life.

 

[decoherence]

Money for lawyers.
~~~~edit
No.?2D04-4882. - INMAN v. STATE - FL District Court of Appeal

he didn't have pedals. can't claim to be a bicycle if there are no pedals.

 

[decoherence]

we can either complain about the laws or we can try to change them &/or find out how to conform.

some ideas are as follows.
1. get all the moto/bike stores in florida on the same side communicating about options.
2. establish or repair relations with bicycle shops & spandexers.
we have common ground.
3. try to speak to local police/sheriffs to see if they want to enforce this.
4. figure out what is the "legal" way to make a DOT compliant moped.
5. doesn't datona have special moto/bike laws? can we find out who helped make that happen & see what other areas can do. preferably @ the county level instead of just city.
6. we can try to call our state representatives.

i see us having to give up our 66cc jugs.
we would more than likly also have to have constant on headlight/tail light, working brake light & turning indicators. front & back brakes & a speedometer.
also not gearing unless it happens to be automatic. like a nuvinci or cvt.

i have a licence but i feel for those that don't.
my uncle is legally blind (& mentaly handicaped).
he has to ride a bike everywhere. we live in a sprawling rural town. there is no bus system & he gets harassed by the police if he is riding on the sidewalk.
also i think people that have DUI's should be able to ride mopeds.( i rarely even drink).
i rather have a moped hit me than a car & they would be more likely hurt themselves first.

so who thinks we should do something or am i just ambitiously dreaming?

 

[Fulltimer]

Hmmm, no drivers license AND no pedals = no chance at all.

Terry

 

[decoherence]

ok from
http://www3.flhsmv.gov/dmv/Proc/RS/RS-61.pdf
PDF

i found,
II B. Dirt bikes noted for off road use, motorized bicycles, and Go-Peds are not registered.
C. If a manufacturer's certificate of origin states the vehicle is a "motor scooter," the
definition of "motorcycle" or "moped," as shown in sections 320.01(27) and (28),
Florida Statutes, must be used as a guide to determine if the vehicle would be
titled/registered or just registered.
D. Any entity selling mopeds or selling motorcycles with a motor displacement of 50 CC's
or less are NOT required to obtain a dealer's license.

then
III.B. Mopeds as defined in 320.01(28), Florida Statutes, are NOT titled, per s. 319.20, Florida
Statutes; however, they are registered pursuant to s. 320.0803(1), Florida Statutes. A
bill of sale, vehicle registration certificate, Manufacturer's Certificate of Origin, or an
affidavit from the applicant certifying that he or she is the legal and rightful owner of the
vehicle is required

here is 320.01(28) even though it has been covered.
"(28) “Moped” means 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."

so as previously said, refer to it as a moped not a motobike. since they are unable to be registered.
possibly our dealers could give something referring to it as a moped kit since they don't need a special dealer's licence for under 50cc.
i have some more ideas but i want to see responses.

 

[Fulltimer]

Title of thread: Illegal in FL

Why is it that a thread that really only pertains to Florida has someone from another state trying to stir things up? Just thought it is interesting is all.

Terry

 

[Fulltimer]

I made my point.

Terry

 

[DuctTapedGoat]

Florida cracked down on anything they can't make money off of.

Moped - has to be titled. Not a Happy Time Chinese Bicycle Conversion, a genuine Garelli, Harley, Peugeot etc without a doubt moped.

Why is this even an issue?

Why don't you guys get off the computer, go down to the state house and go through the proper channels to get things changed?

 

[Fulltimer]

See what I mean?

Terry