FL

GoldenMotor.com

James912

Member
Apr 12, 2011
584
2
16
33
Florida
Maybe, im a little off. But some sites that sell electric kits say 48 volts can get 28+. How accurate that is, i have no clue. They may say that just so the consumer thinks, wow, thats fast and buy it. Anyhow, about your first p.s, i'm definitely gonna use that. I don't know why the cop rode down that, but argued about it being moped? Since he wrote, bicycle, i would think, the ticket would be thrown out. Cuz everyone know u don't need a dl for a bicycle. But a gas powered bicycle, he may hit me with that. The law here in florida is screwed up. There's no good logical reason why we shouldn't be able to ride in the bike lane atleast. Most of my friends live either way out in southport, which is like 20+ miles, or way across town. If i do get a electric hub kit, it'll be front direct drive and i'll still keep my gas kit mounted. So once i get off the main road, i can switch to gas without stopping and so i'll still have juice left to get home, it'll be tight to get home on one battery. Those things are expensive. Not to mention dead weight once they run out of juice. I just hate the fact that we can ride our little contraptions in the bike lane without a dl. What do they expect us who cant drive or cant afford a car, are supposed to do? Pedal across town. Its so dangerous these days. Public transportation is a joke!. The trolley breaks down, or they get hit from behind cuz someone is txting, or something else will happen. Sry for venting. FL bike, moped laws needs to be changed.
 

SANGESF

New Member
Feb 23, 2009
641
0
0
Lake Worth
The DAY they allow gas bikes without a DL on public roads, I'll be the first one to have a hybrid (gas/electric) bike out there..

The only caveat to the whole thing is that given current statutes, (20mph top speed), in order to get a gas bike to have the same legality as electric, you would need to limit the speed in some form..

Also, to be honest, for about $750 shipped, you can get a front hub/controller/battery combo (36v) put on just about any bike you like and get 20mph with a 40mile range, and for $125 more get a 60mile range.
So figure for about $1000 bucks (bicycle included) you can have a COMPLETELY LEGAL EBIKE that will give you a 60mile range and last 5 years easily. In the end that's about the same price as a gas bike over a 5 year period.
 

decoherence

New Member
Aug 23, 2010
476
2
0
sebring,fl
P.S. I think your best defense is the "gasoline bicycle" instead of moped written on the citation.
THIS.

i have had many friends get out of a ticket for some technicality on the ticket.

like putting on the wrong colour of car, writing caucasian when the person was clearly a dark latin, or putting wrong model of car.

so the two things i can think of is that he documented bike not moped. (the wrong vehicle or @ least not what he is trying to ticket you for."
also if he left the colour off or got it wrong.

defiantly don't go with, "i don't feel the law is fair because..." defence.

saying that to a judge is the same as, "i don't respect the law & being you represent the law i don't respect your profession.".
 

Catfisher

Member
Apr 10, 2010
134
1
18
Heart of Illinois
I think you need an attorney. They have the knowledge to break a ticket. How serious a ticket is this? Do you qualify for a public defender?

I've been in court alone and with an attorney, the attorney was better.

I hope it goes your way.
 
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James912

Member
Apr 12, 2011
584
2
16
33
Florida
It all depends on what the judge thinks of this ticket. He may just throw it out immediately. He may not. I'm definitely going to be like an angel. Nice, respectful etc. Yessir, nosir, no your honor, yes your honor, etc. etc. etc. I have no clue how serious it is. The cop threatened to jail me if he saw me again with the motor on, then left on his motorcycle. I'm charged with driving without a valid dL. The cop argued it was a moped but he wrote on the ticket/citation, for the style of the vehicle:bicycle, color: black, make: punk, under comments: on a gasoline bicycle. When he asked me what kind of bike it was, i said, it was a professional mountain bike but he didn't write that down. Have no clue why he wrote punk for the make, i guess cuz to him it looked like a punk bike. I hate how cops can be rather rude and cut people off when they are just defending themselves. i think i have a 60-80% chance of either the charge gets dropped and i go free, or i win the case. Thanks for all the advice yall. Keep it coming. Since my engine is 66cc's, it qualifies as a motorcycle. But, since the cop wrote bicycle on the citation, i may be in the clear.
 
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biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
In Bay county, which is where i live, i've rode by cops plenty of times and they didn't care. They just stared and watched in amazement as i rode past.

This is what confuses me. The definition of a moped according to the FL statutes 316.003 is:
(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.


Our motorized bicycles uses a clutch...so i would think that fact alone would make these mb's remain bicycles?

A bicycle is defined by FL Statutes 316.003(2) as 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.

So for it to remain a bicycle it has to have a "electric helper motor".
But the TL-10 says:

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.


Why do u need a DL to ride these contraptions if they can't be registered or titled?

These laws contradict each other. The way i see it, this is insanity. You can have a electric helper motor that cannot propel the bike more than 20mph on level ground without needing to have a DL. But cannot put a gas(internal combustion engine of any size) on your bike and ride it without a DL?

I know if i go to court to fight the ticket, they catch me when we get to the part about my engine size. My engine is 66cc. The limit in FL is 49cc. But what about driving a "moped" without a DL? Are they right or are we?
They can beat us(so to say) in 3 different ways.
This is stressing me out just trying to figure this out....
All comments and comments are appreciated.
They have no way to know the size of your motor.
 

James912

Member
Apr 12, 2011
584
2
16
33
Florida
More than likely the judge will ask, and will take my word for it. Since the company who i bought it from was forced to close his buisness(Daemonbikes up in canada cuz he was selling no epa approved engines), i could probably say 50cc and get away with it. But these "mopeds" aren't allowed on the bike lane according to the cop.
 
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motorbiker

New Member
Mar 22, 2008
569
0
0
Tampa Bay Florida
More than likely the judge will ask, and will take my word for it. Since the company who i bought it from was forced to close his buisness(Daemonbikes up in canada cuz he was selling no epa approved engines), i could probably say 50cc and get away with it. But these "mopeds" aren't allowed on the bike lane according to the cop.
Legally blind, no DL over 50cc non EPA approved motor :)

God bless ya ! :) usflg
 

Arnett Motor Bikes

New Member
Apr 23, 2011
62
0
0
Fort Walton Beach, Fl
things to remember when in the court room.
322.03 Drivers must be licensed; penalties.—
(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license issued under this chapter
316.003 Definitions.—The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:
(21) MOTOR VEHICLE.—Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.
(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.
320.01 Definitions, general.—As used in the Florida Statutes, except as otherwise provided, the term:
(1) “Motor vehicle” means:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds.
(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.
REMEBER THESE THINGS and one more thing that I have that I can email you, if you ask. I have a letter from the state attorney's office of Florida which states you do not need to have a driver's license to operate a 49cc MOPED. Hope this helps out.
 

biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
This is what confuses me. The definition of a moped according to the FL statutes 316.003 is:
(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.
I think you can beat this easy. Just claim to the court that this statute doesn't apply to your motor bicycle because you have to peddle it from a stop.

What 316.003 B is describing is a self propelled vehicle. Something that can drive off under it's own power. Yours cannot.
 

joabthebugman

New Member
Jun 21, 2010
347
0
0
ocoee fla
I would say your best defense is to plead ignorance and throw yourself on the mercy of the court with a promise to be a good boy from now on

You can offer any convoluted argument you want but all it will do is piss off the judge

What we build are mopeds by every legal definition.
Read the clutch part again, our China Girls do not use the clutch after the drive is engaged and there is no shifting gears

They are perfectly capable of taking off from a stop without pedaling, I do it all the time

It does not matter what the cop called the vehicle on the ticket he could have said motor driven two wheeled contraption with pedals and the ticket still stands
 

Arnett Motor Bikes

New Member
Apr 23, 2011
62
0
0
Fort Walton Beach, Fl
I think you can beat this easy. Just claim to the court that this statute doesn't apply to your motor bicycle because you have to peddle it from a stop.

What 316.003 B is describing is a self propelled vehicle. Something that can drive off under it's own power. Yours cannot.
What are you talking about self propelled?? Did you not finish reading where it clearly states but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped. The Florida Laws are not confusing on this issue. You just need to know all of the laws that pertain to the issue. No where does it say in the law books that you need to have a driver's license to operate a MOPED. Before anyone challenges me on this read the laws on the books. 316.03 320.01 322.03
 

biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
What are you talking about self propelled?? Did you not finish reading where it clearly states but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped. The Florida Laws are not confusing on this issue. You just need to know all of the laws that pertain to the issue. No where does it say in the law books that you need to have a driver's license to operate a MOPED. Before anyone challenges me on this read the laws on the books. 316.03 320.01 322.03
Well, if moped riders aren't required to have a DL, and that's the only citation that makes it even easier to beat. Just claim in court there's no law requiring a moped rider to have a DL. Game over.
 

SANGESF

New Member
Feb 23, 2009
641
0
0
Lake Worth
I don't care what statutes you bring up that say no DL required for a moped...

Go look at my posts and see the statutes that say you need a drivers license..

The ones you showed have NOTHING to do with drivers licensing, and are only in the registration statutes.

It's simple...

If a cop writes you a ticket for unregistered moped on your gas powered bike, 90% of the time the ticket will stick.
there are a few instances where they can't get you..
(1.) they need to have it on tape that you were using the motor when stopped.
2.) they need to actually show up in court. (the cop)
3.) if you ask for a jury trial and the judge just wants to get rid of the case.))

Etc, etc.
 

motorbiker

New Member
Mar 22, 2008
569
0
0
Tampa Bay Florida
What are you talking about self propelled?? Did you not finish reading where it clearly states but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped. The Florida Laws are not confusing on this issue. You just need to know all of the laws that pertain to the issue. No where does it say in the law books that you need to have a driver's license to operate a MOPED. Before anyone challenges me on this read the laws on the books. 316.03 320.01 322.03
http://www.fpts.us/documents/Florida_Driver_Handbook.pdf

quote: ■Operators of mopeds must have the minimum of a Class E license. No motorcycle endorsement is required.
 

SANGESF

New Member
Feb 23, 2009
641
0
0
Lake Worth
Arnet...
You are obviously jaded because you want to sell your product..

When you can show us documentation on letterhead from a floridian govt source stating SPECIFICALLY that you can (with or without a DL) ride a gas powered bike on public roads..

I have already produced a document on Signed Official DMV letterhead SPECIFICALLY stating, they are NOT allowed on public roads..
When you can show something to the contrary, then we will revisit this issue.