Pulled Over in Grant Florida

GoldenMotor.com

decoherence

New Member
Aug 23, 2010
476
2
0
sebring,fl
Re: Going to court next week" 4/26/12

yup" I was stopped by Pinellas park,Fl police and cited for operating a motor vehicle with no DL and having a motor vehicle on the sidewalk! I was temporarily on the side walk coasting because there was no room in the street and no bike lane to ride in" so I intend to plead not guilty because as I understand it these are NOT classified as Motor vehicles and are NOT required to be registered by the state of Florida. I will let you all know what happens" Otherwise if you do not here back from me It will likely be that I`am in Jail since I have been unemployed for over 2 yrs I cannot pay these fines anyway . Funny I have been riding this every day for the last 5 yrs and had no problems until i got to Pinellas park.

"Sidewalk riding
(Section 316.2065(10) and (11), F.S.)
A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.

Comment: Sidewalks are not designed for bicycle speeds, but a bicycle propelled by human power may be used except where prohibited by local ordinance (e.g. in the central business districts of many cities). No bicycle may be propelled by other than human power on a sidewalk. Although a cyclist riding on a sidewalk has the rights and duties of a pedestrian, he is still a "bicycle rider" and his bicycle is still a "bicycle". Consequently, laws that pertain to required equipment and to carriage of passengers (see above) are still applicable."

Driving on a shared-use path or sidewalk
(Section 316.1995, F.S.)

arrow No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway.



our motobike thing is grey area. if you follow these threads in florida you will see that every county has it's own take on it.
i spoke with my local tax office & they contacted the sherrifs dept.
they said as long as it was "cough cough" 50cc or smaller.

i'm in a rural area & it makes sence. we have no form of public transportation.

i also work in the next county on an indian reservation.
all sorts of 2 & 4 strokes fly down the side of the road @ full speed almost as much as cars do.
more if it wasn't for the casino.
they are considered as "rez rides"
 

RB44

New Member
Apr 19, 2012
15
0
0
Pinellas park Floorida
Re: Going to court next week" 4/26/12

"Sidewalk riding
(Section 316.2065(10) and (11), F.S.)
A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.

Comment: Sidewalks are not designed for bicycle speeds, but a bicycle propelled by human power may be used except where prohibited by local ordinance (e.g. in the central business districts of many cities). No bicycle may be propelled by other than human power on a sidewalk. Although a cyclist riding on a sidewalk has the rights and duties of a pedestrian, he is still a "bicycle rider" and his bicycle is still a "bicycle". Consequently, laws that pertain to required equipment and to carriage of passengers (see above) are still applicable."

Driving on a shared-use path or sidewalk
(Section 316.1995, F.S.)

arrow No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway.



our motobike thing is grey area. if you follow these threads in florida you will see that every county has it's own take on it.
i spoke with my local tax office & they contacted the sherrifs dept.
they said as long as it was "cough cough" 50cc or smaller.

i'm in a rural area & it makes sence. we have no form of public transportation.

i also work in the next county on an indian reservation.
all sorts of 2 & 4 strokes fly down the side of the road @ full speed almost as much as cars do.
more if it wasn't for the casino.
they are considered as "rez rides"
I was cited for operating a motor vehicle on the sidewalk" It should have been thrown out of court as Motorized bicycles are NOT considered a motor vehicle by the Florida statute` as the paragraph in jessies Dmv doc states they remain Bicycles. Funny though that one cop from the same precinct ordered me to get it of the street and on to the sidewalk?
 

Sidewinder Jerry

Well-Known Member
Dec 19, 2011
2,080
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Rockwood, TN
As the laws stand in Florida right now you can build electric or build as a moped. Florida law 316.003(77).

(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.

Glad to hear out of state registration helped. We may all have to do that eventually if planning on riding in other states.
 

RB44

New Member
Apr 19, 2012
15
0
0
Pinellas park Floorida
Pinellas Park Police.

Ah memories.....

BTW- was the bike running? Or were you peddling with the engine off?
I had just crossed a large intersection under power when I got to the other side i saw heavy traffic coming from behind and decided to go on the side walk because there is no bike lane, I had enough momentum to coast with engine of to turn in the driveway 300 ft ahead anyway, the ford pickup shadowing me ended up being the unmarked PPP. would like to mention bike lanes are not to safe as a woman was run over while in one a couple of weeks ago in st petersburg buy a street racer . just goes to show the ones they give licenses to think they have cart Blanch on the street!
 

Bikeguy Joe

Godfather of Motorized Bicycles
Jan 8, 2008
11,837
252
63
up north now
Well, I wish you the best of luck in court. Be calm and courteous, say "your Honor" when you speak to the judge and explain why you were on the sidewalk.
 

SpecialX

New Member
May 1, 2012
137
0
0
Florida
Was the motor on (idling) or shut off while you were on the sidewalk... (Did you pedal at all, while on the sidewalk)
Be truthful... If the engine was on (even for a second) while you were on the sidewalk (and you werent pedaling), there is no way the cop could tell whether you were coasting or riding under power..
From what the other poster showed, is illegal in Florida..
From what the statute says, it says you can't ride a bike other than on human power on a sidewalk, it says nothing about a motor vehicle (IN the statute), although that's what the ticket was "for" (maybe that's the name of the "infraction" for disregarding the statute.)
 

SpecialX

New Member
May 1, 2012
137
0
0
Florida
this has gone past traffic court! it is in appeal to a pretrial hearing before the jury as stated before.
From your lack of response to my question, I'm guessing you had the motor running for at least a tiny bit while on the sidewalk..
 

Bikeguy Joe

Godfather of Motorized Bicycles
Jan 8, 2008
11,837
252
63
up north now
If you were "under power" going through the intersection, and the cop in the pickup saw that, he most likely assumed you still had it running when you hit the sidewalk.
Good luck.
 

Joel G.

New Member
May 2, 2012
16
0
0
Guam
Things I think anyone should consider when "discovering" laws regarding motor/engine bicycling:

1. Always be safe (If not, you will be sure to attract attention, even from mom!)
2. Be Flashy as a warning device not to impress others while making youtube video.
3. Cops will always be right, just like mom. Just agree with them, if you are getting tickets, correct the problem.
4. My personal favorite, be different. Stop going that way, take the sneaky way!
5. Have fun and try to offer others info. on how to get started, even if they don't like the idea of you going through their yard! haha
 
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SpecialX

New Member
May 1, 2012
137
0
0
Florida
If you were "under power" going through the intersection, and the cop in the pickup saw that, he most likely assumed you still had it running when you hit the sidewalk.
Good luck.

That was my point exactly....
Also, the OP stated that he had enough momentum to "coast" 300 feet into the next driveway.... (That's the length of a football field)
Must have been going relatively fast to be able to coast that far..
And since the OP said "coast", he obviously didn't pedal at all and that's what made the officer think he was still under power..

It's gonna be hard to beat a ticket based on the perception of a cop, given the OPs statement.. (Look at it this way... Who's the judge gonna believe.. A cop in his jurisdiction or someone trying to beat a ticket...)

IF the OP had cut power after crossing the intersection and had started pedaling, it probably would have ended differently..
 

RB44

New Member
Apr 19, 2012
15
0
0
Pinellas park Floorida
What is your point guy`s? Are you trying to say I deserved to be ticketed? cause it sure sounds like it ? By the way I did not take out a tape to measure the exact distance and to my knowledge a foot ball field is 360 ft. And I had only traveled about 80ft on the side walk before i was stopped! that does NOT mean I would not need to pedal to make it the rest of the way does it?????
 

SpecialX

New Member
May 1, 2012
137
0
0
Florida
IF the OP had cut power after crossing the intersection and had started pedaling, it probably would have ended differently..
That's what I'm saying. Nothing more, nothing less.

We're not saying, you deserve to be ticketed, we're just stating what the perception of the officer probably was.
 

RB44

New Member
Apr 19, 2012
15
0
0
Pinellas park Floorida
That's what I'm saying. Nothing more, nothing less.

We're not saying, you deserve to be ticketed, we're just stating what the perception of the officer probably was.
I assure you and all who read this I was NOT doing anything that was to endanger anyone! though I do not have a speedo I can safely say I was not going any faster than a segway or electric bike could go and I know they can reach speeds of 12-15 mph, I would rather ride in the street and do so when traffic permits or a bike lane is present, it is a much smoother ride than the side walk! FACT is I have gone down about a half dozen times over the last 5yrs and it was because of the sidewalk(ruts,raised edges and broken sections). Funny though that about a year ago i was in what could be considered a bike lane though NOT marked as such another Pinellas park officer stopped me and told me to get on the sidewalk" My response was there are people one the sidewalk! cop repeated the order and said slow it down! I mentioned this to this last cop and he shook his head as he walked away! So the ticket was for having a motor vehicle on the sidewalk a 166.00 fine" so who here believes a motorized bicycle is a motor vehicle?????? In the State of Florida It is NOT! It is a motorized bicycle! anyone know what the fine is for that on the sidewalk ????
 

SpecialX

New Member
May 1, 2012
137
0
0
Florida
No one said you were endangering anyone..

I found this for you though

What was the statute written on the ticket..
I believe this is the ticket?

The violation would be:
s. 316.1995 – Driving upon Sidewalk or Bicycle Path

(1) No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk ….

(3) This section does not apply to motorized wheelchairs.

A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

The statutory penalty would probably be:
FS 318.18* Amount of penalties

(3)(a)**Except as otherwise provided in this section, $60 for all moving violations not requiring a mandatory appearance.

There would be additional court costs that could be $100 or more.* You should check with your local law enforcement agency for more information.
So it looks like a $60 ticket, not a $166 one..

Did the officer have a front cam? He would have to PROVE that you were under power (I.e. Motor running) while you were on the sidewalk...
Without that, it's a he said/she said kinda thing..
If you cut the engine before going on the sidewalk, the officer has no case against you, at least in my opinion.
 
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RB44

New Member
Apr 19, 2012
15
0
0
Pinellas park Floorida
No one said you were endangering anyone..

I found this for you though

What was the statute written on the ticket..
I believe this is the ticket?



So it looks like a $60 ticket, not a $166 one..

Did the officer have a front cam? He would have to PROVE that you were under power (I.e. Motor running) while you were on the sidewalk...
Without that, it's a he said/she said kinda thing..
If you cut the engine before going on the sidewalk, the officer has no case against you, at least in my opinion.
My lawyer has the ticket and I cannot remember what the citation # is But I do remember it was for 166.00 and was for a motor vehicle on the sidewalk! this statute you have here does it also include segways?????