Got pulled over ......now what?

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Yankphan

New Member
Feb 12, 2013
35
0
0
Florida
Man so I finished my beautiful stretch cruiser.... Take her for a ride..... With my luck I got pulled over. Got a warning but they did put me into their system... Now if I get pulled over again I'm sure I will get ticketed. They said its illegal for me to use it on the street and illegal to use on the sidewalks. Now what ?
This sucks .... Anyway to make this a homemade moped in the state of Florida to get tags for it ??
 

KCvale

Well-Known Member
Feb 28, 2010
3,966
57
48
Phoenix,AZ
They said its illegal for me to use it on the street and illegal to use on the sidewalks. Now what ?
Well, it is foolish to ride any bicycle on a sidewalk and illegal in most states anyway so concentrate on what FL law says about motor assisted bikes on the roadway.
 

UVsaturated

New Member
May 15, 2008
140
4
0
Dayton, Ohio
Too bad someone doesn't have the time to make up printable documents the has each state's official law on motorized bicycles for users here to print and carry with them.
 

biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
Man so I finished my beautiful stretch cruiser.... Take her for a ride..... With my luck I got pulled over. Got a warning but they did put me into their system... Now if I get pulled over again I'm sure I will get ticketed. They said its illegal for me to use it on the street and illegal to use on the sidewalks. Now what ?
This sucks .... Anyway to make this a homemade moped in the state of Florida to get tags for it ??
You're going to have to get a ticket, and challenge it in court.

Your defense is your bike is not a motor vehicle, because it's not self
propelled since you have to pedal it from stops to get going.

Check this out to make sure, but I believe in Florida, all motor vehicles are considered self propelled, same as in Texas. That means if it's not self propelled, it's not a motor vehicle, so you don't need a license, or registration.

The exception would be if there's special statutes for gas powered motor bicycles, but in Florida I don't think there are.

Don't waste your money on a lawyer, you know more about it now than a lawyer does.
 
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UVsaturated

New Member
May 15, 2008
140
4
0
Dayton, Ohio
Seems like our Friends in FL are screwed. I guess you would either have to register it or pull a plow behind it and call it a farm implement.

Another option is that it states the law does not apply to bikes with their seat no higher than 24" from the ground. You could build a very low low chopper and get away with it.
 

BoDean_LP

New Member
Apr 25, 2012
84
0
0
Jeffersonville, Indiana
Everything here is about ebikes. There's no mention of gas powered motor bicycles.

It does however state that in Florida all motor vehicles are self propelled.
Actually, there are several places where it mentions that any bicycle with a gasoline powered engine is not in any way legal to ride on public roadways. Quite stupid, if you ask me. What's the difference between gas and electric if the speed stays the same. Slap a 20mph speed limit on gas bikes and allow them to ride. I'm just glad that where I live (Southern Indiana), cops don't usually mess with people on motorized bicycles, mini choppers, or even over-powered mopeds for that reason. I know more than a few people who have no active motorcycle or driver's license of any kind, yet they ride around on 100cc and even 250cc mopeds without any trouble from the men in blue. The one general rule I've heard from them is that even though their bikes can top 60mph or more, they tend to keep it under 35 anywhere there might be a copper hiding out. It's obvious that a big hulking 250cc mopen with windshield, radio, and even heat is not a 50cc bike, but even with the some 25 new police on patrol in our little Southern Indiana town, the law breaking moped riders have still been left alone. I say put a super quiet muffler on there, put some body flaring of some sort on to cover the motor, and pedal no matter what speed you're cruising, being sure to keep a thumb over the kill-switch in case of a cop-stop.
 

Yankphan

New Member
Feb 12, 2013
35
0
0
Florida
The laws are saying that only evokes are legal. The cop told me since it has a gas engine the bike is now illegal to use on roadways. If it were electric powered assisted... It would be legal. It's on eBay ... As will be my current cafe cruiser type build. I'm done with these .... Shame. Was fun though.
 

biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
Actually, there are several places where it mentions that any bicycle with a gasoline powered engine is not in any way legal to ride on public roadways.
I read through it twice. I can't find what you're talking about. Please copy what you're making mention of so we can have a look at it. All I see is about ebikes. The way they're presenting it, it's very tricky to make you think you're reading something you're not.

The reason they have statutes for ebikes is because federal law says if you build a bike/walking path using federal money you have to allow certain types of vehicles on them, and ebikes are one of those vehicles.

I agree that Florida is not motor bicycle friendly, but if you do a search you'll find that several people have challenged tickets in Florida for riding motor bicycles with no license and have won in court. In each case I think the ticket was dismissed without reason given.
 

biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
The laws are saying that only evokes are legal. The cop told me since it has a gas engine the bike is now illegal to use on roadways. If it were electric powered assisted... It would be legal. It's on eBay ... As will be my current cafe cruiser type build. I'm done with these .... Shame. Was fun though.
A cop can say anything he wants. That doesn't mean he knows what he's talking about.

I challenge anyone to show me where any Florida statute spicificly says gas powered motor bicycles are illegal.
 

KCvale

Well-Known Member
Feb 28, 2010
3,966
57
48
Phoenix,AZ
Too bad someone doesn't have the time to make up printable documents the has each state's official law on motorized bicycles for users here to print and carry with them.
By someone you mean someone other than you to keep track of the laws in all the other 49 states he doesn't live in and keep them updated so you don't have to look for yourself for your state?

I'll leave that at that.
Personally I know my my AZ state law by heart and it's here.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/28/02516.htm&Title=28&DocType=ARS

The difference between you and I is not only did I find that with great ease I have been **** bent on changing Arizona's for 2 years with actual legal drafts of my proposals and facts to back up why and there is an actual bill in the AZ House after my persistence HR 2177, http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/51leg/1r/bills/hb2177o.asp&Session_ID=110 and I am not the least bit happy with the proposal as in short in outlaws every gas powered motorized bicycle in the state as drafted with 1.3HP gas motor limit.

You can be a pussy or you can keep pushing for change YOURSELF if you want it like I am doing now that at least something made it in this year to address motorized bicycle laws and just sent this off to the chairwoman and the other 5 members of the AZ House Transportation committee that will make the legal change and a bunch more people in blind carbon copies.

Here is E-mail in it's entirety:

----
Dear distinguished AZ House District 1 Representative and Chairman of the House Transportation Committee Karen Fann and the other members of the AZ House Committee carbon copied with this e-mail,

Regarding the HR 2177 proposal to add electric power limits and changing the gas power output on motor assisted bicycles to the existing ARS 28-2516 statute let us please be pragmatic about it…

First off the motor assist laws do not supersede regular bicycle laws which require among other things reflectors, a front light at night, only riding on roadways and not the sidewalks, keeping to bike lanes or the right side of the road, etc.

Simply picking arbitrary limits and measurement numbers with no understanding of the mechanics, feasibility of practical use of what is being regulated tends to make for poor law with unforeseen negative consequences so please allow me to help educate all of you on what motor assisted bicycles are in real life application.

I am considered the best builder in Arizona, one of top 5 builders in the US and one of top 10 in the world and an authority with vast experience on every type there is so please listen.

Safe Operational Speed is the ultimate goal of regulating anything operated on the roadways correct?

Speed is certainly the easiest way for law enforcement to judge if someone is operating safely and in compliance with the law.

For anything operated on the roadways a maximum safe speed is determined by the stretch of roadway as is a minimum speed in some cases, but for automobiles and motorcycles this is not regulated by motor size, power or maximum obtainable speed for a reason, available power and how fast it will go safely are two completely different things.

I simply can not emphasize this point enough and just attempting to help you understand the difference between safe roadway operation and the power source to actually make it safer. Over regulating power source to limit top speed is the absolute worst way to make something safer, in fact the opposed is true in real life.

For an example of this fact perhaps you can relate to, have you ever driven a gutless 4-cylindar car?

Because of a lack power you become a road hazard because you can’t enter a roadway and accelerate quick enough to merge with roadway traffic fast enough.

Sure that gutless car can eventually get to roadway speed and even exceed the roadway speed but far worse where it matters most, from a dead stop.
The simple laws of physics state that you need more power for quicker acceleration from a dead stop.

That said I hope you can see that regulating safety by limiting power is counterproductive to the goal.

From a practical applied standpoint there are 3 power source options for motor assisted bicycles, 2-stroke gas power of 1.95HP 48cc and 2.75HP 66cc, there is also a 4-stroke 49cc 2HP, and of course electric battery sizes of 24V, 36V, and 48V with Wattage ranges from 200 to 1200 respectively.

I have personally built and rode every type and I can tell you first hand that the more power you have off the line the safer it is to operate, a lot safer in city stop and go riding.

I agree that besides a special speed limit and some motor power restrictions are needed to keep the idiots that what to throw some gigantic un-safe power source on a bicycle from killing themselves, please don’t loose site of the ultimate goal of providing a way for people to commute on a bicycle with a little motor help safely with traffic and be the greenest thing on the roadway or better yet, all the bicycle lanes this state is trying promote because bicycles motorized or not are just flat better than a car.

My amendment to ARS 28-2516 to bump a gas motor size to 66cc is easily enforceable and the most common and least expensive 2-stroke 2011 EPA compliant motorized bicycle motor in the world is 66cc and that limit covers the smaller 2-stroke and 4-stroke gas motors.

I am also all about safety and being forced to ride at 19MPH or less on the roadway is again less safe than getting up to speed quickly, especially when traffic is moving at 30+ MPH.

My proposal for speed regulation is the lesser of 30MPH or posted speed limit.

Again another analogy, ever been behind that that guy driving 19MPH on a 35MPH road? Traffic has to get around him to keep the flow and not safe.

I have always been all about safety, for example I won’t let any motorized bike out of my shop without front and rear brakes so my changes as a Part D adds a safety measure to require not just front and rear brakes but a flashing front light for daytime operation for any motorized bicycle operated over 20MPH.
I won’t ride without one ever because I know first hand many times that a blinking front light has prevented a motorist from crashing me.

HR 2177 as is states 1000W total battery power, since power is extremely difficult to measure for I cop I suggest just stating a 48V battery. It is easy to measure with a simple volt meter and adequate for bicycle motor assist.

As for the revision to gas motor size changing from 48cc to 1.3HP again you are you changing the measurement to something nearly impossible for law enforcement to determine and nothing but a mathematical conversion of 1000W to gas motor cc’s which equates back to about a 32cc gas motor, well the only 32cc 2-stroke motor is only used on leaf blowers, unavailable and never used for motor assisting a bicycle as it would be useless anyway.

Worse still is that obscure conversions from the arbitrary 1000W electric to 1.3HP for gas will render all of the thousands of currently legal 1.95HP 48cc motorized bicycles illegal.

Beside the mechanical facts of the huge difference between how electric motors and gas engines operate do you really want to outlaw all gas powered motor assisted 100-150MPG bicycles in this state and cut off the thousands of green minded working peoples crucial means of transportation?

Please consider my expert informed opinion on this matter and I am open for more real facts on any questions and willing to make a presentation in person in a committee public hearing.

Thank you,
KC Vale
Phoenix, AZ
---------

In short if you want something in state government changed get off your lazy cry baby butt and start something yourself or just shut the heck up because if YOU won't make an effort yourself you have no right to just complain about how things are expecting others to do it for you.

My efforts may may doom all gas bikes in this state, but then again it may make Arizona the most gas powered bike rules friendly in the country the same way AZ regulates Guns, I can walk around with a concealed gun and even a full assault automatic machine gun without a permit or background check on the streets.

Assault weapons are meant to kill people in mass, the worst that can happen on an motorized bicycle is you kill yourself so when it comes to public hearings if need be you bet your butt I'll be there to point that out in force.

Do you see what I mean?
 
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Trey

$50 Cruiser
Jan 17, 2013
1,432
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Where cattle outnumber people 3 to 1.
Ouch. That was a little harsh... I get that way about Democracy as well tho.
Being a strict Constitutionalist myself, I applaud you actions. It is your duty as a Citizen to effect change upon your elected government when you see fit. If you are right, others will join you. That is the very definition of Democracy. Well done sir!
I beg of you my friend; Please do NOT use guns as a point of conversation with any government representative, unless the conversation is about weaponry. Weapons are weapons. They are not like anything else. They are not comparable to anything else. They do not relate to anything else. We must be proactive in keeping the waters clear at all times on this issue. They are government, they are not usually the brightest bulb in the box (if I have offended, I can not apologize for a readily observable fact). Think of it as not confusing them. You are obviously intelligent enough to frame your argument in other ways, and I believe you will be well served by doing so.
Thanks for listinen:)
 

happyvalley

New Member
Jul 24, 2008
784
1
0
upper Pioneer Valley
I always thought AZ had one of the better defined motorized bike statues in the country, at least it was defined anyway unlike many places, and that was due to the efforts Roland had put into it. So now it's at risk of going from this:

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/28/02516.htm&Title=28&DocType=ARS

to this?:

http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/51leg/1r/bills/hb2177p.htm&Session_ID=110

(the way the old law was written shown in red)

C. For the purposes of this section, "motorized electric or gas powered bicycle or tricycle" means a bicycle or tricycle that is equipped with a helper motor that has a (maximum piston displacement of forty-eight cubic centimeters or less) power output of no more than one thousand watts or one and three-tenths horsepower, that may also be self-propelled and that is operated at speeds of less than twenty miles per hour.
Call me crazy but all I see is more power restriction and the same 20mph.
 

MotorBicycleRacing

Well-Known Member
Jul 28, 2010
5,844
109
63
SoCal Baby!!!
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By someone you mean someone other than you to keep track of the laws in all the other 49 states he doesn't live in and keep them updated so you don't have to look for yourself for your state?

I'll leave that at that.
Personally I know my my AZ state law by heart and it's here.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/28/02516.htm&Title=28&DocType=ARS

The difference between you and I is not only did I find that with great ease I have been **** bent on changing Arizona's for 2 years with actual legal drafts of my proposals and facts to back up why and there is an actual bill in the AZ House after my persistence HR 2177, http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/51leg/1r/bills/hb2177o.asp&Session_ID=110 and I am not the least bit happy with the proposal as in short in outlaws every gas powered motorized bicycle in the state as drafted with 1.3HP gas motor limit.


My efforts may may doom all gas bikes in this state, but then again it may make Arizona the most gas powered bike rules friendly in the country
Your link doesn't work so here is the proposed law with the changes in red.
http://www.azleg.gov/legtext/51leg/1r/bills/hb2177p.pdf
 
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Dave31

Active Member
Mar 1, 2008
11,199
47
38
Aztlán, Arizona
I always thought AZ had one of the better defined motorized bike statues in the country, at least it was defined anyway unlike many places, and that was due to the efforts Roland had put into it. So now it's at risk of going from this:

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/28/02516.htm&Title=28&DocType=ARS

to this?:

http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/51leg/1r/bills/hb2177p.htm&Session_ID=110

(the way the old law was written shown in red)



Call me crazy but all I see is more power restriction and the same 20mph.
The efforts that Roland put in was to unbann motorized bicycle in the city of Tucson. had nothing to do with the state of Arizona. There already is a federal law that allows motorized bicycles. All we did was get the city of Tucson to adopt the federal law.

Even if KC bill passes, we in Tucson will still have a 20mph speed limit because thats our city ordinance.
 

biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
The efforts that Roland put in was to unbann motorized bicycle in the city of Tucson. had nothing to do with the state of Arizona. There already is a federal law that allows motorized bicycles. All we did was get the city of Tucson to adopt the federal law.

Even if KC bill passes, we in Tucson will still have a 20mph speed limit because thats our city ordinance.
The only federal law about motor bicycles is about ebikes.