Florida law - registration required!!!

GoldenMotor.com

mopeder

New Member
Mar 20, 2012
1
0
0
Naples Florida
Here is the e-mail I received from Mr. Weinberg's Supervisor..




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The asterisk then refers to the bottom of the flier explaining that per Florida law (which can be found under 316.460 Equipment regulations for mopeds.* No person may operate a moped that does not conform to all applicable federal motor vehicle safety standards relating to lights and safety and other equipment contained in Title 49, Code of Federal Regulations. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.*
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Now if you want to add the motor to a bike and present it to the proper authorities that federally regulate and inspect the production of vehicles and if you receive an approval that the vehicle meets all the criteria, they may issue a number and permit for the vehicle to be considered production and for title.* This must then be taken to the appropriate agency for consideration which may allow for it to be titled and possibly registered.* This process will more than likely take years for approval.
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This required process basically will keep any bicycle powered by an engine or motor, homemade built and not mass produced, from being recognized as a moped and the Tax Office will follow the same ruling and not issue a registration.*
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For further federal information:
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The National Highway Traffic Safety Administration has established safety standards by which all vehicles
used on a highway must be constructed. The Federal Code of Regulations Title 49, Part 567, requires the
manufacturer to place a label on the vehicle indicating compliance with these safety regulations. Below is the link for this site if you wish to read on.
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http://www.nhtsa.gov/cars/rules/maninfo/mcpkg002.pdf
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I hope this assists you.
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Thoughts, WorkmanFL?
I think this Gentleman, a typical bureaucrat, is blowing smoke. First you do not need to apply to the Feds to license and title a custom fabricated Motor Cycle in Florida. You can do it with DMV officials. Custom Choppers are done all the time. Second It is very clear that Mopeds do not require a title under current DMV rules so this Gentleman is wrong on that issue saying it is required. It is hard to imagine that is would be harder to license a custom built moped than a Custom Built Motorcycle in the Florida. I think the Sheriff's guide is terrific ammunition for those seeking a tag at the DMV.
 

SANGESF

New Member
Feb 23, 2009
641
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0
Lake Worth
My gut feel/ thoughts:

A. is that the above is correct, and the flyer on the topic by St. Lucie County FL Sheriffs Dept MAY unfortunately need to be amended.

B. Those Gas MBers who registered them legitimately years ago as Mopeds at the time of registration are grandfathered in.

ADD:
And its STILL A GREY AREA, (for some Gas MB - Moped Individuals) because of the DOT Issues not having been dealt with at the time of registration.
(End of Add)

C. It would be great if the word "electric" would be removed from the statutes, I guess we are all still waiting on Jeff Arnetts efforts and the MB Community to having the law amended. (no reg, no plate, no licence)

I am not an Attorney, but thats my 2 cents.

What do you think Sang?

:)
Post my answer on The other site and see what they say...

(I'm curious what Gene will think.. ;))
 

worksmanFL

New Member
May 25, 2010
579
0
0
Palm Coast, FL
Bump...

Hi All,

For 2012, the legislative session session has ended and our applicable law issue was not amended.

I was told we should talk to our local legislative reps on this subject.

And, unfortunately other info says the same - that you cant register a gas powered bicycle.

In so many words, I was under the impression that anyone with a registered gas motorized bicycle is "granfathered" in - as a Moped.

sigh...

:)
 

picklefish

New Member
Mar 25, 2013
146
0
0
Merritt Island, Florida
So I went to the link that took me to the florida statutes definitions page 28. From reading that I gather that a gas powered motorized bicycle meets the definition of bicycle as it is written there.
"and including any device generally recognized as a bicycle though equipped with two front or two rear wheels."

Heres why its not a moped ; "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"

Since my kit is engaged with a clutch and exceeds 50cc and is generally recognizeable as a bicycle its a bicycle.

Heres the best part, because its a bicycle by definition it cant be a motor vehicle as defined; "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."

From what I know of the scumbag legal people is that they love definitions! Can anyone disprove this, am I wrong? I would love if I knew for sure.
 

worksmanFL

New Member
May 25, 2010
579
0
0
Palm Coast, FL
So I went to the link that took me to the florida statutes definitions page 28. From reading that I gather that a gas powered motorized bicycle meets the definition of bicycle as it is written there.
"and including any device generally recognized as a bicycle though equipped with two front or two rear wheels."

Heres why its not a moped ; "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"

Since my kit is engaged with a clutch and exceeds 50cc and is generally recognizeable as a bicycle its a bicycle.

Heres the best part, because its a bicycle by definition it cant be a motor vehicle as defined; "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."

From what I know of the scumbag legal people is that they love definitions! Can anyone disprove this, am I wrong? I would love if I knew for sure.
Hi,
There is info on the "other site" that should be useful to you. I still own my "grandfathered in" moped, no problems at all here. Spoke to a few local Police Officers, no issues...
The post/ thread goes over in much more detail what I and a handful of others have done to LEGALLY register my home made Moped.
PM me if you can't find it.
Good Luck!
:)

PS: when speaking to the tax and tag office... less is MORE...just the basics, ONLY discuss what is required, no lengthy details... :)

PSS: (Im guessing that if the actual law doesnt change, it will still be a grey area.)
 
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worksmanFL

New Member
May 25, 2010
579
0
0
Palm Coast, FL
Florida Legal as of 05/12/2014

http://www3.flhsmv.gov/dmv/Proc/RS/RS-68.pdf

The Basics:
II. GENERAL INFORMATION:

A. This procedure (RS-68) is applicable when a gas motor/engine kit has been installed on a
bicycle frame and the motor:
• Is not rated in excess of 2 brake horsepower
• Is not capable of propelling the vehicle at a speed greater than 30 mph on level
ground
• Displacement does not exceed 50ccs

NOTE: If all of the above applies, the vehicle would fall within the classification of a moped.
Therefore, it would be required to be registered, but not titled.

B. The operator of a gas powered bicycle (moped) is required to follow the rules of the road
and safety equipment requirements of section 316.208, 316.2085 and 316.211, Florida
Statutes.

C. The customer must be directed to a Division of Motorist Services (DMS) Regional Office
in his/her region. A compliance examiner will inspect the motorized bicycle and if it is
found to be compliant as a moped, a VIN decal will be assigned. The Regional office will
then issue a registration and motorcycle license plate to the gas powered bicycle (moped)
 
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floridaoutlaw

New Member
Aug 20, 2014
2
0
0
viera florida
im curious. how do i register my bike when it doesnt even have a VIN? and do i but down the company that sold the bike to be as the company? theres just so many things that seem to be missing if i were to try and get it registered.
i really would like to go legal haha. i hate only riding at night around neighborhoods and having to cut the engine every time i see a car coming that may be a cop XD.
once when my car was broken down and i had to use my bike to get to work i put my plate from my scooter on my bike. i had cops pass me but if i ended up getting pulled over i would be in all kinds of crap.
 

gobike

New Member
Aug 12, 2014
5
0
0
USA
From what I have read, they will give you a VIN.
I don't think you will have a single "company" listed as the maker of the bike.
I think it will be an assembled from parts type of thing.
You'll need a receipt for the main two main parts of the bike, it's Frame and motor. Unlike wrets post about Maine, I don't think in florida they will need separate information or receipts for the forks(front end) of the bike.

I want to hear from someone that has done it and made it out alive in Florida also.