FL

GoldenMotor.com

biknut

Well-Known Member
Sep 28, 2010
6,652
458
83
Dallas
Where is this dismissal? Can you give us a ticket number to reference or better yet, a copy of the dismissal?
The article isn't clear if there was a dismissal. The way it's worded it sounds like there could have been a trial that the defendant won.
 

SANGESF

New Member
Feb 23, 2009
641
0
0
Lake Worth
Hey SANGESF when you gettin that new gas powered MB?
Like I said before, a news article is not necessarily truth or law, that's why I want the court documents.
(you NEVER know the circumstances of the case until you see the actual documentation)

And let's just say, I actually get a jury trial and I lose? Who's gonna pay my court costs and legal bills?

You have to realize, my bike actually LOOKS like a moped/motorcycle, so I'm not taking ANY chances. Everyone elses bike LOOKS like a BICYCLE and has a little gas engine in the middle that's a bit more discreet than my setup.
Just because an article says one thing, that doesn't make it true, hence my request for the court documents..
As an example..
Someone here once said, "hey I got it dismissed, because my bike is legal and I don't need a license for it".. But then you get to the nitty gritty of it and you find out that the person hit the kill switch and started pedaling and that's why it was dismissed (because they only caught that person while pedaling with the engine off) and for no other reason.
 

motorbiker

New Member
Mar 22, 2008
569
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Tampa Bay Florida
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.
My electric bicycles are mopeds. They have VIN's too. It does say if an ic engine is used.

30 mph is ok on an electric bicycle in Florida. Just call it a moped ! :)

Who sells gas engines under 2 hp ? That's 1500 watts ? Right ?
 
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SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
Motorbikr... Forget that even.. You ever seen a 50cc that's limited to 20mph?
****, my 38cc went 24, I'm sure a 49cc could hit over 30mph...
 

biknut

Well-Known Member
Sep 28, 2010
6,652
458
83
Dallas
Stop beating a dead horse SANGESF and emprace the love. Gas powered motor bicycles are legal in Florida. You acting like you got some kind of problem with that. It's all good man.

Can you find one conviction. I doubt it. I'll tell you something else you might find shocking. No one ever said justice is cheap. Look at it like this, yeah you will lose money and time fighting it in court, but if you win, nobody else in the state, including you will have to again.

That sounds worth it to me.
 

motorbiker

New Member
Mar 22, 2008
569
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0
Tampa Bay Florida
Stop beating a dead horse SANGESF and emprace the love. Gas powered motor bicycles are legal in Florida. You acting like you got some kind of problem with that. It's all good man.

Can you find one conviction. I doubt it. I'll tell you something else you might find shocking. No one ever said justice is cheap. Look at it like this, yeah you will lose money and time fighting it in court, but if you win, nobody else in the state, including you will have to again.

That sounds worth it to me.
This is 2 hp or less.

Robin Subaru EHO35 33.5 cc 1.60 HP Four Cycle Engine Factory 21.76 oz tank: Staton Inc
 
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biknut

Well-Known Member
Sep 28, 2010
6,652
458
83
Dallas
The state isn't telling us why you don't need a license to ride a bicycle with a helper motor, “The defendant was operating a bicycle with a helper motor,”. I don't see anything indicating the size of the motor had any bearing on the ruling.

According to paperwork filed by the state attorney’s office in Panama City.

“This vehicle does not meet the legal requirement of a motor vehicle that would require her to have a valid Florida Driver’s License.”


We got the same thing going on here in Texas.
 

biknut

Well-Known Member
Sep 28, 2010
6,652
458
83
Dallas
quote:
Arnett said he has been told that all bicycles with a gas-powered engine are considered mopeds.


Just the ones not over 2 hp?

You are claiming the motors you sell are rated 2 hp or less ?
I was told a lot of incorrect information about riding a motor bicycle from state employees.

There probably are legitimate reasons why the state would throw a smoke screen up about the real reason motor bicycles are legal.

In Texas about the best thing you can get, is the equivalent of a nod and a wink if you ask the right questions to the right person.
 

decoherence

New Member
Aug 23, 2010
476
2
0
sebring,fl
Like I said before, a news article is not necessarily truth or law, that's why I want the court documents.
(you NEVER know the circumstances of the case until you see the actual documentation)

And let's just say, I actually get a jury trial and I lose? Who's gonna pay my court costs and legal bills?
THIS!!!!!!!
You have to realize, my bike actually LOOKS like a moped/motorcycle, so I'm not taking ANY chances. Everyone elses bike LOOKS like a BICYCLE and has a little gas engine in the middle that's a bit more discreet than my setup.
Just because an article says one thing, that doesn't make it true, hence my request for the court documents..
As an example..
Someone here once said, "hey I got it dismissed, because my bike is legal and I don't need a license for it".. But then you get to the nitty gritty of it and you find out that the person hit the kill switch and started pedaling and that's why it was dismissed (because they only caught that person while pedaling with the engine off) and for no other reason.
mine looks like a motorcycle also.

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.
this is all we (keep) are asking for.

i didn't see anywhere saying it was legal. the WHOLE story is about there being confusion.

Arnett said:
“If I’m wrong, I will definitely apologize, make it public and make it known, definitely” Arnett said. “I’m not that kind of guy. I would not go out and start spouting my mouth about any type of information unless I double checked it to be sure. That’s just the military in me.”
that is a good quote. i appreciate arnett for bringing this to the public's atention.

we also just need to double check. if i get puled over and asked, i can show them.
telling them, "some guy in a forum told me to read an article about how the legality is in question." doesn't fly.
 

biknut

Well-Known Member
Sep 28, 2010
6,652
458
83
Dallas
THIS!!!!!!!

mine looks like a motorcycle also.


this is all we (keep) are asking for.

i didn't see anywhere saying it was legal. the WHOLE story is about there being confusion.


that is a good quote. i appreciate arnett for bringing this to the public's atention.

we also just need to double check. if i get puled over and asked, i can show them.
telling them, "some guy in a forum told me to read an article about how the legality is in question." doesn't fly.
Laws don't make things legal, laws make them illegal. The state is not likely to come out any time soon and say there's no law covering gas powered motor bicycles. By keeping that fact hushed up, confusion rains, and authority's can still harass very young riders off the streets.

It's up to you to know your rights, and stand up for them.
 
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decoherence

New Member
Aug 23, 2010
476
2
0
sebring,fl
Laws don't make things legal, laws make them illegal. The state is not likely to come out any time soon and say there's no law covering gas powered motor bicycles. By keeping that fact hushed up, confusion rains, and authority's can still harass very young riders off the streets.
hmmm. it's a conspiracy now, huh?

It's up to you to know your rights, and stand up for them.
aweeee. that SOUNDS so nice. you should throw an "AMERIKA! in there.
i'm pretty sure trying to know what laws apply to us is why we are here making these threads & asking for proof.
it is much easier standing up for your rights when it isn't based on heresay.

i use to do a job that had people always trying to tell me what the law is.
i always got them @,"where did you get this info."
it always was good for derailing their made up laws.
no one said he was wrong.
we just want to see where arnett got is information from.

hey buddy. if you are fine with what you believe, cool.
no one is here to stop you from riding.
heck, i ride everyday. just hoping the legality doesn't come up.

it isn't a conspiracy. it is that one officer you have to worry about.

if the info is that no DL is needed to drive on the roads with a motor/bike that would be awesome.

my uncle is almost 50, mentally disabled, & legally blind.
there is no public transportation here. he rides a bike every where & when he use to have a motorised bike & he was harassed. i would like to get him a motor.

i am still going to try & get mine registered as a moped.
i see the 20mph limit being an issue for many people.
 

Fulltimer

New Member
Aug 13, 2010
1,321
3
0
77
Saint Augustine, FL
One of the problems as I see it is the power limit. Here in the Florida flats where I live it isn't a problem. But where there are hills you need the HP to get up the hills. That in turn enables your bike to exceed the maximum speed the bike will go. Sure you can gear it to keep the speed down but you still have a problem with that HP rating.

I ride with my fingers crossed all the time. The city police and county sheriff departments don't bother me so I'm lucky I guess.

Terry
 

biknut

Well-Known Member
Sep 28, 2010
6,652
458
83
Dallas
One of the problems as I see it is the power limit. Here in the Florida flats where I live it isn't a problem. But where there are hills you need the HP to get up the hills. That in turn enables your bike to exceed the maximum speed the bike will go. Sure you can gear it to keep the speed down but you still have a problem with that HP rating.

I ride with my fingers crossed all the time. The city police and county sheriff departments don't bother me so I'm lucky I guess.

Terry
Since there's no special law covering gas powered MBs the only speed limit is the regular posted speed limit. Only electric MBs have a special speed limit of 20 mph, which is what the federal gubberment recommends in their guidelines. Gas powered is not mentioned.
 

biknut

Well-Known Member
Sep 28, 2010
6,652
458
83
Dallas
There's laws, and then there's interpretations of laws. Often those are two different things. There's going to be different localities interpreting what they think the law is for MBs differently. Until the state attorney general writes an opinion about it, it's up to each locality to decide how to enforce a law, or if there even is a law against something. They can basically do whatever they want until someone mounts a challenge in court. Remember most tickets get paid without a challenge.

President Bill Clinton proved to me that if you're not a lawyer, you're not qualified to know if a law has been broken, so no matter how much it looks like you're a guilty rotten rat sob, you'll never really no until a jury finds you guilty. Ask OJ. If you don't value freedom that much just pay all your tickets without a challenge.

I'll give you a good example of what I'm talking about. You've heard of the beloved red light cameras. The first one in Texas was installed in Garland, Texas. Since Garland was first, they wrote the guidlines that ended up being copied by everyone else in the state that decided to install the cameras.

Then here I come one day waiting in the left turn lane at a light with a red light camera in Garland Texas in my work truck. I was about 3 cars back in the line. The first car was stalled. Traffic was heavy and it took me 3 lights to get around it. When I findly got a chance to go the light turned red just as I made my move.

A couple weeks later I get a ticket for running the red. Included with the ticket was a picture of the back of my truck in the intersection on a red. The ticket said to send $75, or if you're stupid enough to want challenge it, you can request a hearing with a camera red light employee to decide your guilt for an extra $40. I requested a hearing.

The CRL employee showed me a video of my truck going through the intersection. He said is clearly shows me entering the intersection on a red. He said it was really close, and he saw that there was a stalled can in the front of the line, but he had to follow his guidelines.

Showing me the video of the evidence was a big mistake. From the angle of the camera you couldn't see exactly where the front of my truck was in relation to the stop line. I informed him that the front of my truck was 1 inch past the stop line when the light turned red so therefore I had a right to clear the intersection. That's what I was taught in caveman driving school.

He then informed me that the intersection didn't start at the stop line, it started at a line parallel to the curbs of the intersecting street. That was about 10 feet farther than the stop line. A great interpretation of the law if you want to write a lot of tickets.

That was in conflict to what I was taught in driving school, so I ask him if he could show me the statute where it said that. He said it was in this big book on his desk, and it would take a long time to find it. I told him I made the time to come to this hearing today so knock yourself out finding it, I got plenty of time. He opened the big book to exactly the right page on the first try.

It said,

An intersection will be considered to start at a line parallel the curbs of an intersecting street, in absence of a stop line.

I looked at him in disbelief, expecting him to say something like oh I didn't know that ticket dismissed, but instead he said, well that doesn't matter, my guidelines say the intersection starts at a line parallel the curbs of the intersecting street, and that's what I have to go by. I informed him I didn't agree with his decision.

He said the state allowed me to appeal his decision in municipal court, but it would cost, you guessed it, extra. He said if I would just pay the ticket he would wave the $40 hearing charge. He also informed me that even if I win the appeal the state gets to keep the money for the appeal.

To make a long story short I won in appeals court. They gave me back my original check uncashed, for every penny including the appeal charges. I had a local TV station waiting outside the courthouse with cameras rolling showing my check in hand, and I got to inform the world on TV that Garland Texas was not following Texas law and ripping people off for millions of dollars.


Red light cameras in Texas are ticketing motorists who had legally entered intersections.

Texas Red Light Camera Offenses Require Imagination
 

James912

Member
Apr 12, 2011
584
2
16
32
Florida
Yup, Your link is rite on!. Exact one im getting. I'd rather have a 49 or 50cc engine. Anything below 40cc's probably has trouble climbing hills...
 
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