I just got off the phone with a questionably informed "somebody" from the brevard sherrifs office.Basicly what she said is "if it has a "gas engine" it has to be tagged and you need a licence.and my seconeded question to her is if i could use the bike as just a bike? she said once i put a motor on it i cant be rode as a bicycle.i asked her if there was a maximum engine dispacement limit and she said no.its all gota be taged and you can be ticked.so i just strait hung up on her and went to here for some expert advice.so anyone care to enlighten me as to what the TRUE laws are?My bike is a 31cc friction drive huffy beach cruiser i also have a 80cc(66cc) bike with a spd shift kit on a point beach cruiser.
THanks for the advice!
THanks for the advice!
They know it's a grey area. It's always going to depend on the officer you meet. In court, it can go either way as shown by different anecdotal evidence..
Most people go to court and get the charges dismissed, and some people go to court and get found guilty.
If you look at the TL-10 document it clearly states to ask local law enforcement as to where it can be used. Depending on your local police force, you get different answers. It's confusing to say the least.
Not really an answer for you, sorry. But until they pass a law specifically adding gas (or removing the word electric) from the statutes, it will continue to be a gray area. Wasn't someone supposed to be working on this?
PS The police/Sherrif will always tell you "no", that's the way they cover their ass.
Most people go to court and get the charges dismissed, and some people go to court and get found guilty.
If you look at the TL-10 document it clearly states to ask local law enforcement as to where it can be used. Depending on your local police force, you get different answers. It's confusing to say the least.
Not really an answer for you, sorry. But until they pass a law specifically adding gas (or removing the word electric) from the statutes, it will continue to be a gray area. Wasn't someone supposed to be working on this?
PS The police/Sherrif will always tell you "no", that's the way they cover their ass.
Matman55, I too live in Mims, Fl(What are the odds) I don't have a bike or motor kit yet. I'd eventually like to get one, how ever I've been skeptical. Only due to the legality of having and riding one.
My questions to you are, has BCS(or TPD) given you any problems? Also James912 document if you've had to use it how's that worked?
My questions to you are, has BCS(or TPD) given you any problems? Also James912 document if you've had to use it how's that worked?
I saw your post and thought i would direct your attention to my case under thread (pulled over in Grant Florida) RB44 in pinellas park. to my knowledge at this point if you are caught going faster that 30mph you will be classified as a moped for which you will be asked for your license, otherwise it is a motorized bike as stated in the Document James912 has provided us and no license is required! the Police are not lawyers and most are just to ignorant to think anything else if it has motor on it? it`s a motor vehicle! if you get ticketed take it to court and plead not Guilty! if the judge refuses to through out the ticket then appeal it to a jury trial! you will get a pretrial hearing at which point the prosecutor should toss it! I certainly hope you or anyone else does not have to go through this! just fyi" I intend to sue the police dept when my case gets tossed as stated in my post just to set an example once and for all!!!I just got off the phone with a questionably informed "somebody" from the brevard sherrifs office.Basicly what she said is "if it has a "gas engine" it has to be tagged and you need a licence.and my seconeded question to her is if i could use the bike as just a bike? she said once i put a motor on it i cant be rode as a bicycle.i asked her if there was a maximum engine dispacement limit and she said no.its all gota be taged and you can be ticked.so i just strait hung up on her and went to here for some expert advice.so anyone care to enlighten me as to what the TRUE laws are?My bike is a 31cc friction drive huffy beach cruiser i also have a 80cc(66cc) bike with a spd shift kit on a point beach cruiser.
THanks for the advice!
It has not come up in any discussions with the attorney, but I will ask to see what he says?
3/20/13 update" went to the big courthouse for a pre trial hearing on this case ,spoke with the prosecutor and showed him the notarized letter from the DMV James was kind enough to provide us and still the prosecutor did NOT want to dismiss the case. next month will mark one Full year of having to go appear in court every month just to have the prosecutor say he is not ready to move fore-ward or I need to talk to your attorney more or some kind of excuse. My attorney informed the judge of our position for wanting to either drop it or move it to jury trial and has granted us April 24th as trial date" the judge will consider a motion to dismiss the case before then when my attorney files a motion in the next few weeks. My attorney and i agree that the reason for all the delays is due to the prosecutor does not want to have case loss on his record and just does not want to deal with it! personaly" I want to go to trial to get a court ruling under a jury!
Hey I am in Merritt Island, Fl. I was reading this last nite and I felt like the definition was pretty clear concerning what is a bicycle. Since I bought it as a bike and didnt build it from non "bike" parts I thought it was a bike. Since the motor kit was made to be installed on Bicycles only and not mopeds or the like that further solidified that I was working on a bicycle.
Definition of a bike is pretty broad and includes the phrase "and including any device generally recognized as a bicycle"
"Any device" being the key word and tricky phrase part.
A moped is described thusly "If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters"
Mine is 66cc so its clearly not a moped. (princess brides' Vinces logic)
I know its not a motor vehicle by their definition "Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle,"
"Any bicycle" being the key word and tricky phrase.
A bicycle that is sold as and bought as a bicycle is a bicycle, plain and simple. Adding a motor to it is not illegal and doesnt change its definition.
Thats my story and I am sticking to it.
Definition of a bike is pretty broad and includes the phrase "and including any device generally recognized as a bicycle"
"Any device" being the key word and tricky phrase part.
A moped is described thusly "If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters"
Mine is 66cc so its clearly not a moped. (princess brides' Vinces logic)
I know its not a motor vehicle by their definition "Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle,"
"Any bicycle" being the key word and tricky phrase.
A bicycle that is sold as and bought as a bicycle is a bicycle, plain and simple. Adding a motor to it is not illegal and doesnt change its definition.
Thats my story and I am sticking to it.
Yep" That`s the way the DMV is looking at it too as it states on the notarized copy James provided us > A bicycle will remain a bicycle EVEN AFTER the motor kit is installed! the dmv will NOT register them as Motor vehicles! a Moped is classified as a motor vehicle by law and must be registered! The reason we as motor Bicyclist have so much trouble from the boys in blue is they do not like these things because they think the guys with dui`s and under suspension are getting one over on em by operating what they believe is a motor vehicle(anything with a motor on it Must be a motor vehicle?). even though they are wrong it does NOT STOP them from arresting someone and impounding the bike" after the arrestee is bailed out you have to pay the towing fee and that can be a problem if you do not have the money so then one loses the bike forever, so far the local traffic courts have ruled guilty as charged mostly because very few charged can afford a lawyer to fight it and pleaded no low,paid a fine or worse? that is why I want a jury to decide this case once and for all! I do NOT expect any jury in this country will convict me! I need this ruling because I intend to sue the local PD for my expenses thus far! That`s MY story and i`am sticking to it!
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So, how about the issue of whether or not it is LEGAL to operate the gas motorized bicycle on PUBLIC roads?
DMV's DO Register... (with all your ducks in a row..)
because they do not meet the safety requirements as with a registered vehicle> this is one issue that can bite us on the ass! SHHHH!
ohh, ok...
I agree... that it would be cool IF:
- you do NOT have to register a gas motorized bicycle.
- AND that it would be LEGAL to operate on public roads.
Good Luck with your case. You ARE entitled to a fair and SPEEDY trial/ justice.
Your case, if decided properly, can set a precedent for Gas motorized bicycles.
It all comes down to reasonable people understanding what defines a motorvehicle. That definition excludes All bicycles. A bicycle is defined as among other things Any "device" generally recognized as a bicycle. That is very broad. Since the bicycle I bought from Target was manufactured as a bicycle it is a bicycle and cannot be redefined simply by adding a motor to it. A bicycle is allowed to be operated on public roads, no tag, no liscence. The fact that it has a motor does not change its definition since Any device is what is described. Its true that the cops can do what they want, and its a hassel for sure. The intimidation is designed to get people to comply with the law and it probably will save someones life so they think its worth it. All you can do is be courteous to the officer, accept the ticket and plead your case in court if it comes to that. Seems pretty cut and dry to me.