Florida mopeds

DBB

New Member
Jul 7, 2009
25
0
1
Florida
Florida Statues Section 320.02 says "every owner or person in charge of a motor vehicle that is operated or driven on the roads of this state shall register the vehicle" but a moped is not a motor vehicle as defined in 320.01, which says "'Motor vehicle' means: ...any...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...bicycles, or mopeds."

Question 1: Since only motor vehicles must be registered and mopeds are not motor vehicles, it sounds like mopeds don't have to be registered. Is that right? If not, where is the law that requires mopeds to be registered?

320.01 defines moped as "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."

Question 2: It sounds like many gas-powered motorized bicycles up to 50cc would fit the definition of moped. Is that right?

Question 3: Are there any other FL laws that prohibit up-to-50cc gas-powered motorized bicycles on streets?

Question 4: I see gas-powered scooters on the roads constantly. Since they don't have pedals, would they be classified as motorcycles regardless of hp and top speed?
 

SpecialX

New Member
May 1, 2012
137
0
0
Florida
1.) FS316.2085
(3)**The license tag of a motorcycle or moped must be permanently affixed to the vehicle and may not be adjusted or capable of being flipped up. No device for or method of concealing or obscuring the legibility of the license tag of a motorcycle shall be installed or used.

2.) Possibly.. It's a grey area.. Technically you're not supposed to be able to register a gas-powered bicycle as a moped. But it can be done.. I've done it.

3.) Not that I know of. (Although some say you need a license and some say you don't.). If you HAVE registered it as a moped, then you definitely need a license.

4.) Absolutely

What are you trying to figure out, exactly?
 
Last edited:

DBB

New Member
Jul 7, 2009
25
0
1
Florida
2.) Possibly.. It's a grey area.. Technically you're not supposed to be able to register a gas-powered bicycle as a moped. But it can be done.. I've done it.
If it meets the definition of a moped, why couldn't you register it? What other requirements are there?

What are you trying to figure out, exactly?
Just trying to understand what's legal to ride on the road. If it can be registered, that would be highly desirable, because obviously a registered vehicle is street-legal. I don't want to build something and then be told it's not legal on public roads. An operator's license is not a problem.

Question 5: Section 316.46 says, "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." I couldn't find those regulations. What is required? Can you post a link?
 

SpecialX

New Member
May 1, 2012
137
0
0
Florida
I did mine last year when there was a time the DMV allowed bikes with gas motors to be registered as mopeds...

If I were you, I'd make sure you had two rear view mirrors, front white (always on) light (That can be seen from far away), a rear red light, directionals, brake light, DOT approved tires, etc.

Also get a certified affidavit (done by a Notary Public) stating you are the true and rightful owner of the moped.

Take the serial number and add zeros at the end to make it 17 characters long, as a VIN.

Register it as a "homemade moped" and use this document...

http://www.flhsmv.gov/dmv/forms/btr/82050.pdf

If you don't know how to fill out the form, call your local DMV office and ask them how to fill it out as a MOPED REGISTRATION.... NOT as a motorcycle or scooter (as the. It would need a title)...
 

DBB

New Member
Jul 7, 2009
25
0
1
Florida
If I were you, I'd make sure you had two rear view mirrors, front white (always on) light (That can be seen from far away), a rear red light, directionals, brake light, DOT approved tires, etc.
Is there a checklist they use to decide if a "homemade moped" has the required characteristics?
 

SpecialX

New Member
May 1, 2012
137
0
0
Florida
Easiest way is to call up the DMV and ask questions and get the answers that the specific DMV that you will ultimately go to is looking for so you'll be ready when you get there..

Call them up and ask them how to register a homemade moped.
That's the best way to go about it.
 

James912

Member
Apr 12, 2011
586
0
16
29
Florida
Adding zeros to a number does not make it a vin. A VIN has to be legal. Thats illegal. Thats no different than making your own id, DL, SS#, etc. If the police find out, you could be jailed. Anything under 50cc, your not required to register it, get a dl, or any of that crap. Its a motorized bicycle, no matter what the police says it is. They hate us. Check out my DMV Doc in my signature. The head DMV office in Tally support this document. Feel free to print it out and carry it around with ya.
 

DBB

New Member
Jul 7, 2009
25
0
1
Florida
1.) FS316.2085(3)**The license tag of a motorcycle or moped must be permanently affixed to the vehicle and may not be adjusted or capable of being flipped up.
That just says how a tag should be affixed if there is one. It doesn't explicitly require you to get one. So, I declare my Question 1 (see post 1) to be still open and invite other answers.
 

DBB

New Member
Jul 7, 2009
25
0
1
Florida
The definition of moped in 320.01 includes "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."

Question 6: Are mopeds allowed to have hand-operated clutches?

Question 7: A Sick Bike Parts shift kit, along with a cassette on the rear axle, would take the bike out of the definition of moped, and turn it into a motorcycle, right?
 

DBB

New Member
Jul 7, 2009
25
0
1
Florida
Anything under 50cc, your not required to register it, get a dl, or any of that crap. Its a motorized bicycle, no matter what the police says it is. They hate us. Check out my DMV Doc in my signature. The head DMV office in Tally support this document. Feel free to print it out and carry it around with ya.
Thanks, I would definitely print it out and carry it. It might discourage a police officer from writing a ticket. But has it ever been used in court? A DMV interpretation doesn't have the authority of law unless a judge accepted its reasoning in a precedent-setting case. It might be helpful in court, but I'd much rather have an actual law supporting my position.

Moreover, the DMV interpretation says, to find out where these contraptions may be ridden, one should consult the police, who might say, "only on private property."
 

decoherence

New Member
Aug 23, 2010
476
2
0
sebring,fl
The definition of moped in 320.01 includes "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."

Question 6: Are mopeds allowed to have hand-operated clutches?

Question 7: A Sick Bike Parts shift kit, along with a cassette on the rear axle, would take the bike out of the definition of moped, and turn it into a motorcycle, right?
i'm leaving your other questions alone but i know these two.

question six is answered w/"after the drive system is engaged"
the clutch is only use to engage & disengage the engine.

question 7 shift kit w/derailer would make it illegal.

some sort of auto shift kit would be legal as long as there is no need for any manual input for it to change gears. like using a clutch or some sort of shifter.

6+7 are both mute, being that it is easy to exceed the speed limit w/o a shift kit.
 

SpecialX

New Member
May 1, 2012
137
0
0
Florida
Again, why not just call up the tag office you'll want to go to and ask them...
"I'm building a 'homemade moped', how do I register it?"

Ask them all the questions you have and go from there..

Do NOT say a motorized bicycle, do not say Scooter...
Just say "homemade moped" and find out...

Call tomorrow and then post back what they tell you..

No reason to ask here, if you can get the answers from the local DMV / Tag office.

Once/If you get a moped tag, it's good EVERYWHERE in the USA as all states have reciprocal allowances for registered vehicles.
 
Last edited:

DBB

New Member
Jul 7, 2009
25
0
1
Florida
SpecialX, thanks for your advice.

How about posting a pic of your homemade moped and telling about the parts used and sources?
 

SpecialX

New Member
May 1, 2012
137
0
0
Florida
Sure.. As soon as I get access to a computer.. I don't have one, I use my cell phone to surf the web..

Did you call yet?
 

Sidewinder Jerry

Well-Known Member
Dec 19, 2011
1,317
190
63
58
Rockwood, TN
From what I researched on laws in various states its better to go by written law than word of mouth law. That's why I tell people to look up and read their local laws. The Florida law is pretty plainly stated about manual clutching. Your system must be automatic. Florida law states the operator can't shift gears which would mean no shift kit. However Florida law doesn't say the bike can't shift gears automatically. Therefore you may be able to use a cvt drive. Or a shift kit with a electronic or mechanical auto shifting system on the rear wheel.

I've got a Staton Inc shift kit on my Land Rider auto shift bike. Right now its the only bike in the world that can change gears on the rear wheel by means of the throttle. The engine also drives the gears. You can hear my bike changing gears as I ride down the road. You're doing a good thing by asking questions and research before you build.
 

decoherence

New Member
Aug 23, 2010
476
2
0
sebring,fl
From what I researched on laws in various states its better to go by written law than word of mouth law. That's why I tell people to look up and read their local laws. The Florida law is pretty plainly stated about manual clutching. Your system must be automatic. Florida law states the operator can't shift gears which would mean no shift kit. However Florida law doesn't say the bike can't shift gears automatically. Therefore you may be able to use a cvt drive. Or a shift kit with a electronic or mechanical auto shifting system on the rear wheel.

I've got a Staton Inc shift kit on my Land Rider auto shift bike. Right now its the only bike in the world that can change gears on the rear wheel by means of the throttle. The engine also drives the gears. You can hear my bike changing gears as I ride down the road. You're doing a good thing by asking questions and research before you build.
spoken like a teacher & a gentleman.
 

rustycase

Gutter Rider
May 26, 2011
2,746
0
0
Left coast
Specialx is correct.
The courts have decided there must be uniformity in the law so a citizen may travel freely from one area of the country to another, especially in times of economic need.

Somehow the agencies got away from recognizing we must prosper in order to support them.

Today, it almost seems like they feel we are here to support them.

If you build a bicycle with a motor assist, operate it reasonably, according to safe traffic practices, and go about your business.

If the time comes that you have an encounter with a tax collector, discuss the matter in the traffic court with the administrative clerk who will hear the matter.

AFAIK, no one has been eaten, or even hung. No firing squads or lethal injections, either.

Good luck
rc