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

[Trey]

Having lived in the Phoenix area since I was ~8 (~45 years) this state is infamous for snubbing Fed law and giving people more freedoms from guns to open containers driving and so many other things it makes your head spin and in this case that is a real plus.

I don't know why this is bothering me so much. I finally had to stop working and come post this.
What I have to say can only be said one way, and I surely don't mean to offend. I feel strongly about it and am absolutely sure that I am correct on the matter (and that doesn't happen often).
You sir, are mistaken. Black and white, no room for discussion on this matter. Guns have NO PLACE in a conversation about motor bicycles. Not in your state- not in mine. You are wrong.
You are also an adult, and what some guy says to you on a computer may not mean much at all, but for the last time, I ask you to please, not do this.
Again, I applaud your efforts as a Citizen, and only wish more people would do the work that Democracy takes to survive. My hat is off to you for your efforts!

 

[biknut]

I don't see anything wrong with mentioning guns. Everyone has guns in Texas. It's legal for anyone to carry a gun while riding a motor bicycle, as long as it's concealed.

"Oh you want to jack my bike, here I've got 5 dollars for each of you."

The potential for anyone you meet to be packing is the reason why our crime rate is so low.

 

[Trey]

biknut- I live in Montana, and people are real polite for the same reasons. I agree with you except that the two things are separate animals. With the way the lawyers are running things, I'm very leery of opening any doors for them to use to their benefit in the future... motor bicycles are one subject- guns are a separate subject. Beurocrats are proven liars. Any time spent examining how they have done this (uncountable times) in the past will prove my point. No one has to agree with me, but be forewarned... on this I am correct.

 

[KCvale]

Well I just used guns as an example the same as many others our State Legislature does to be Mavericks, can you believe there is one state Senator that is still trying to get a state law passed that says the state doesn't have to abide by ANY fed laws because Obama is not really our President until he proves he was born in Hawaii?

Then there is our totally wacko Governor and don't forget Sheriff Joe that is now facing a recall election even though his 150th term (seems like) re-election was just last year.

I just figure as dyslexic as our state government is I might get something in but it may be a moot point, so far HR 2177 looks like it will just die in committee this year anyway.

Well, so be it, I'll just start again even earlier next year and try to get someone on my side this time and I have good candidate just elected last year that looks like he would be on my site and vice-chairman of the Transportation committee ;-}

Best of luck to you guys in Florida and Texas for that matter, anywhere really where State laws effect your freedom to get around on a motorized bicycle, but the bottom line remains the same, if you are passionate about making a change take it on yourself and don't give up is all I can say.
Maybe it will work, maybe not, maybe you'll make it worse but in the end you will know first hand how government works and maybe feel a little pride in yourself, no matter how this goes here in AZ I already feel proud for trying.

 

[Yankphan]

Here's the culprit !!
Shame. Up for sale.

http://motorbicycling.com/attachment.php?attachmentid=57210&stc=1&d=1362348538

 

[Yankphan]

Few more pics

http://motorbicycling.com/attachment.php?attachmentid=57211&stc=1&d=1362348923


http://motorbicycling.com/attachment.php?attachmentid=57213&stc=1&d=1362349112

 

[Trey]

KCvale- ever feel like you just GOTTA say something? Thanks for hearing me out man. You are doing the right thing becoming involved! They answer to YOU

Yankphan- That is a bummer right there. Hopefully you'll get a fair price.

 

[buba]

buba here

i did not read the whole thread so forgive me if this is out of line or has been mentioned

on our los angeles ride today one fellow mike had a great erlectric and gas powered bike he engineered

the gas engine can be used and does function as and therefore explained to a police officer as the charging system for the electric batteries of the hub motor and therefore an electric bike????!!!!

what do you think????

 

[KCvale]

KCvale- ever feel like you just GOTTA say something?

All the time, so much so its amazing I don't have athletes mouth ;-}

Buba...
If the gas motor was just connected to a generator I'd think it was an electric but if its connected to the wheel that gets dicey, he could claim he only uses electric on the road and gas off-road but what did the cop say about that the other riders with gas bikes?

 

[maurtis]

Total bummer about your situation, but you are right, looks like only lower powered ebikes are legal in FL. Which strikes me as odd since Bumble Bee Bolt-On is based in FL?

I would email them and see what they have to say for themselves: Bumble Bee Bolt-On Contact

Good luck!

 

[UVsaturated]

There is a loophole in this as it states in Florida law that it does not apply to vehicles with seats under 24". This means those electric vehicles for kids, like the Barbi Corvette and such, but you can circumvent the law by using this.

Start building gas trikes in Florida, and keep the seat under 24" and you will be fine.

 

[Yankphan]

Ok so I sold my stretch cruiser ...I contacted a company here in Florida who sells motorized bicycles and kits... They swear they are legal and forwarded this to me... Please help me understand this if you have the time to read this... I believe it talks about motorized scooters and bicycles.... Check it out and let me know what you think... If it is in fact legal... I will build another..

http://myfloridalegal.com/ago.nsf/Opinions/93A0D0CF91CA14B185256BF1004C65E0

 

[BigBlue]

Well,

First of all, it is quite dated. Section 316.2068 has been updated and doesn't mention motorized scooters, as of March 26, 2010. This section of Florida law deals with Electric personal assistive mobility devices. http://www.leg.state.fl.us/statutes...68&URL=0300-0399/0316/Sections/0316.2068.html

Might want to forward section 316.2128 - Operation of motorized scooters and miniature motorcycles; requirements for sales: http://www.leg.state.fl.us/statutes...er&URL=0300-0399/0316/Sections/0316.2128.html

Per the above section, the seller is in clear violation of Florida law.

Good Luck,

Chris
AKA: BigBlue

 

[UVsaturated]

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'm not the original poster. I know the laws in my state. I just don't have the time to look up everyone else's state laws.

Glad you are hopefully changing AZ laws. Not everyone is cut out to understand the legal process at the statehouse.

What I would like to see is a national sanctioning body for motorized bikes with a registry, that way it would eliminate the need for government to try to do it for us. Private industry can do anything cheaper and quicker than government.

 

[pikeman1]

Here's the culprit !!
Shame. Up for sale.

http://motorbicycling.com/attachment.php?attachmentid=57210&stc=1&d=1362348538

I put these bikes together, and I have one myself. I live in Montana, and they don't seem to have a problem with it here. What everyone seems to be missing, is it was already decided in the supreme court that federal law triumphs State law, in regards to Medical marijuana, no less. Federal law states that a bicycle with a 49 cc motor or less is not considered a motor vehicle, therefore does not need to be licensed or registered. Also, it is human powered, because you have to pedal it to start it, so it basically has the same rights as a bicycle, even to the point of having the right to ride on a non motorized bike path. It is classified as an assisted vehicle, just like a motorized wheelchair, or E bike. So, states like Florida, or Arizona actually don't have the right to ban them, the Federal government has already classified them as a non-motorized vehicle, having the same traffic rights as a regular pedal bicycle. They are NOT a motorized vehicle according to Federal statures.
Most of us actually have a 66 cc motor. Mums the word. Stand up to the state of Florida on this issue, Yankhpan, you have the right to ride your motor assisted bicycle according to Federal stautes.

 

[biknut]

I put these bikes together, and I have one myself. I live in Montana, and they don't seem to have a problem with it here. What everyone seems to be missing, is it was already decided in the supreme court that federal law triumphs State law, in regards to Medical marijuana, no less. Federal law states that a bicycle with a 49 cc motor or less is not considered a motor vehicle, therefore does not need to be licensed or registered. Also, it is human powered, because you have to pedal it to start it, so it basically has the same rights as a bicycle, even to the point of having the right to ride on a non motorized bike path. It is classified as an assisted vehicle, just like a motorized wheelchair, or E bike. So, states like Florida, or Arizona actually don't have the right to ban them, the Federal government has already classified them as a non-motorized vehicle, having the same traffic rights as a regular pedal bicycle. They are NOT a motorized vehicle according to Federal statures.
Most of us actually have a 66 cc motor. Mums the word. Stand up to the state of Florida on this issue, Yankhpan, you have the right to ride your motor assisted bicycle according to Federal stautes.

Sorry but this is not true. I wish it was. If you can find anywhere where it says that please post it, and prove me wrong. I'm not going to hold my breath though.

 

[happyvalley]

Sorry but this is not true. I wish it was. If you can find anywhere where it says that please post it, and prove me wrong. I'm not going to hold my breath though.

Yup, you are correct.

 

[biknut]

Yup, you are correct.

Yeah, but I'm not happy about it.

 

[pikeman1]

It is unfortunately true that E bikes are legal in Florida, but the gas ones don't seem to be.http://www.flhsmv.gov/courts/latestinfo/ScootersSegwaysMopedsandElectricBicycles.pdf

 

[biknut]

It is unfortunately true that E bikes are legal in Florida, but the gas ones don't seem to be.http://www.flhsmv.gov/courts/latestinfo/ScootersSegwaysMopedsandElectricBicycles.pdf

I contend that a china girl style motor bicycle will be considered legal in Florida if a case would ever be allowed to go to trial.

Florida statutes state that all motor vehicles are considered self propelled. If you use the defense in court that your motor bicycle isn't considered a motor vehicle because it's not in fact self propelled, that will be a winner in court.

So far all the people we know of in Florida that challanged a no license, or no registration ticket using this defense had their ticket dismissed without reason given.