Rideing motorized bike in Daytona Florida

sisdavid

New Member
Mar 31, 2008
257
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Daytona Beach
Here is the City of Daytona Code ordinance.

http://www.municode.com/resources/gateway.asp?pid=10234&sid=9

CODE OF ORDINANCES
City of
DAYTONA BEACH, FLORIDA

Codified through
Ord. No. 07-184, adopted May 16, 2007.
(Supplement No. 23)


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Chapter 94 TRAFFIC AND MOTOR VEHICLES*

ARTICLE I. IN GENERAL

Sec. 94-1. Definitions.
The definitions in this section will be used in addition to those enumerated in section 1-2. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bicycle means any device propelled by human power or any moped propelled by pedal-activated helper motor not to exceed 1 1/2 bhp (break horse-power) upon which any person may ride, having two tandem wheels, either of which is 20 inches or more in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.
Vehicle means any device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks or bicycles or mopeds.
(Code 1970, § 45-4)

Cross references: Definitions generally, § 1-2.
Sec. 94-253. Operation on sidewalks.
(a) No bicycle shall be operated upon any public sidewalk in a business district as defined in F.S. § 316.003.
(b) Bicycles may be operated upon any public sidewalk in a residential district as defined in F.S. § 316.003. Any bicycle operated on a public sidewalk within a residential district shall be operated in a prudent manner, and no bicycle shall travel abreast or parallel to another bicycle on the sidewalk. Pedestrians upon the sidewalk and vehicles upon the sidewalks which are intersecting with the sidewalk while traveling upon rights-of-way, alleys, or driveways shall have the primary right-of-way upon the sidewalks, and bicycles shall yield the right-of-way to the pedestrians and vehicles.
(Code 1970, § 11-11)
Cross references: Streets, sidewalks and other public places, ch. 86.


State law

Number: AGO 77-84

Subject: Uniform Traffic Control Act, municipalities
J. T. Frankenberger
City Attorney




On consideration of the foregoing it is clear that the Legislature intended, by its comprehensive action in enacting Ch. 76-286, Laws of Florida, classifying motor-propelled bicycles or 'mopeds' as bicycles and determining how they were to be regulated on a uniform state-wide basis, to require that moped operators or riders be treated as bicycle operators or riders uniformly throughout the state and in all the municipalities therein. The Legislature by enactment of Ch. 316, as amended aforesaid, and by making it unlawful to enact, and prohibiting the enactment or enforcement of, any traffic ordinances in conflict therewith has effectively preempted the regulation of bicycle/mopeds to the state. Furthermore, because moped operators had, prior to such action, been required to wear the same protective devices as other motorcycle riders according to the Department of Highway Safety and Motor Vehicles, the reclassifying of mopeds as bicycles clearly demonstrates that the Legislature intended that moped riders be relieved of the requirements of wearing such protective devices throughout the state.

The Legislature defines a moped as a bicycle in s. 316.003, F. S., and changed the definition of 'bicycle,' 'motorcycle,' and 'motor-driven cycles' and excludes motor-propelled bicycles or 'mopeds' from the definition of 'motor vehicle,' 'motor-driver cycles,' and 'vehicle' by Ch. 76-286, Laws of Florida, as reference to the title thereof clearly discloses, and provides regulations for such motor-propelled bicycles or 'mopeds' in s. 316.111, F. S. In the latter section the Legislature provided special regulations in subsections (14) and (15) applicable only to the operation of
bicycle/mopeds. More

On consideration of the foregoing it is clear that the Legislature intended, by its comprehensive action in enacting Ch. 76-286, Laws of Florida, classifying motor-propelled bicycles or 'mopeds' as bicycles and determining how they were to be regulated on a uniform state-wide basis, to require that moped operators or riders be treated as bicycle operators or riders uniformly throughout the state and in all the
municipalities therein.
Debra
Floyd
Daytona Beach Police

Under 21 need license maybe??????

Disclaimer
Please be advised David Sisung is in no way, shape or form responsible for any damages, injuries, mishaps accidents or death caused by the use or operation of these motorized bikes.
 

fitwthme

New Member
Jun 19, 2008
1
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0
I live in Miami and from what I read I am assuming the Chek Republic moped 49 cc or less with peddals would NOT require a Fl. drivers license? My license is revoked due to felony drug conviction for two years. I have been told so much misinformation I am hoping someone could clear up the laws of Fl. What is the fastest and best legal moped / bicycle you can buy pre built that does NOT require a Fl driver's license? Please help. Stranded in Miami
 

SANGESF

New Member
Feb 23, 2009
641
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Lake Worth
I live in Miami and from what I read I am assuming the Chek Republic moped 49 cc or less with peddals would NOT require a Fl. drivers license? My license is revoked due to felony drug conviction for two years. I have been told so much misinformation I am hoping someone could clear up the laws of Fl. What is the fastest and best legal moped / bicycle you can buy pre built that does NOT require a Fl driver's license? Please help. Stranded in Miami

any time you add gas to a bicycle, you need a DL.

What was quoted was from 1977.... Over 30 years ago.

FS 316.111 no longer exists...

The description of a bicycle with an under 50cc gas motor is now the definition of a Moped. And hence, since you need a DL to ride a Moped, you need one for a gas bicycle too.
 
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SANGESF

New Member
Feb 23, 2009
641
0
0
Lake Worth
Whats the rule for an E-bike. If they define moped by cc you might be able to ride an Ebike.

If you have an electric bike, you pretty much have carte blanche. I have 2 electric rides...

1.) Chopper cruiser... Does MAX 19 mph and looks cool. It's the one i ride the most.

2.) Aluminum Frame reg bike. Does 25mph gos for 30 miles. (If I need to get somewhere fast, this is the one I use.

The PoPo would NEVER care if you're riding electric.
It makes NO noise, nor would they ever point a Radar Gun at you (Unless you were OBVIOUSLY doing like 35 or more and acting like an ass.

Law for electric bike states as long is it doesn't go over 20mph it's still a bicycle, but like I said, no cop would ever care, unless you were doing something stupid.

Frank.
 

deacon

minor bike philosopher
Jan 15, 2008
8,117
5
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north carolina
I think that is about the same everywhere. No noise to alert them that you are coming, no smoke and for some reason they just plain look harmless. the hub motor with a hidden battery doesn't even look like a power bike anyway.