Florida Laws

dougsr.874

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Can anyone answer this question? If you look at the Fl. Statues. Title XXlll chapter 316.003, then look at paragraph 82, it does not mention Motorized bicycles, HOWEVER, if you look at Flhsmv, (Fl Division of highway safety and motor vechiles)then look at the same statue it has an extra line in paragraph 82, that basically says you need no license and the motorized bikes cant be registered...I think that this is the same law but how can a Dept. have a law that is not in Fl. Statues....Of course I hope the Flhsmv is correct....
 
Oops----so Sorry I Brought It Up--forget It

Forgive my ignorance,,,but after reading all of the previous posts the question is still there.
 
Give us some links...
As to what your reading into?

Paragraph 82 talks about scooters..
We don't have scooters...

What's the other flhsmv link you're talking about.

If you have a scooter looking vehicle (e.g. No pedals), with a gas engine on it, just forget about riding it without a license..

If you have a bicycle with a gas motor on it, THEN you hit the "gray area".
 
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There are also a few news articles about a couple of judges in some counties that basically ruled that gas bikes are not mopeds, nor motor vehicles..
So it is still a grey area
 
I sent an email to the DMV...
Showed them the Paula Paxton case conclusion..
(No Information/case closed/Paula not riding a motor vehicle)

Their head lawyer emails me back with this...

Our interpretation remains the same.* What you attach is not a judicial opinion.* It is a* "No Information" filed by the state attorney's office.* It also does not appear to reference a gas motor, just a "helper" motor.* 322.01(27)F.S. only exempts a motorized bicycle from the definition of motor vehicle if it is equipped with an electric helper motor.
*
Judson M. Chapman
Sr. Asst. Gen. Counsel
Fl. DHSMV
850-617-3101
617-5112 fax
 
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More info on Florida Law

I also have the Paula Paxton case in front of me and the lawyer is right about it not saying its a gas motor. However, I also have Case # 11-2291CTMA, defendant is a Donald Burgis, Its also a NO INO filing from the same States Attorney, and this order plainly states the the defendant was driving a moped that was 49cc. A valid Florida Drivers license is not required to operate this type of transportation.


My only reason to write my original post was that if you Google, Flhsmv.gov. then in their search box type in 316.003, then scroll to para 82, there is an extra line talking about Motorized Bicycles.., not needing a license or registration..but it does not define a motorized bicycle.
 
Can you show us/me a copy of that..
That would help tremendously, as I will send that to the DMV too..

They are getting really PIS$ED off at me asking so many questions..
LOL
You should see the message just sent to me....

Sir,
*
With all due respect please understand my current position is strictly education, safety training, and oversight of the Florida Rider Training Program. I have one person that provides me with legal opinions along with a multitude of law enforcement officers that affirm it. I am sorry but this is the clarification I have received each and every time I have made the inquiry for you and a few others has always been the same. It would seem to me that it might be a possibility that if one person sees it differently from the masses, the one might be in need of clarification. *
You are more than welcomed to pursue this to the AG’s Office however I am not able to do that for you.
*
Kip Bickford,*

My favorite part is underlined...
He's asking law enforcement to affirm a law....

NOT their job!
(That's the legislature's job!)

P.S. Here was my response to his email...

Mr. Bickford,

** I understand your role in this situation, however...
**I have tried to contact the AG's office and they told me, that I would need the FLHSMV to ask the question(s).*

It seems as if a lay-person asks the AG's office for clarification of law, it is not allowed. *(Actually I was told that Florida LAW, does*NOT allow/permit me to ask.- Why? I have NO idea.)
** It has to come from the HMSV or a law enforcement agency - I have tried the law enforcement agency route, and they FLAT OUT REFUSE to help.*

** So, maybe you can ask Mr. Chapman (being legal counsel for the FLHSMV) or any other FLHSMV employee to ask for an opinion from the AG's office for me/us...

Thank you for your time.

** It should not be this difficult for me to get one agency out of many to ask a such a relatively simple question to the AG's office.*

Question(s) simply put...

What is the legality of adding a gas powered "helper motor" (of 49cc or less displacement) that only propels a bicycle up to 20mph. *
(The rider can pedal faster than 20mph as this leads to the definition of "helper motor" since it only "helps" the rider propel the bicycle up to 20mph and NOT past that speed.)

Since small gas "helper motors" are not "self-propelled" how can adding them to a bicycle turn it into a "motor vehicle"?*

The above questions are what I would like asked of the AG's office.*

P.S. The main reason for my "persistence" is that I have been given the "run-around" for many months (actually over a year now) by just about every office/agency that I ask to get clarification from the AG's office.*

For those curious...

Here is the state law about asking the AG questions...

Section 16.01(3), Florida Statutes, does not authorize the Attorney General to render opinions to private individuals or entities.
(Ain't that a b1tch?)
 
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