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	<title>Comments on: Bicycles Must Use Sidewalk?</title>
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	<link>http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/</link>
	<description>Questions, answers and news about Florida bicycle laws and law enforcement</description>
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		<title>By: Frank</title>
		<link>http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/comment-page-1/#comment-1856</link>
		<dc:creator>Frank</dc:creator>
		<pubDate>Sun, 11 Dec 2011 22:49:58 +0000</pubDate>
		<guid isPermaLink="false">http://flbikelaw.org/?p=325#comment-1856</guid>
		<description>Meant to say, I would suggest NOT putting a gas motor on a bicycle...
But you CAN if you ONLY use it on &quot;private property&quot; and NOT the road, sidewalk, etc.</description>
		<content:encoded><![CDATA[<p>Meant to say, I would suggest NOT putting a gas motor on a bicycle&#8230;<br />
But you CAN if you ONLY use it on &#8220;private property&#8221; and NOT the road, sidewalk, etc.</p>
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		<title>By: Frank</title>
		<link>http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/comment-page-1/#comment-1855</link>
		<dc:creator>Frank</dc:creator>
		<pubDate>Sun, 11 Dec 2011 22:48:23 +0000</pubDate>
		<guid isPermaLink="false">http://flbikelaw.org/?p=325#comment-1855</guid>
		<description>The people at the DMV have not returned any of my emails or calls..

There seems to be a discussion as to the legality of such issues...

There have been a few cases in where someone with a gas motor on their bicycle where given tickets for unregistered, unlicensed, etc. and the case have been dismissed...

When I asked (the DMV) what their &quot;thoughts on the matter&quot; was, I got NO responses..  So I made some more phone calls, and was told to call a supervisor, as to which I&#039;ve left several voice mails over a 2 month period, with no response yet..
(This was a couple of months ago)...

I will TRY again, and let you know ANY updates I can get...  In the meantime, I would suggest putting a (gas) motor on a bicycle, until the entire truth/facts are given to me by the DMV..

According to what the DMV allows (Or really dis-allows) is the registration of a gas powered bicycle as anything, as they say, in order to register it, it would need the required &quot;safety equipment&quot; to be registered.. They even go so far as to say, it is NOT required, NOR can they be legally given a registration..
Now to whatever THAT means, remains to be answered.</description>
		<content:encoded><![CDATA[<p>The people at the DMV have not returned any of my emails or calls..</p>
<p>There seems to be a discussion as to the legality of such issues&#8230;</p>
<p>There have been a few cases in where someone with a gas motor on their bicycle where given tickets for unregistered, unlicensed, etc. and the case have been dismissed&#8230;</p>
<p>When I asked (the DMV) what their &#8220;thoughts on the matter&#8221; was, I got NO responses..  So I made some more phone calls, and was told to call a supervisor, as to which I&#8217;ve left several voice mails over a 2 month period, with no response yet..<br />
(This was a couple of months ago)&#8230;</p>
<p>I will TRY again, and let you know ANY updates I can get&#8230;  In the meantime, I would suggest putting a (gas) motor on a bicycle, until the entire truth/facts are given to me by the DMV..</p>
<p>According to what the DMV allows (Or really dis-allows) is the registration of a gas powered bicycle as anything, as they say, in order to register it, it would need the required &#8220;safety equipment&#8221; to be registered.. They even go so far as to say, it is NOT required, NOR can they be legally given a registration..<br />
Now to whatever THAT means, remains to be answered.</p>
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		<title>By: Geo</title>
		<link>http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/comment-page-1/#comment-1849</link>
		<dc:creator>Geo</dc:creator>
		<pubDate>Sat, 10 Dec 2011 17:21:08 +0000</pubDate>
		<guid isPermaLink="false">http://flbikelaw.org/?p=325#comment-1849</guid>
		<description>Randy,

Please see this post:

http://flbikelaw.org/tag/motorized-bicycles/</description>
		<content:encoded><![CDATA[<p>Randy,</p>
<p>Please see this post:</p>
<p><a href="http://flbikelaw.org/tag/motorized-bicycles/" rel="nofollow">http://flbikelaw.org/tag/motorized-bicycles/</a></p>
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		<title>By: Randy</title>
		<link>http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/comment-page-1/#comment-1848</link>
		<dc:creator>Randy</dc:creator>
		<pubDate>Sat, 10 Dec 2011 15:43:20 +0000</pubDate>
		<guid isPermaLink="false">http://flbikelaw.org/?p=325#comment-1848</guid>
		<description>can you notify of your findings. thank you</description>
		<content:encoded><![CDATA[<p>can you notify of your findings. thank you</p>
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		<title>By: More About Bike Paths and Sidewalks &#124; Florida Bicycle Law</title>
		<link>http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/comment-page-1/#comment-1248</link>
		<dc:creator>More About Bike Paths and Sidewalks &#124; Florida Bicycle Law</dc:creator>
		<pubDate>Mon, 08 Aug 2011 22:58:04 +0000</pubDate>
		<guid isPermaLink="false">http://flbikelaw.org/?p=325#comment-1248</guid>
		<description>[...] Bicycle  Recent CommentsTitia on Inoperative Traffic LightsGeri on Inoperative Traffic LightsGeo on Bicycles Must Use Sidewalk?robert colavito on Bicycles Must Use Sidewalk?Geo on Inoperative Traffic [...]</description>
		<content:encoded><![CDATA[<p>[...] Bicycle  Recent CommentsTitia on Inoperative Traffic LightsGeri on Inoperative Traffic LightsGeo on Bicycles Must Use Sidewalk?robert colavito on Bicycles Must Use Sidewalk?Geo on Inoperative Traffic [...]</p>
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		<title>By: Geo</title>
		<link>http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/comment-page-1/#comment-1245</link>
		<dc:creator>Geo</dc:creator>
		<pubDate>Mon, 25 Jul 2011 14:11:56 +0000</pubDate>
		<guid isPermaLink="false">http://flbikelaw.org/?p=325#comment-1245</guid>
		<description>Bicycles with gas-powered assist motors are not legal on the roads, and only vehicles under human power are allowed on the sidewalk.  Bicycles with electric assist motors are legal on the roadways and do not require a drivers license.  Please see the following post.

http://flbikelaw.org/2011/06/motorized-bicycles-5/</description>
		<content:encoded><![CDATA[<p>Bicycles with gas-powered assist motors are not legal on the roads, and only vehicles under human power are allowed on the sidewalk.  Bicycles with electric assist motors are legal on the roadways and do not require a drivers license.  Please see the following post.</p>
<p><a href="http://flbikelaw.org/2011/06/motorized-bicycles-5/" rel="nofollow">http://flbikelaw.org/2011/06/motorized-bicycles-5/</a></p>
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		<title>By: robert colavito</title>
		<link>http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/comment-page-1/#comment-1244</link>
		<dc:creator>robert colavito</dc:creator>
		<pubDate>Mon, 25 Jul 2011 14:02:42 +0000</pubDate>
		<guid isPermaLink="false">http://flbikelaw.org/?p=325#comment-1244</guid>
		<description>i have a bicycle with a 49cc gas motor on it do i need a driver linces to drive it in florida??? please get back to me a.s.a.p. thank you</description>
		<content:encoded><![CDATA[<p>i have a bicycle with a 49cc gas motor on it do i need a driver linces to drive it in florida??? please get back to me a.s.a.p. thank you</p>
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		<title>By: Frank S.</title>
		<link>http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/comment-page-1/#comment-1024</link>
		<dc:creator>Frank S.</dc:creator>
		<pubDate>Tue, 31 May 2011 20:04:36 +0000</pubDate>
		<guid isPermaLink="false">http://flbikelaw.org/?p=325#comment-1024</guid>
		<description>TH,  

  I am in conversation with a few people at the FL HSMV concerning this in particular...

Currently, the procedural document at the HSMV states that you can NOT (legally) register a bicycle with a gas motor attached, even as a moped. 

I am waiting on a clear answer from them, in reference to bicycles with 49cc or smaller gas engines attached..   So far, one person has stated as long as it is not capable of greater than 20mph, it MAY fall under the same definition as a motorized bicycle that&#039;s referenced in 316.003(2) and would not require a DL..

As I get more information, I (and Geo) will post the specifics on motorized (gas) bicycles.</description>
		<content:encoded><![CDATA[<p>TH,  </p>
<p>  I am in conversation with a few people at the FL HSMV concerning this in particular&#8230;</p>
<p>Currently, the procedural document at the HSMV states that you can NOT (legally) register a bicycle with a gas motor attached, even as a moped. </p>
<p>I am waiting on a clear answer from them, in reference to bicycles with 49cc or smaller gas engines attached..   So far, one person has stated as long as it is not capable of greater than 20mph, it MAY fall under the same definition as a motorized bicycle that&#8217;s referenced in 316.003(2) and would not require a DL..</p>
<p>As I get more information, I (and Geo) will post the specifics on motorized (gas) bicycles.</p>
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	<item>
		<title>By: TH</title>
		<link>http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/comment-page-1/#comment-1023</link>
		<dc:creator>TH</dc:creator>
		<pubDate>Tue, 31 May 2011 18:13:35 +0000</pubDate>
		<guid isPermaLink="false">http://flbikelaw.org/?p=325#comment-1023</guid>
		<description>Kenneth:

A 49cc motor on a bicycle turns the bicycle into either a moped, motorcycle, or motor vehicle.  Any of the three require a license to operate, as the bicycle is no longer a bicycle once the motor is installed.  Here are the definitions in the FL statute to support this answer:

316.003 Definitions.

(2) BICYCLE.—Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.

(21) MOTOR VEHICLE.—Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

(22) MOTORCYCLE.—Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped.

(77) MOPED.—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.

A lot of people are curious about the motorized scooter and electric personal assistive mobility device so I will give those definitions, as well.

(82) MOTORIZED SCOOTER.—Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground.  [a GoPed)

(83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Electric personal assistive mobility devices are not vehicles as defined in this section.  [a Segway]</description>
		<content:encoded><![CDATA[<p>Kenneth:</p>
<p>A 49cc motor on a bicycle turns the bicycle into either a moped, motorcycle, or motor vehicle.  Any of the three require a license to operate, as the bicycle is no longer a bicycle once the motor is installed.  Here are the definitions in the FL statute to support this answer:</p>
<p>316.003 Definitions.</p>
<p>(2) BICYCLE.—Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.</p>
<p>(21) MOTOR VEHICLE.—Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.</p>
<p>(22) MOTORCYCLE.—Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped.</p>
<p>(77) MOPED.—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.</p>
<p>A lot of people are curious about the motorized scooter and electric personal assistive mobility device so I will give those definitions, as well.</p>
<p>(82) MOTORIZED SCOOTER.—Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground.  [a GoPed)</p>
<p>(83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Electric personal assistive mobility devices are not vehicles as defined in this section.  [a Segway]</p>
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		<title>By: Kenneth Hovance</title>
		<link>http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/comment-page-1/#comment-925</link>
		<dc:creator>Kenneth Hovance</dc:creator>
		<pubDate>Tue, 22 Feb 2011 21:59:00 +0000</pubDate>
		<guid isPermaLink="false">http://flbikelaw.org/?p=325#comment-925</guid>
		<description>Is a49cc gas powered motorized bicycle considered a bicycle or a moped and where can i find it in the fl. statues.I was pulled over and taken to jail for driveng my motorized bicycle with a revoked DL.I was riding it on the side of the Rd.by th curb onf following all therules of traffic.I wasnt doing ANYTHING wrong for them to pull me over so i dont see any probable cause for them to do so.I may be wrong but from what i understand its perfectly leagle to ride these things on the side of the road as long as the person does in fact have a valid DL.So that just adds more weight to the probable cause issue because theres absolutely no reason at all for them to have pulled me over.Please Help?</description>
		<content:encoded><![CDATA[<p>Is a49cc gas powered motorized bicycle considered a bicycle or a moped and where can i find it in the fl. statues.I was pulled over and taken to jail for driveng my motorized bicycle with a revoked DL.I was riding it on the side of the Rd.by th curb onf following all therules of traffic.I wasnt doing ANYTHING wrong for them to pull me over so i dont see any probable cause for them to do so.I may be wrong but from what i understand its perfectly leagle to ride these things on the side of the road as long as the person does in fact have a valid DL.So that just adds more weight to the probable cause issue because theres absolutely no reason at all for them to have pulled me over.Please Help?</p>
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