Motorized Bicycles
2010 March 23
Question
James asked: Is it legal to ride a bike with a small motor on the roads in Florida?
Answer
Motorized bicycles are bicycles as defined in the statutes, and their operators have the same rights and duties as other bicycle operators.
FS 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 a 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.
17 Responses
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I’ve noticed you left out whether you were asking about a gas or electric motor.
Just notice that the statute states that only ELECTRIC motors are mentioned.
Gas motors on bicycles turn a “bicycle” into a moped.
That would seem to be the case.
I lost my license for multiple DUIs. Most were in another state and most were over 10 years ago. I was told that using an ebike was perfectly leagal in my situtation. I was pulled over after using this for 2.5 years last week. I showed the officer the printed statute I have but he insisted I was commiting a felony and he let me go but said he would foward my name to the state atty office for them to pursue charges. Now I am afraid to ride it and it is my only means to get to work. Someone please help.
Where you riding it with or without the pedals at the time?
With pedals it’s an electric bicycle, without the pedals it’s a scooter.
Does it have a limiter function to stop it from going over 20mph or do you just not ride it faster than that, but it can go over that speed.
Give a little more details..
I know Geo doesn’t give legal advice and you shouldn’t take anyone advice as legal representation, unless thy are a lawyer.
A felony for riding an electric bike? Don’t think so.
What town do you live in?
I also forgot to ask if you were riding on the sidewalk at the time?
If you were, were you pedaling or using the motor? That makes a difference too.
P. S. My ebike is by Veloteq. It is electric, tops out at 20 mph and has pedals.
Did the officer write a citation? If so, what is the violation? If not, what is he going to forward to the state attorney? You will need to be able to verify that your Veloteq is a motorized bicycle, which does not require a driver’s license, and not a moped, which does require a license. We do not give legal advice. I suggest you retain an attorney to represent your interests.
Thanks Frank and GEO. It tops out at 20 mph. It is an electric bike or ebike. It does have the pedals on it I was not pedalling but I was in the bike lane not the sidewalk. I have found proof of the Federal Law and our state statute and with both of those it falls into the electric bike catagory. I think what I am finding is the local deputies are not clear on the fact that these type of bikes are legal to use like a bicycle with no registration, no dl and no insurance. For some reason they want to say everything with a motor has to be licensed. But I am convinced that and ebike is excluded. Looks like it will be my job to fight the good fight and educate the sheriffs department but this will be at the risk of being arrested and going to jail in order to bring this proof in a court of law. That sucks. I live in Fort Myers.
As long as you had the pedals on it when the officer stopped you (and ARE able to pedal with them), there’s not much they can do about it, especially if you were riding in the bicycle lane.
I checked the Fort Myers’ local ordinances and didn’t find anything stating that an electric is anything other than a normal bicycle.
You are not required to use the pedals unless you are on the sidewalk. (note: certain areas of downtown fort myers don’t allow bicycles to be ridden on the sidewalks)
The Federal law that you mentioned has to deal with safety standards for manufacturing and have no bearing on state laws regarding the definitions of vehicles.
I would also suggest that you actually go to the sherriff’s department, and ask for the person in charge of that station and bring the state statutes with you and ask that person, if you could see the law that states that you need a DL to ride an electric bicycle..
That person will not be able to provide this to you, when that happens, show them the state statute that you brought with you and ask them if you could get some from that department to type out something on letterhead stating that your bike is considered a bicycle, and that you do not need a license to operate it and have the department head sign it.
From then on in, the only thing you need to carry with you is that statement.
I did that with my electric bike, and I haven’t had a problem since.
( I still get stopped all the time {my bike looks like a motorcycle} and I pull out that piece of paper and they just usually smile and send me on my way..)
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ARE MOTORIZED BICYCLES LEGAL IN FLORIDA?
Yes! A motorized bicycle is a bicycle.
FS 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 ….
Let’s figure out bicycle laws: I would like to know the real laws pertaining to motors on bicycles. I have one copy of a law that pertains to these motor bicycles, but the police force is not abiding by it. Are there other laws or is it that the law for these motorized, battery and gas-operated bicycles is not clear to anyone? Until they are clear to the owner of these vechicles, or to the police force itself, shw should be subject to an arrest. Somehow we need to get the law on these motorized bicycles explicit so that an owner or a police officer understands and can obey them. My friend was just arrested for this very thing.He has not been the best at obeying laws year’s before,but the last two year’s he has come around and built his life better. We wonder if because of his past he was stopped.He is disapointed and we are teying to find out where to go.lets figure this out for all concerned.
The statutory definition above is quite clear. It sounds like you friend should have his attorney intervene and resolve it for him and you. Please advise us of the results.