Motorized Bicycles 2
Question
Jerry asked: I’m trying to find out about Florida law on bicycles with a gas power-assist engine prior to buying one.
a. Do the rules vary by county? I’ve heard that is ok, simply follow the rules of the road, have a headlight and tail light, and be over 16 years of age. No insurance or registering is required.
b. I’ve seen two bicycles for sale, one with a 48cc engine, and the other with a 66cc engine. Would both engines be ok to ride on the street?
c. Can you kindly refer me to a website link that further explains or reviews this?
Answer
This site is intended to discuss bicycling and the related laws. The vehicle you describe does not fit the legal definition of “bicycle”, since a motorized-bicycle is powered by an electric helper motor.
There should be no difference in the requirements in different counties. The traffic laws are uniform throughout the state and counties or municipalities cannot impose ordinances that conflict. When in doubt, ask your local Sheriff’s Office or police department.
Your dealer should be able to provide any other information needed to insure you fully meet all state and local requirements.
The following may be of assistance. Your vehicle with the smaller engine appears to meet the definition of “moped”, discussed in this article.
http://flbikelaw.org/2010/01/mopeds/
Additionally, this is the statutory definition of a “motorcycle”.
FS 316.003 – Definitions
(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.
It would appear that both of the vehicles you describe would require a license tag and drivers’ license. A motorized-bicycle does not.
A gas powered bicycle, can not be Registered or Titled in the State of Florida.
If you go to the DMV, they will not allow you to register it, since you need a VIN. (Bicycles do not have VINs, They have serial numbers)
Technically speaking, If you add a GAS engine on a bicycle, you turn it into a MOPED (49cc or less) or a Motorcycle (50cc+)
Since it does not have a VIN (add to that, you dont have the safety equipment required), you can’t register either at the HSMV, and therefore since you can not ride a “MOTOR” vehicle on a the roads in Florida without it being registered, titled, etc, it’s technically not allowed to be ridden on the road.
Since, you can’t ride it on the road, and you can’t ride a vehicle under motor power on the sidewalk either, you can’t use it anywhere.
Even with my Electric Bicycle, i’m not allowed to ride it on the sidewalk, UNLES I’m pedalling.
If needed, I’m sure GEO can point you to the pertinent Florida Statutes.
In Daytona Beach, a Moped is considered a bicycle.
Whether or not they would accept a bicycle with a gas engine AS a moped is unclear.
As to which, you would have to call that town’s officers and find out.
Other than Daytona Beach, there is no other county or municipality that allows people with suspended licenses to use a moped, however, once you leave that town, you’re then NOT allowed.
(FYI you can use municode.com to look up just about every county and town’s laws.
A local authority cannot override a state statute. A drivers’ license is required to operate a moped in Florida.
Although a moped is not a motor vehicle in traffic law, for the purpose of Chapter 322 – Driver’s Licenses, a moped is a motor vehicle, and a driver’s license is required.
FS 322.01 Definitions – As used in this chapter:
(27) “Motor vehicle” means any self-propelled vehicle …. excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003
FS 322.03 – Drivers Must be Licensed; Penalties
(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle …. unless such person has a valid driver’s license ….
Given that a municipality gets to determine what the definition of a vehicle is when pertaining to travel on it’s own roads and since Daytona considers a moped a bicycle by definition for it’s own purposes, and since a bicycle is not a “motor” vehicle, doesn’t that allow the operation of a moped without a Driver’s License in Daytona specifically?
That makes sense to me.
I was under the impression that every town can make up it’s own laws when it comes to travel on their highways..
Now the question then becomes, what is the definition of a “highway”..
According to the uniform traffic control statutes..
[quote]
(53) STREET OR HIGHWAY.–
(b) The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006(2)(b) or [b](3)(b), a county or municipality exercises traffic control jurisdiction over said way or place[/b]
[/quote]
Yes?
Hi All!
I am still looking into this.
Francis, if I may ask, what county are you in?
By the way you explain it, it doesnt look good. So technically speaking, a motorized bike is a moped. So if you put headlight and tail light (safety equiptment), it STILL wouldnt be allowed?
“If it walks like a duck, and quacks like a duck, its a duck!” —>Jerry F.S 01.01
(just kidding)
Thank you all for your responses, and I look forward to any additional thoughts.
I’m in west palm beach..
As Geo says, you’re best bet is to go to your local sherriff’s dept. and ask them.
Only electric powered bicycles that are only capable of achieving 20mph max, are considered bicycles.
Any gas powered vehicle is not, andas Geo likes to say, “is beyond the scope of this site”
Hi,
(I’m not sure what website i’m supposed to put into “website”, so I put this one.)
I’m still looking into this, but so far it looks promising.
I should have more details by late next week.
Thanks
Any word as to what you’re looking into?
Hi All,
Yes Francis, I did get the news. Great News! Here it is:
very simply put, you CAN register a motorized bicycle in Florida;
as GEO said, it falls under the Moped category.
I welcome your thoughts, comments.
Procedural PDF from the Florida DMV
http://www3.flhsmv.gov/DMV/Proc/TL/TL-10.PDF
the exerpt pertinent to this conversation is this…
Quote:
3. Scenario: A company is advertising on TV a gas engine kit that can be added to a bicycle. The engine is tied into the pedal system like a Moped and it has to be pedaled to start the engine. It is advertised that the bicycle will be propelled to 30MPH.
Q. How is the tax collector supposed to register this bicycle/gas engine assembly?
A. The definition of bicycle under s. 316.003(2), F.S., includes motorized bicycles. Bicycles are not registered or titled. Engine kits for bicycles are not new and there are a variety of kits available, however, they remain bicycles after the engine kit is installed. There are other requirements that must be met to be classified as a motorcycle/scooter/moped such as frame assembly and safety features. If a customer brings in paperwork for a bicycle, they cannot be legally issued a title or registration nor is it required. The agent should also direct the customer to law enforcement if there are any questions as to where the motorized bicycle can be used.
Mopeds have VINs. Bicycles do not. That’s the main distinction.
Since by Definition a Gas bicycle is a Moped and you can’t register it as such, you aren’t really allowed to ride an unregistered vehicle in the State of Florida.
If you do, you will get cited for riding an unregistered vehicle.
it’s a catch 22…
You can’t register it as a Moped, but by definition it is one.
Then you have the conflict between The DL issues and State Codes… One says a Moped is a motor Vehicle, the other says it’s not.
Just because someone manufactures something does not mean the DMV must register it and that the statutes permit its use on the roadways. Here’s an example:
http://focusdesigns.com/
The burden is on the manufacturer to design something that is legal and meets the statutory requirements if the intent is that it to be used on the roads.
Uugggh. Im dazed and confused.
From my initial research, everything made sense.
Maybe it would go the the local/city level, such as (from what i’ve researched online) —>
For instance, its to my understanding that Daytona Beach Fl. ALLOWS motorized bicycles to ride on its City Roads.
this was from Frank on this website: —>
Daytona (beach) is also one of those “lucky” municipalities that also state that one can have a gas motor (under 50cc) added to it and keep it legally a bicycle.
What to do, what to do.
Thank you for your responses.
I looked at DB’s local ordinances and could find nothing to confirm that. They do address licensing, but it is not a drivers’ license or a license tag. It is a requirement to register a bicycle housed in the city. Also, local ordinances cannot conflict with state law; in this case, the definition of bicycle or moped. Different definitions of types of vehicles are not permitted, and the laws apply uniformly to all roadways.
Geo, that’s like saying Federal Law can’t dictate what State laws say…
Here is what the Florida Statute I showed before….
According to the uniform traffic control statutes..
FS 316.006 (et.al.)
[quote]
(53) STREET OR HIGHWAY.–
(b) The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006(2)(b) OR A COUNTY OR MUNICIPALITY EXERCISES TRAFFIC CONTROL JURISDICTION OVER SAID WAY OR PLACE
[/quote]
Correct me if I’m wrong, but that sounds like to me that a town CAN control anything they want in their town. Yes? No?
Daytona is the ONLY city, I’ve found that describes a Bicycle with a Gas Motor added to it as still a bicycle.
That means only in Daytona is a gas powered BICYCLE, still considered a Bicycle.
That does NOT include Mopeds, which are a different class of Vehicles.
They are a different class of vehicles because of many saftey requirements and factors, including (bot not limited to) Directionals, Horn, Front lights*, Rear lights*, Tires*, etc, etc.
* = FLDOT approved.
It boils down to this…. As a manufacturer of Mopeds, you are required to follow DOT guidelines for safety requirements for Mopeds.
Same as a manufacturer of Bicycles, you need to follow certain guidelines for Bicycles (electric or not – i.e. HR 727)
sigh…
I thought this idea would be really cool. It still is, but it may be a headache down the road. In other states, gas powered bicycles are legal.
GEO, Francis, you guys seem well informed. Are you in law enforcement?
I’m still looking into this, but I guess I might buy a 250cc on/off road motorcycle instead.
Thanks again, and safe bicycling.
No, I am definitely NOT law enforcement NOR Lawyer.
The end all of end all is this….
In the town you live in, call the local authorities… (Mayor of town, State police, Sheriff’s Dept, local Town officers) and tell them, what you would like to build/buy and ask if it’s allowed on the local, county or state roads.
That’s your best bet when in doubt, ASK! (AND get documentation, preferably signed, by someone in the law enforcemnt circles)
Here is the City of Daytona Code ordinance.
http://www.municode.com/resources/ga…id=10234&sid=9
CODE OF ORDINANCES
City of
DAYTONA BEACH, FLORIDA
Codified through
Ord. No. 07-184, adopted May 16, 2007.
(Supplement No. 23)
This publication is up to date as indicated by the banner above. No additional ordinances have been submitted for interim display via our NOW service (New Ordinances On the Web). For more information about this service, please visit: Municode.com | Publishing
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)
As you can see from that law, it concerns Traffic and Motor Vehicles, and considers (for it’s OWN purposes) a gas powered bicycle AS a bicycle.
I have spoken with the local law enforcement about this MONTHS ago, and they told me, that gas powered bicycles are allowed to ride on the roads without Regis, Tag or license.
As I have not seen a change in the local laws since then, I would believe that, that is still in effect.
I would ask the police about the FL statutory requirement for the operator of a motor vehicle to have a drivers’ license. The following seems to apply:
For the purpose of Chapter 322 – Driver’s Licenses, the operator of a motor vehicle must have a driver’s license.
FS 322.01 Definitions – As used in this chapter:
(27) “Motor vehicle” means any self-propelled vehicle …. excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003 (Electric assist motor).
FS 322.03 – Drivers Must be Licensed; Penalties
(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle …. unless such person has a valid driver’s license ….
Again, I say, if Daytona considers a gas powered bicycle that can’t go faster than 20 mph, a “bicycle”, then by THEIR definition it is NOT a “motor vehicle”, and therefore does not require a license.
If you want to use a gas powered bicycle in Daytona without a DL, call them up and ask them..
I’ve done that twice in the past 4 years, and so far, the answer has been, yes you may.
Unless they’ve changed it in the past month, I believe it’s still the same.
Hi All
—> Frank – F/U on last post
I did the same for my location, and the person I spoke to gave me a “reluctant” yes.
He tried to convince me not to buy a gas motorized bicycle, he said that its slow, and would be a problem in traffic, for car avoidance/safety reasons.
So I didn’t feel “warm and cozy” with his overall response.
How did you come up with this line of reasoning? Would not a gas motorized bicycle still be a bicycle if it is under 2 horsepower
48cc and not capable of more than 20mph.
I know statute says electric helper but why do they include 2 brake horsepower as electric would be measured in watts would it not… Are electric motors also measured in horsepower?
Thanks! Jim
It is the statutes that define a motorized bicycle or a moped. HP can be either gas or electric motor, or of course horse, among others. One HP equals 746 watts and, I assume, the output of one horse. This site is for laws about bicycling and doesn’t get into that.
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 ….
(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 system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.
I think Jim is trying to figure out the difference between the descriptions between moped and bicycle when it comes to gas.
The reason they put the info about “if a gas combustion engine is used”, is that, if your ELECTRIC bicycle can do MORE than 20 mph AND LESS then 30 THEN an electric Bicycle IS considered a MOPED for the purposes of the Moped Description, hence you would need a Driver’s License to ride an ELECTRIC bicycle that capable of doing more than 20mph and less then 30 mph
You will notice in the statue shown by Geo, that there is no mention of HP on the BICYCLE description, only that the bicycle can’t be capable of doing more than 20mph.
Short version is…
Bicycle = regular bicycle or an electric this is only CAPABLE of doing 20mph MAX.
Moped = Regular Moped or Electric bicycle capable of doing more than 20mph, less than 30 OR Gas bicycle of less than 50cc and only capable of doing max 30mph.
(There seems to be some confusion as to whether you can even ride a gas powered bicycle on the roads, because a gas bicycle does not have the specifications needed to ride on the road. i.e. DOT APPROVED… TIRES, LIGHTS, DIRECTIONALS, BRAKE LIGHTS, etc, etc,- as far as I know, there are no DOT approved bicycle tires even available on the market, which would preclude you from using said bicycle on the roads) As usual, you would need to ask your local law enforcement about it, and get a copy of their answer to carry with you, in case you need it.
Hi All,
Long time no post.
Although this issue should be black, and white, I still see it as “grey”.
the way I interpret what i’ve read, or was told:
electric < 20 mph, no license
gas < 30mph, license
Contacting local authorities makes the most sense, and carrying the answer with you when riding makes perfect sense as well.
You have it exactly correct…