Bicycle Citations

Question

Israel asked: Is a bicycle a motor vehicle? Can a Florida citizen receive a motor vehicle citation for riding a bicycle?

Answer

A bicycle is not a motor vehicle, even if equipped with an electric assist motor.

s. 316.003 – Definitions

(21) Motor Vehicle – …. a self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy, or moped.

(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.

A person propelling a bicycle can violate numerous statutes, just as can a driver of a motor vehicle.

A violation of s. 316.2065, Bicycle Regulations, at this link, has limited penalties.

http://www.flsenate.gov/Laws/Statutes/2012/316.2065

See this post for Bicycle Regulations penalties:

http://flbikelaw.org/2013/07/penalties-for-bike-citations/

A cyclist can also violate other statutes, such as running a red light or improper lane change, which are moving violations and penalized the same as the driver of a motor vehicle.

Posted in Ask Geo, Misc Tagged with: ,
4 comments on “Bicycle Citations
  1. Dean Hayes says:

    As for any of the other moving violations, they are not penalized the same as a driver of a motor vehicle. The fines may apply but:

    Points are not assigned to the driver license of a person who committed a violation while driving a bicycle.

    Referemce: http://www.flsenate.gov/Laws/Statutes/2012/322.27 subsection 3:

    (i) This subsection does not apply to persons operating a nonmotorized vehicle for which a driver license is not required.

  2. Emily Reeves says:

    Can a bicyclist be responsible for damage to a car when the cyclist ran a red light at an intersection and damage the automobile.

    • Vey says:

      “Can a bicyclist be responsible for damage to a car when the cyclist ran a red light at an intersection and damage the automobile.”

      Yes. And so can a pedestrian, but this is civil liability law and outside the scope of this site. For more info, please contact an auto insurance company or an attorney.

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