Definition of Bicycle
Question
James asked: What are current bicycle state statutes exempting electric bicycles from licensing in the state of Florida?
Answer
Only motor vehicles require a driver’s license and registration. A bicycle with an electric assist motor is defined as a bicycle in the statutes and is not a motor vehicle. A driver’s license or registration is not required to operate a bicycle.
s. 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.
If the seat is only 25″ at max height , then that excludes many electrical bicycles. Not many available with those parameters. Am I interpreting this right? Also, if the bicycle is equipped with throttle and pedal assist, is the operator mandated to stay in pedal assist mode? These are my two questions regarding s316.003 I am specifically referring to a Pedego Interceptor electric bicycle . Is this bicycle ok to ride without a drivers license ?
Scotty,
The seat height must be greater than 25 inches for it to be a bicycle.
See this post for an extensive discussion of the pedal/motor power speed issue. Make sure you read the information in the included links and the comments.
http://flbikelaw.org/2014/08/bicycle-or-moped/
The FL law requiring ebike height at 25in. has been removed as of July1 2020 and the top speed is now 28mph to still qualify as a bike not requiring a DL. See HB 971 for the three catagories of ebikes
Roxie is correct.
The definition in the post above is no longer correct. This year FBA initiated the successful legislation to remove the 25 inch height from the definition of a bicycle, primarily due to the fact that recumbents have become popular and usually have a seat height of less than that.
The new definitions are as follows.
s. 316.003 – Definitions
(4) Bicycle – Every vehicle propelled solely by human power, 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 a scooter or similar device.
The definition of electric bicycle also makes no mention of seat height.
(22) Electric Bicycle – A bicycle or tricycle equipped with fully operable pedals, a seat or saddle for the use of the rider, and an electric motor of less than 750 watts which meets the requirements of one of the following three classifications:
(a) “Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed of 20 miles per hour.
(b) “Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used exclusively to propel the electric bicycle and that ceases to provide assistance when the electric bicycle reaches the speed of 20 miles per hour.
(c) “Class 3 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed of 28 miles per hour.