Motorized Bicycles: Transport and Compensation?
Stu asked: Does the Definition of a “Motor Vehicle” require it to be involved in “Transportation”?
MOTOR VEHICLE LICENSES
320.01 Definitions, general. As used in the Florida Statutes, except as otherwise provided, the term:
(1) “Motor vehicle” means:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power,
What does “transport persons or property” mean? Do you transport persons or property on a motorized bicycle? f yes, your motorized bicycle is a “Motor Vehicle” and the Statute requires registration for it and licensing for you. This is very clear.
But what if your motorized bicycle does not transport persons or property?
Does it need to be registered? If you say yes, why? What does transport mean?
An example: Abstract: —Any motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. —Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle. —Any person who is in actual physical control of a motor vehicle upon the highway, or who is …
When you operate your motorized bicycle are you compensated?
Under the Statutes does a motorized bicycle qualify as a “Motor Vehicle” ?
If a motorized bicycle is not considered to be a “Motor Vehicle” how does RS68 apply? RS-68 assumes that a motorized bicycle is being used to transport for compensation.
I can find no definition of “transport” in the applicable statutes. Hence, we need to use the common usage definition.
Webster’s Unabridged Dictionary
Transport – To carry, move or convey from one place to another.
The operator of a bicycle or motorized bicycle is being transported from one place to another whether by human or motor power.
Your quote above confuses a number of other definitions from s. 316 and s. 320.
s. 316.003 – Definitions. (For the purpose of traffic law)
(3) Bus – Any motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
(10) Driver – Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle.
s.320.01 – Definitions (For the purpose of vehicle registration)
(15)(a) “For-hire vehicle” means any motor vehicle, when used for transporting persons or goods for compensation; let or rented to another for consideration ….
Your concern about compensation is related to the definition above of “bus” in 316 and “for hire vehicle” in 320 and has no applicability to motorized bicycles.
I can find nothing in RS – 68 that refers to compensation related to bicycles, motorized bicycles or mopeds.
A motorized bicycle is not a motor vehicle if it meets the statutory definition of “bicycle”. Legally, it is 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 ….
In your 320 definition above, you left out the part of the 320 definition of motor vehicle the excludes bicycles from the definition:
…. but the term does not include …. bicycles …..
A bicycle equipped with a gas motor does not meet the statutory definition of “bicycle”. It is a motor vehicle and cannot be registered unless it meets the definition of moped. Otherwise, it is an unregistered motor vehicle, not a bicycle.