Party Bike

Question

Derrick asked: Are party bikes legal in the state of Florida including in Gainesville, FL?

Answer

I’m not sure what you mean by a party bike, but the operators of human powered vehicles have the same rights and duties as other drivers, the most basic of which is the right to use the roadways.

s. 316.2065 – Bicycle Regulations

(1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle ….

Please see this post:

http://flbikelaw.org/2009/11/what-is-a-bicycle/

I don’t know what you have in mind, but be aware that the Florida (But apparently not Amsterdam) open container and DUI laws apply to all vehicles, including human powered vehicles.

s. 316.1936Possession of Open Containers of Alcoholic Beverages in Vehicles Prohibited; Penalties

(2)(a) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state.

Note the above applies to all vehicles.  Interestingly, it seems to be lawful with regard to this statute to have an open container in/on a parked or stopped party bike, since it is not a motor vehicle.

(b) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while seated in or on a motor vehicle that is parked or stopped within a road as defined in this section.

Other laws, ordinances or regulations may apply, but are beyond the scope of this site.

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