Dana asked:  As more bicycles and riders enter our roadways and ride in traffic with motor vehicles, I am concerned that certain bike riders that I encounter seem to display a righteous indignance about the “3 foot law” when they are being overtaken by a car, but the same riders do not seem to think this law applies when traffic comes to a halt at traffic signal or intersection. I’ll describe a certain aggravating situation I have dubbed: “leap-frogging.”

For example: Two or more bike riders are riding abreast in the right lane of traffic on a multilane roadway in heavy traffic. Cars behind the bikes are unable to change lanes and safely pass because of the speed differential of traffic created by the impediment of slow-moving bikes in the right lane, versus the rapidly moving cars in the left lane. When an opening in traffic allows a car following the bikes to change lanes and safely pass the group of bikes in the left lane, all is well again until traffic reaches the next intersection or signal.

At the intersection, the cars stop and maintain their positions in line, while the group of cyclists break their lane-controlling two-abreast formation to overtake the stopped vehicles by narrowly passing between the cars to set themselves up at the head of the line of traffic waiting for the signal to change. They have now successfully, but illegally, leap-frogged the vehicle(s) that had safely and patiently overtaken them prior.

In other posts on your site, you have encouraged cyclists to get the license plate number of motor vehicles that have violated the 3 foot law, and to report that information to law enforcement (presumably so that the offender might receive a citation, and/or fine). However, in the leap-frogging situation, it is nearly impossible to identify the violating cyclist(s), because they do not display any identification or registration. Cyclists operate with nearly complete anonymity, and because of this, some cyclists extend this notion to being able to operate their vehicles on the roadway with impunity because they cannot be readily identified or reported to law enforcement for any alleged violations of the uniform traffic laws. Even if they are caught in the illegal act by law enforcement, and receive a citation, they do not suffer the same consequences as a motorist cited with a moving violation, that carries with it the consequences of “points” and/or increased insurance costs, etc.

My Question Is: How can laws be equally enforced against motorists and bicyclists when this unequal identification loophole for bikes exists, and where cyclists have no real fear of being identified by other vehicles, thus avoiding possible citation or punishment?

In my opinion, if cyclists have all of the rights and duties applicable to other drivers (i.e. pursuant to s. 316.2065 Fla. Stat.), then they should be burdened with the same duty to display a registration, as do other low-speed vehicles (See by analogy: s. 316.2122 Fla. Stat., which applies to low-speed motor vehicles). Allowing this double-standard under the law to endure, and the illegal behavior that it promotes with the leap-frogging members of the cycling population, will only serve to continue to increase the friction between the motoring and cycling communities, because of actual and perceived inequities.

I would encourage you to consider that the issue raised in my question falls squarely within one of your quoted maxims on your site:  ”Creating a safer and more hospitable environment for cycling requires law enforcement equity.”

Answer

Some of your comments have been cut for the sake of brevity.  I don’t believe they affect the main theme of your question.

Another name for this is queue-jumping, a common occurrence.  Under some circumstances, it may be unlawful.

s. 316.083 – Overtaking and Passing a Vehicle

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction …. shall pass to the left thereof at a safe distance.

s. 316.089 – Driving on Roadways Laned for Traffic - Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:

(1) A vehicle shall be driven as nearly as practicable entirely within a single lane

However, the “three foot “ law does not apply to bicyclists overtaking motor vehicles, only to other drivers (Including bicyclists) overtaking bicycles.

s. 316.083 continues:

The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

Cyclists overtaking and passing on the right is not unlawful under certain circumstances, such as when the lane is wide enough to allow two lines of traffic.  That is not defined any further, indicating the problems with some of the statutes.

s. 316.084 – When Overtaking on the Right is Permitted

(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction.

Cyclists may use a paved shoulder.  Drivers of motor vehicles may not.

Let’s assume this is a substandard-width lane with a curb and no paved shoulder.

Whether the cyclists are riding two abreast or single file in a substandard-width lane is inconsequential.  Motorists must change lanes to pass.  See Substandard-Width Lanes.

I certainly agree that this behavior is rude and unsafe.  It also is illogical.  Even if t is done within the laws, these cyclists have just passed and ticked off the drivers who will again be trying to pass them when the light changes.  Instead of using the normal traffic patterns of ebb and flow to their advantage by waiting until the traffic abates or waiting in line behind other drivers, they are endangering themselves and irritating the people who will be trying to pass them.

Obtaining information and reporting unlawful actions is encouraged for both cyclists and motorists.  Unfortunately, in many instances, cyclists claim their reports to law enforcement about non-criminal traffic violations are met with “Since we didn’t observe it, we can’t take action”.  Even recording a plate number does not help in many cases.  Having a license plate on a bicycle could be the same.

We encourage officers to cite violations by cyclists.  If all law enforcement would take violations of the laws about bicycling seriously and accurately cite all cyclists and motorists for infractions, we could make a big change to the roadway environment and greatly reduce the conflict, crashes, deaths and injuries.

The deaths and injuries of cyclists are frequently the result of their own illegal actions.

Continued reporting of violations can make law enforcement and other government officials aware of a chronic problem, which will eventually get attention and the locations that present problems can be identified.  Reporting violations is recommended for all roadway users.  Cycling groups usually ride the same routes on the same days.  Have you called the police when these incidents occur?

As you said, our purpose is “Creating a safer and more hospitable environment for cycling requires law enforcement equity.”  We do that by making information about the laws available for everyone to use for education and enforcement.

You are proposing a change to the laws, which may result from better education about the problems with the laws as they are written, but that is not the mission of this site.  We can only help educate users of this site about existing laws.

Licensing of bicyclists has been discussed for many years.  The Florida Bicycle Association has a legislative agenda to propose changes to the laws.  I will separately forward your suggestion to them for their consideration.  I will ask them to address it directly with you.

Each of the questions is repeated here.

Question

James asked:  Is it legal to ride a bike with a small motor on the roads in Florida?

Answer

Motorized bicycles powered by an electric assist motor are bicycles as defined in the statutes, and lacking a statute to the contrary their operators have the same rights and duties as other vehicle operators.

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 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. 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.

A person must be age 16 or older to operate or ride upon a motorized bicycle.

(2) No person under the age of 16 may operate or ride upon a motorized bicycle.

For gas powered bicycles, see below.

Question

Frank asked:  I tried looking up the fine for riding an electric bicycle (under electric power) on a sidewalk.  Can you tell me what that may be?

Answer

The applicable statute is:

s. 316.1995 – Driving upon Sidewalk or Bicycle Path

No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

The penalty would be:

s. 318.18 – Amount of Penalties

(3)(a) Except as otherwise provided in this section, $60 for all moving violations not requiring a mandatory appearance.

There could be additional court costs that could be $100 or more.  You should check with your local law enforcement agency for more information.

Question

Roxanne asked:  I was pulled over today for riding my electric bicycle on the street.  What are the laws about this?  I was told I must to use the sidewalk and follow the pedestrian rules regarding intersections and traffic lights.  The officer also implied that I needed bicycle insurance.

Answer

See above about operating a vehicle by power on a sidewalk.  If you are operating your bicycle on the sidewalk under human power, you have the rights and duties of a pedestrian, and must yield to pedestrians.

Lacking a statute to the contrary, you are entitled to use the roadway just as is any other vehicle.

A driver’s license is not required since a bicycle is not a motor vehicle.

s. 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

s. 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  ….

Registration of your vehicle is not required for the state, nor is it a motor vehicle, so there is no requirement for state licenses.  Local authorities may require registration.  See this link.

http://flbikelaw.org/2010/02/bicycle-licenses/

Insurance is not required.  In the state of Florida, every person driving a motor vehicle registered with the state must carry the state’s minimum coverage.

s. 324.021 - Definitions; Minimum Insurance Required

(1) Motor Vehicle – Every self-propelled vehicle which is designed and required to be licensed …. but not including any bicycle or moped.

s. 324.022 - Financial Responsibility for Property Damage

(1) Every owner or operator of a motor vehicle required to be registered in this state shall establish and maintain the ability to respond in damages for liability on account of accidents arising out of the use of the motor vehicle in the amount of $10,000 because of damage to, or destruction of, property of others in any one crash.

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

The vehicle you describe does not fit the legal definition of “bicycle”, since a “motorized bicycle” has an electric helper motor.

A bicycle with a gas assist motor is not legal on the roadway or the sidewalk.  It is not a bicycle, a moped, nor a motorcycle.  See this post for additional information about mopeds.

Additional information can be found at this DHSMV link.  Below is a question and answer from that site.

http://www3.flhsmv.gov/DMV/Proc/TL/TL-10.PDF

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.  How is the tax collector supposed to register this bicycle/gas engine assembly?

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.

One of our readers pursued this question further with the DHSMV and received this letter.  He/she asked that the name not be published.

There should be no difference in the state requirements in different counties.  The traffic laws are uniform throughout the state,  but counties or municipalities may impose local ordinances that do not conflict with state laws.  When in doubt, ask your local Sheriff’s Office or police department.

Question

Melanie asked:  I have done some research and have discovered that an electric scooter is classified as a bicycle if: It can be powered manually (by pedaling) as well as have a power assist electric motor not to exceed 750 watts, a 25″ seat at its highest extension and will not exceed 20mph. A drivers’ license is not required to operate a “bicycle” as defined by Florida law.

Can an “electric assist motor scooter” be operated without a drivers’ license as well? Please do not refer me to the Florida statutes, I have gone over and over them and cannot come up with a clear conclusion of the law regarding this issue.

Answer

If your vehicle is as described, it appears to meet the definition of “bicycle” in the statutes.  If so, a driver’s license is not required.  If it is not a “bicycle” and is a motor scooter, a driver’s license is required.

There is no statutory definition of an “electric scooter”, “electric assist motor scooter” or “motor scooter”, but the DHSMV seems to place a motor scooter in the same category as the motorized scooter as defined below.

“Motorized scooter” seems to apply to the toy scooters without a seat, which are not bicycles and are not legal on the roads or sidewalks lacking a local ordinance to the contrary.

s. 316.003 – Definitions

(82) Motorized Scooter – Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground.

s. 316.2128 – Operation of Motorized Scooters and Miniature Motorcycles; Requirements for Sales

(1) A person who engages in the business of, serves in the capacity of, or acts as a commercial seller of motorized scooters or miniature motorcycles in this state must prominently display at his or her place of business a notice that such vehicles are not legal to operate on public roads, may not be registered as motor vehicles, and may not be operated on sidewalks unless authorized by an ordinance enacted pursuant to s. 316.008(7) or s. 316.212(8).

If your vehicle is described as a “motor scooter” there may be additional requirements, and may be legal to operate on the roads.  In order to determine those requirements, you must ascertain the specifications as stated by the manufacturer.  The DHSMV link in the question above may be helpful.  One paragraph from that site is quoted.

“If a MCO (Manufacturer’s Certificate of Origin) states the vehicle is a “motor scooter”, use the definition of “motorcycle” in section 320.01(27) or “moped” in section 320.01(28), Florida Statutes, to determine if the vehicle should be titled and registered as a motorcycle or registered as a moped. The MCO must show the cc’s of the motor for a motorcycle or the brake horsepower (bhp) for a moped.”

You should contact your dealer or the manufacturer to determine the exact specifications and contact your local law enforcement office with this information to determine the applicable laws.

The following is a statement by the DHSMV at this site,

http://www.flhsmv.gov/fhp/html/fhpfaqsa.html

regarding motor scooters, based on a Legal Opinion by the Attorney General, extracts of which are included.  It refers to gas powered motor scooters, but does not address those with an electric motor.  It also seems to contradict the material above regarding the definition excluding a seat.

Motor Scooters- Are they legal in Florida?

It is unlawful to operate a motor scooter as defined in Florida statute 316.003(82), on any roadway in Florida, unless the operator has a valid diver license. By a ruling of the Attorney General (AGO 2002-47) these vehicles are not subject to the equipment and safe driving requirements of a motor vehicle contained in chapter 316. However, if such vehicles are operated on the roads of Florida, the operator must possess a valid driver license per chapter 322.03.

Attorney Generals Office Legal Opinion 2002-47

Are motorized scooters subject to the equipment and safe driving requirements of a motor vehicle or the provisions relating to mopeds or “electric personal assistive mobility devices” prescribed in Chapter 316, Florida Statutes?

As of July 1, 2002, motorized scooters are excluded from the definition of “motor vehicle” for purposes of Chapter 316, Florida Statutes, and therefore are not subject to the equipment and safe driving requirements of a motor vehicle contained in that chapter, nor are the provisions relating to mopeds or “electric personal assistive mobility devices” prescribed in C hapter 316, Florida Statutes, applicable to motorized scooters.

In Attorney General Opinion 93-45, this office concluded that a motorized scooter powered by a gasoline engine with a maximum speed of 20 miles per hour may be characterized as a “motor vehicle” pursuant to section 316.003(21), Florida Statutes 1993, and that the drivers and operators of these scooters were subject to the provisions of Chapter 316, Florida Statutes, governing vehicles and vehicular traffic. At that time, section 316.003(21) defined “motor vehicle” as “[a]ny self-propelled vehicle not operated upon rails or guideway, but not including any bicycle or moped.”[1]

You have advised this office that the Department of Highway Safety and Motor Vehicles has stated that motorized scooters, are subject to the regulations regarding equipment and safe driving requirements of a motor vehicle as mandated by Chapter 316, Florida Statutes. [2] In addition, the department, relying on the opinion of the Second District Court of Appeal in State v. Riley,[3] has concluded that a motorized scooter driver is required to have a driver’s license.[4]

During the 2002 legislative session, however, the Legislature amended the definition of “motor vehicle,” effective July 1, 2002. Section 67 of Chapter 02-20, Laws of Florida, amends section 316.003(21) to define “motor vehicle” as “[a]ny self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.”

Section 67 of Chapter 02-20, supra, also adds subsections (82) (definition of motorized scooter above) to section 316.003, Florida Statutes, which respectively define “motorized scooter”.

Thus, effective July 1, 2002, motorized scooters as defined by section 316.003(82), Florida Statutes, as amended, are expressly excluded from the definition of “motor vehicles” for purposes of Chapter 316, Florida Statutes. Accordingly, the provisions of that chapter that prescribe various equipment and safe driving requirements of motor vehicles are no longer applicable to “motorized scooters.”

Moreover, the provisions relating to the operation of mopeds would not be applicable to “motorized scooters” since such scooters, which have no seat or saddle for a rider’s use, do not fall within the definition of “mopeds” contained in section 316.003(77), Florida Statutes. Thus, such provisions as sections 316.208 and 316.2085, Florida Statutes, which set forth the responsibilities of persons operating a motorcycle or moped, or section 316.211, Florida Statutes, which prescribes the equipment for motorcycle and moped riders, are inapplicable to motorized scooters.[5] Similarly, the requirement of section 316.2068, Florida Statutes, as created by section 68, Chapter 02-20, Laws of Florida, imposing certain regulations on electric personal assistive mobility devices, apply only to such devices as defined in section 316.003(83), Florida Statutes, as amended. I would note, however, that the definition of “motor vehicle” contained in section 322.01(26), Florida Statutes, for purposes of that chapter relating to driver’s licenses, has not been amended and still defines “motor vehicle” as “any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003.”[6]

In light of the above, the Legislature may wish to readdress these issues and clarify its intent regarding the operation of motorized scooters in this state.

Accordingly, I am of the opinion that as of July 1, 2002, motorized scooters are excluded from the definition of “motor vehicle” for purposes of Chapter 316, Florida Statutes, and therefore are not subject to the equipment and safe driving requirements of a motor vehicle contained in that chapter, nor are the provisions relating to mopeds or “electric personal assistive mobility devices” prescribed in Chapter 316, Florida Statutes, applicable to motorized scooters.

Sincerely,

Robert A. Butterworth

Attorney General

Connor asked: How old do you have to be to register a bike?

Answer

There is no state statute that requires or permits registration of a bicycle.  There may be a local requirement for such registration, such as a city or a school, and you should check with those agencies for the requirements and conditions.

Jayne asked:  I was always under the impression that registering a bicycle was to help you find it if stolen (serial number would be on this registration), but not a requirement to ride one.  I was told recently that it was the law by a police officer in Daytona Beach that every bike has to be registered.  Children ride bikes and parents should know this rule if it is in fact a law.

Answer

There is no Florida statutory requirement to register or license bicycles.

It is not practical to try to display all the local ordinances at this site, and our intent is to discuss Florida bicycle laws.  As is possible, we will try to answer questions about local ordinances.

The City of Daytona Beach does have such a requirement.

City of Daytona Beach, Florida, Code of Ordinances

Sec. 94-281 – Required

No person shall operate or ride a bicycle upon the streets, sidewalks, alleys, or rights-of-way within the city without first obtaining a license as provided in this division.

Sec. 94-286 – Exceptions

This division shall not apply to bicycles currently licensed and/or registered in another city or state or to any bicycle operated in the city if the travel originates outside the city.

There are other sections in Chapter 94 of the code that describe the details of application, identification numbers and stickers required.

The details may be found at Daytona Codes.