More Illegal Gas Motor Bikes
Frank asked: Is a bike with a 49 cc motor considered a motor vehicle? Should I have been violated by police for riding my motorized bike? I was sent to jail for 55 days violating my probation order. Please answer this question as soon as possible. Time is of the essence because I’m considering a lawsuit against Leesburg police for false arrest.
A bicycle with a gas assist motor is a motor vehicle, but it cannot be registered for use on the roads in Florida. It is an unregistered motor vehicle and the operator is violating the law since only registered vehicles or those specifically exempted by the statutes can be legally used on the roads.
The exception would be if the bicycle with a gas assist motor has the necessary equipment to be registered a moped. The operator would then be required to have a driver’s license.
A driver’s license is required to operate any motor vehicle unless it is specifically exempted by the statutes. A gas motor assist bicycle is not one of the exempted motor vehicles.
The only type of motorized bicycle that is legal is one with an electric assist motor that meets the definition of bicycle in the statutes and does not require a title, registration or a driver’s license.
This is discussed in detail in the posts on “motorized bicycles” and in particular this post:
I would like to re-iterate that there is a DMV procedure for registering a bicycle with a gas motor, known as procedure RS-68.
It gives the opportunity (that must be followed) to register such bicycle w/ a gas motor as a moped.
Prior to May 12th 2014 it was a gray area, but no longer, since the DMV procedure has been introduced.
So as of that date, if anyone wants to ride and use a gas powered bicycle on public roads, they must register it (using procedure RS-68) and they must have at least a valid (basic) driver’s license.
On the other side of it, if you add a gas motor to a bicycle and don’t conform to the DMV procedure, you have created an unregistered moped and like Geo said, you still need a DL to ride it, but you can still get a ticket for an unregistered moped.
Moped definition by statute below..
(77) MOPED.—Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels; with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.
A link to RS-68 is in the post to which I referred above.
But bicycle converted into moped but not registered is a non moving violation and a valid dl not required and is not criminal according to RS 68
Motor vehicle definition states term does not include bicycles swamp buggies and mopeds thus making it not a motor vehicle
Please see this post:
Most traffic violations are non-criminal violations. We still have to go to traffic court and can be fined for those violations.