Gas Bikes on the Right of Way
Question
David asked: In Florida, If I cannot ride an gas powered bike on the road or side walk could I ride it on the side of the road or inside the white line?
Answer
No. See this post:
http://flbikelaw.org/2015/01/gas-bike-on-the-right-of-way-2/
I followed the series of links regarding the use of a gas powered motor on a bike. One of the links referenced a DMV guideline RS-68 which permits a rider to register such a vehicle as a moped. I’m surprised to see such a response from the inertia-filled department.
Most of the document references a gas engine, but there is some ambiguous phrasing involved. “If equipped with a gasoline engine” would imply that an electric motor would also qualify. Because people often use engine and motor interchangeably, having the word motor in the document creates this ambiguity.
How would one determine if an electric moped can be registered?
I’ve found an answer by re-reading RS-68. Regardless of the wording of the owner affidavit, the document specifies gas engine only. That leaves faster electric bikes in a grey area, not allowing higher speeds, nor the benefits of a registered powered vehicle such as a moped.
In other words what Dwight is saying (see below) is that RS-68 is for a gas bicycle to be registered as moped and for an electric bicycle that would conform to the definition of a moped, you would have to use RS-61, so that there is no gray area.
DHSMV’s procedure for moped tags is in RS-61 (RS-68 applies only to a bicycle on which a gas engine has been installed). Nothing in the definition of “Moped” in the Motor Vehicle Licenses chapter (ch. 320) or in RS-68 excludes use of an electric motor on a moped. “Moped” is defined (s. 320.01(27)) as:
‘“Moped” means 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 [emphasis added], the displacement may not exceed 50 cubic centimeters.’
There is a lot more about mopeds at this link:
http://flbikelaw.org/2011/06/mopeds-3/
It also says on a Highway. Which if i’m not mistaken is a road 45 MPH or higher. So a 35 MPH street should be fine.
There is no reference to speed in the definition of highway. A 35 mph street falls under the Florida Statute for highway. Highway is often confused with Interstate Highway, a limited access roadway with much more severe limitations than surface streets.
s. 316.003 – Definitions
(53) Street or Highway
(a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic