KymcoForum.com
General => General Discussion => Topic started by: aokark on November 18, 2010, 02:07:56 AM
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Everytime I talk to the DMV of Florida I get more and more confused
How are the State or Country laws for you? What about parking?
Here are some answers I've got from DMV of Florida
Motor Scooters are not defined in the Florida Statutes refering to titling and registering of vehicles. However, if they fit the definition of a motorcycle defined in the Florida Statutes they must be titled and registered if they are operated or driven upon the roads of Florida.
Florida Statutes defines "Motorcycle" - Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped. Title and Registration is required and can be operated on the roadways of Florida.
Florida Statutes defines "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 hoursepower 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 combutions engine is used, the displacement may not exceed 50 cubic centimeters. Registration is required, no title is required and the vehicle can be operated on the roadways of Florida.
Florida Statutes defines "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. This type scooter cannot be titled or registered in State of Florida and cannot be operated on the roadways or sidewalks.
Full-time students are allowed to drive on a European driver license, assuming it is otherwise valid and not expired. You may drive mopeds or scooters whose engine is less than 50 cc's in size. Anything larger, such as a scooter or motorcycle which has an engine over 50 cc's in size would require a motorcycle endorsement on whatever license you have.
So from my understanding, I can ride a <50CC scooter on my European License (I'm a full time student) but I need to title and register it as a motorcycle to operate it on the road, right?
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My reading of that is that you need to register it as a moped, don't need a title, and can drive it on your European license.
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See this is where I get confused...
"It says the definition of a moped is any vehicle with pedals to permit propulsion by human power."
So that would leave scooters out right?
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It is hard to tell for sure from the actual statutory language there, but I'm wondering if the moped definition means it has to have pedals, or means has pedals or has the engine below 2 hp. etc.
I'd give the scooter dealer a call and ask since they will know for sure.
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I found this for Florida:
What are the driver licensing requirements for mopeds, scooters and other two or three wheel motor vehicles?
If 50 cc or less, these vehicles are not motorcycles by driver license law definition, S. 322.01(25), F.S., so a motorcycle endorsement is not required per S. 322.03(4), F.S.; however, to operate them on streets and roadways, you must be at least 16 years old and hold at least a regular operator (Class E) or “Motorcycle Only†driver license. (Reason: Even though these vehicles are 50 cc or less, they still fall under the driver license law definition of “Motor Vehicle†and a driver license is required to operate a “motor vehicle.â€) SS.322.03(1), 322.01(26) and 322.05(1), F.S.
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Yea you're right, the dealer will probably know. Thank you... Oh and what you found is just for the license but thank you for finding that too, it's good to know :)
Found some answers on Scootdawg from users
"Florida requires a valid DL, and issues a motorcycle plate with annual yellow registration stickers similar in content to the pink one shown in the above pic. You must have a helmet and/or insurance. I had to supply the title to the DMV certifying that the scooter was 50cc or less. And they looked up the brand (Rocketa at the time) to see if it could be registered in the state."
"FL - Driver's License, regular plate, no insurance although technically you must wear a helmet or purchase partial insurance."
http://scootdawg.proboards.com/index.cgi?board=discussion&action=display&thread=14277 (http://scootdawg.proboards.com/index.cgi?board=discussion&action=display&thread=14277)
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Yes, it is for the licensing part - but note that it is saying that 50 cc are not considered motorcycles so you couldn't really register it as a motorcycle then.
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Just modified my post :)
Yea it's a little confusing, at least for me... But I guess I'll go with what others have done :)
Thanks for your help though!!
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Still confusing really!
It's not a motorcycle really because you don't need the M endorsement to ride it - but you do need a motorcycle plate!
This is why I like Maryland - no plate, no registration, just a valid DL. Nice and easy.
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I *think* what they mean is that if it's <50CC it IS a motorcycle but you don't NEED motorcycle license unless it's bigger but you still need to register it as one.
but yes it's a very shady confusing law! lol
Yea Maryland would be nice! haha
Oh I have another tricky for you... If it is a motorcycle now, that means it's not a moped, and it's not a 'motorized scooter' (the kind you stand on with no seat)... Would that mean that as long as the engine is <50CC, the speed limit is whatever the road sign is? It does not say under the motorcycle law that a motorcycle <50CC must be restricted to 30mph.
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Yeah, confusing indeed.
I suspect there is a speed restriction - which is why a <50cc does not require the motorcycle license.
I know a number of states require scooters to have a plate - which is why some people have received parking tickets.
Glad they don't here - I always complain about the number of photo radar units in use where I live - so it's nice not having a plate (although I swear that I always obey the speed limit and certainly did not derestrict my scooter).
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In Virgina if you go over that 30 or 35mph (I think the city is 5mph different than the state) and get stopped you are considered to be operating a motorcycle and would be subject to the motorcycle laws. So I imagine you could receive a ticket for not having it registered and not having insurance as well. And the violation goes on your Driver's License record which would probably increase your car insurance premiums as well. And they can and do impound scooters here. And where I live we also have Local Moped Laws which require registering a scooter less than 50cc with the City and putting a license plate on it. And you have to wear a helmet AND eye protection. So if you have a helmet without a face shield you must wear goggles. The ticket for no helmet is $50 AND the ticket for no eye protection is $50.
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There sure is a wide variety of laws out there!
It gets confusing - and I think the DMV even gets confused; you can get different answers depending on who you talk to.
I don't know how much the 30mph maximum is enforced though - unless you're driving in an unsafe manner and draw attention to yourself.
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Oh Certainly, oswaldters, the lawmakers here seem to write the laws so that they CAN come down hard on you IF they want to!
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You just have to hope that you don't run into that one officer that's not in a good mood at the time.
Usually they just ignore me as I scoot around which is just fine with me. If I do get stopped, then having a good attitude with them goes a long way.
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haha yea in Sweden (where I come from) the law is so different to Florida
A scooter is the same as a moped unless you register it as a 'EU-Moped'.
A moped is restricted to a maximum of 1kw or 1.36HP speed limit is 30 kph or 18.6 mph. If you are 15 before october 1st 2009 you don't need anything to drive one. if you are 15 after 2009 you need to register it.
A EU-Moped is 45kph or 28mph with a maximum of 4kw or 5.44HP and you need a moped license, registration and plate and 15.
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I imagine the weather will be quite a change as well!
You'll be able to ride year round.
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Yea I'm excited! Although I was actually riding during the winter in Sweden too lol
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Well now that's hardcore for sure.
I ride all winter, but winter in Maryland is nothing like your homeland.
And you'll get much more daylight to enjoy as well.
Which school in Florida?
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Miami Dade College... I wanted to start on my bachelor at Florida International University but they did not accept my Swedish degree and it only counts as a high school degree.
Right now I have to start from scratch! lol
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Well good luck with your school work. That sucks that they won't accept your previous work - I'm surprised about that.
I did my Masters at University of Florida in Gainesville so I was further north.
You're definitely in for a nice and warm winter.
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Thanks! Yea I have been biking a lot and the weather is nice :). Sometimes it's too hot to bike though and 15+ miles in 100F makes you all sweaty and it's not very nice coming to class all smelly! lol
Looking forward to my first scooter ride!
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I moved to Florida from Canada - so I had that wonderful experience of biking to class in extremely hot and humid weather and being totally soaked in sweat.
By the second summer I didn't even break a sweat riding in. You do get used to it!
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Haha nice!
During summer I sweat even in the shade!
Biking here does not seem too friendly though, wish they would have more bicycle lanes or sidewalks to bike on. I'm too scared to bike on the roads with this crazy traffic around :-P
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Americans have no respect for bicyclists.
Having said that, they have no respect of scooterists either.
It does take time, but like I said, you will adjust. I used to play tennis during the afternoon, flag football/softball/ultimate Frisbee in the evening, and then go for a run at night. That conditions you real quick!
Miss those days of having that much free time.
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Yea I'm sure, I love doing those things. I'll take your advice and see where it leads me! hehe but yea I heard that cars have no respect for motorcyclists or scooters or bikers here so I'm gonna be extra careful :)
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You're gonna love it, aokark!