Florida Driver License Requirements for Mopeds and Motorized Bicycles
Rusty May 10, 2022 ArticleFlorida Driver License Requirements for Mopeds and Motorized Bicycles
In the practice of criminal defense in Florida, there are certain myths that an attorney routinely encounters in his or her dealings with clients and the general public. One common example concerns the requirement of a driver’s license for the operation of so-called mopeds or motorized bicycles on Florida public highways. The myth is typically expressed as follows:
“Even if my driving privileges have been suspended or revoked, I can legally drive a moped or motorized bicycle on a public street or highway in Florida because neither is considered a “motor vehicle” for purposes of the Florida driver’s license statute.”
The following article discusses the Florida statutes and case decisions governing the operation of mopeds and motorized bicycles without a valid driver’s license. Contrary to the beliefs of many, these types of vehicles almost always require a valid driver’s license to be lawfully operated on a Florida public street or highway.
Background: The Requirement of a Driver’s License for a “Motor Vehicle”
The statutory provisions governing driver’s licenses in Florida are contained in Chapter 322. Under Section 322.03, “a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license…” Under 322.34, a person who drives a motor vehicle upon a highway while his or her driver’s license has been canceled, suspended, or revoked, commits either a moving violation or a criminal traffic offense, depending on whether the person knew of their suspended or revoked status.
What is a “Motor Vehicle” for Purposes of Chapter 322, Florida Statutes?
The definition of “motor vehicle” for offenses committed under Chapter 322 is contained in Section 322.01(27), Florida Statutes. It provides as follows:
“[A]ny 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 [Section] 316.003.”
Although the statute refers to Section 316.003 as the definition of “motorized bicycle,” in actuality Section 316.003 merely defines the term “bicycle” and contains within that definition a description of “motorized bicycle.” However, Florida courts have universally interpreted this description as the operative definition of “motorized bicycle” for purposes of the licensing requirements of Chapter 322. Section 316.003(2) provides as follows:
“[E]very 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… having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.”
Thus, unless the vehicle in question is propelled by a combination of human power and an electric helper motor, and unless that vehicle travels at speeds not in excess of twenty miles per hour on level ground, the vehicle does not qualify as a “motorized bicycle.” If the vehicle does not qualify as a motorized bicycle within the meaning of the statute, then it requires a valid Florida driver’s license, even it resembles what would commonly be thought of as a motorized bicycle.
Florida Case Law: “Mopeds”
Florida courts have specifically addressed the requirement of driver’s license in the context of a so-called “moped” operated on public highway. In State v. Meister, 849 So. 2d 1127 (Fla. 4th DCA 2003), the defendant was charged under Section 322.34 for driving on a suspended license while operating a moped. The moped in question had a displacement of less than 50 cc, did not exceed two horsepower, and had pedals to permit propulsion by human power so as to supplement the gasoline engine. The defendant moved to dismiss the charges, arguing that the “moped” was not a motor vehicle for purposes of Section 316.003(21), Florida Statutes.
On appeal, the Florida Fourth District Court of Appeal held that a moped was a “motor vehicle” for purposes of charges brought under Chapter 322. Using the definition of motor vehicle contained in Section 322.01(27), the court concluded that a moped was a self-propelled vehicle and was in no way excluded from the definition of motor vehicle for purposes of the Florida driver’s license statute. Thus, regardless of how the term moped was defined for purposes of Chapter 316 (pertaining to traffic control), the operative definition for driver’s license requirements was that contained in Section 322.01. The Court furthermore rejected the argument that the differing definition of “motor vehicle” in Chapter 316 rendered Section 322.34 unconstitutionally vague or ambiguous.
Like the Fourth District decision Meister, other Florida courts have rejected the argument that a gasoline moped is excluded from the definition of “Motor Vehicle” so as not to require a driver’s license. See Wood v. State, 717 So. 2d 617 (Fla. 1st …
A new car is quite exciting, but the shopping isn’t always fun. If you want to take the mystery out of getting a new car, it’s important to do all the research you can. Start by going over the various things this article is about to discuss, so you’re able to do all you can to make this experience enjoyable.
You will be wasting your money if you refrain from negotiating the price of the car. Never pay the sticker price of a vehicle. They are purposely inflated in order to allow room to dicker with the customer, and you should take advantage of this fact.
You should apply for a car loan before going to a dealership. Much of the delay that arises during car shopping results from the credit checks and financing hassles that take place. If you already have a loan when you walk through the door, you will have a much faster transaction.
Make sure your financing is in order prior to shopping for a car. Go to your bank or to your credit union. Doing so will cause you to get a much better rate of interest.
Know what type of vehicle you are looking for before stepping foot into a dealership. You should look it up on the Internet and be more educated about what you want. You will also be able to find a car you can afford and not be swayed by a salesman.
Get recommendations from family and friends with regard to their vehicles. Looking back on their experiences, do they feel they did the right thing? Do they regret their purchase? What have they heard about other models? If you are interested in purchasing a new vehicle, this article will give you some great advice.
If you don’t know how to deal with sales pitches that are high pressure, get a companion to shop with you. A friend can be brought along to help you figure out the worth of the car and ask questions that are important. Also, talk to the person you bring about the amount of money you wish to spend.
Rent a car in order to test it out. If you really desire to get a good feel for your potential vehicle, an extended rental is the way to go. Take a trip with your loved ones, and spend some time operating the vehicle. This is a great way to get comfortable with a car before making the huge commitment of a purchase.
Shop at month’s end. Most dealerships try to get to that specific quota for the number of vehicles they’ve sold. If you’re shopping near month’s end, you may find some fantastic deals. If the dealer has to make his or her numbers, you might be able to sneak out of there with a superb deal.
Buying a new vehicle can be quite the daunting experience for many. However, by spending some time planning in advance and learning, you can actually have fun buying a car. The above article is an excellent resource for beginning this process.…
Lemon Law Arbitration
State lemon laws will vary by state and will cover used, leased, and new cars used for non commercial purposes. The attempts at repair must have taken place within the period of the warranty. In some cases, the vehicle owner may have problems receiving compensation or a replacement of equal value. This will require the owner filing a motor vehicle lemon law dispute. When a dispute is filed, there will be a legal process called Lemon Law Arbitration.
After completing the specified number of repairs, you must send a letter and documentation to the manufacturer and dealer outlining the problem so that they have one more chance to correct the problem. If the situation is not resolved, you have the right to sue the manufacturer. This process will include arbitration. Lemon law arbitration is a right that can be enforced through an arbitration process overseen by the Department of Consumer Protection (DCP). When filing for arbitration, you must include: copy of the repair history, copy of the purchase invoice or lease agreement, proof of insurance, the completed Demand For Arbitration Form, copy of the manufacturer’s warranty, all repair receipts and work orders that includes the dates when the car was in for repair, and the copy of the vehicle’s registration.
As well, you must be able to show the vehicle has had the specified number of repair attempts mandated by your state during the first 18,000 miles or two years of service. The numbers can vary from state to state. You must also show that the vehicle has been out of service for a total of 30 days during the same period and the defect remains, and that the defect negatively impacts your ability to drive, decreases the value of the car, or will likely cause death or serious physical injury if the vehicle is driven. It is important to check your state’s lemon law statutes.
By law, manufacturers and dealers are required to provide compensation or a vehicle of equal value if a car is defective. Unfortunately, this does not always happen, therefore you have to make sure your rights are protected. If you purchase a vehicle that turns out to be a ‘lemon,’ you should consult with a Lemon Law Attorney. This is especially important if you have to file a demand for arbitration. Because the law can be confusing for the novice, an experienced attorney will defend your rights and make sure you receive the appropriate compensation…
In the past, you have not have had much luck finding the best deal for a car. It’s a new day and you can make some changes. Some great tips can be found here to get the right price on a car.
If you fail to negotiate a price, you are wasting money. Never pay the sticker price for cars. Dealerships inflate prices to give room for negotiations and to give you the impression you are getting a good deal even though they only give you a small discount.
Go car shopping online before going to the dealership. You should only go to a dealership when you know what model and manufacturer you are interested in. Always look online for the best deal on a used or new car.
Search online for some great deals. Sometimes, you may find the deal of a lifetime on the web. When you locate the model you want, you can go to the dealer directly or have a local dealer bring the car to you. If you can make the drive, then drive to the dealership offering the car in order to save money.
Prior to car shopping, make sure your vehicle’s financing is taken care of. Check with a bank or local credit union to get this done. You might get a better deal through your bank than through the dealer.
Have a good idea of the car that you desire beforehand. Do research online before you shop to find out what type of vehicle is best suited for your family and budget. Also, try to lock in a price range that you are willing to spend.
Create a car budget before you set foot in a dealership. Never pass your budget, no matter how much pressure you get from the dealer. Keep in mind that you will be having to pay off your car, not the dealer.
Look at a vehicle’s fuel efficiency and how it will work with your budget when buying a car. As an example, you may want to buy a car with enough power to tow a boat behind it. But, ask yourself whether your truly need that additional power.
If you aren’t confident you can resist high-pressure sale pitches, do not go car shopping alone. It could be a friend or a family member, as long as whoever you take has some knowledge of the process and isn’t a “pushover.” Also, talk to the person you bring about the amount of money you wish to spend.
Never discuss down payments, incentives, or trade-ins until you’ve established an actual price on your desired car. These monetary exchanges should reduce your cost. You are sure to do better if you negotiate the price first, then throw in the other factors.
You should now get the best deal for your situation when buying a car. There is no reason to have a dramatic experience while talking to a dealer. Use the above tips and advice to help you make the process a whole lot less painful.…
How to Search For Antique Car Parts
Getting Old Vehicles Back on Track
There is a niche market that is specifically interested in cars. To the outside world it might appear to be a oddball world of fanatical car enthusiasts. However the truth is that it is a thriving community that takes care to select and preserve the best cars in the world. It is a hobby that anyone can get involved in because it is not particularly discriminative in terms of the people who have a taste in cars. The love of antiques does not just end at buying them. The people who love this niche will go out of their way to preserve the relics of the past even when they have been dumped by previous owners who are blind their value.
The ultimate pride of a car enthusiast is to restore the vehicle in question to the previous state of grandeur that it enjoyed in its heyday. This type of restorative work can be very expensive so the hobby might not suit those of limited means. The searches for spare parts can also be quite challenging because many of these models will have gone out of fashion. However the people who have a real love for the cars will go out of the way to find the materials even it means crossing certain jurisdictional boundaries.
It is not easy to give advice to a car enthusiast about cars because they will know everything that there is to know about that particular car. However knowledge is limitless so it is worthwhile to reflect on some of the tactics for identifying the car parts that work with these old vehicles. Rather than running round circles looking for a part that will never be found, it is better to go straight to the heart of the matter.
Places to Find Old Car Spare Parts
1. Junkyards have plenty of hidden value and one of the items that they might stock is the old car parts. The competition for these parts will be limited by the fact that they have already been effectively abandoned by their owners. Even where there is an element of competition, the prices will generally be lower than the standard market. Thus if one is looking for an old car spare part at cheap costs, the auto wrecker lot will be a useful starting point.
2. Car enthusiasts normally have their own niche magazines that will provide information on the latest industry news. These can be a useful source of information about car parts. This kind of data is not available in the general leisure magazine so the enthusiast has to subscribe to the specialist magazines. The magazines normally cost a little bit more but they provide such useful information that one might be forgiven forgetting about the cost.
3. There are local clubs and swap shops that deal with this particular niche and they can normally provide good information about old car spare parts. The great thing is that the customer will be among friends.…
Regular Vehicle Maintenance – The Right Mileage to Service Your Vehicle
Rusty May 4, 2022 ArticleRegular Vehicle Maintenance – The Right Mileage to Service Your Vehicle
To ensure that your vehicle is safe to drive, and remains fuel efficient and environmentally-friendly, you need to ensure that your vehicle is checked at least every. Vehicle maintenance could range from cleaning your vehicle to regular checks and servicing and repair too. Manufacturers advocate routine service intervals for vehicle servicing. However, schedules vary based on the manufacturer and the type of vehicle you drive.
Regular 5K Maintenance – Essential for your Car’s Health
The 5000 mile service for your car is the primary service and involves safety inspection, oil and filters changes, and tire rotation. It also includes an inspection of the brakes and belts and look out for fluid leaks or noises. If you use your car for short trips, in high-traffic areas you need to change the engine oil and filter at an interval of 5000 miles. If you drive an older car, you need to replace condensers and spark plugs for every 5000 miles too.
Apart from this, you need to ensure that the cooling system of your car is serviced regularly to help prolong the radiator life and the power steering system too. To maintain the look of your car, you can change the floor mats, steering wheel covers and seat covers when you find them wearing out.
It helps to review your owner’s manual and find a reputable auto repair agency to service your vehicle on a regular basis. It is important because it might cost you much more when you have not maintained your car and greater problems surface. A good relationship with a car service agency ensures that your car is in top shape and you are assured a safe car drive.
For more care tips, check out the VW repair specialists.…
Why Should You Hire an Airport Limo Service For Corporate Clients?
Rusty May 1, 2022 ArticleWhy Should You Hire an Airport Limo Service For Corporate Clients?
Los Angeles is a large city, with many businesses and an ever-growing economy. Many corporate clients, business executives and other important guests travel to California every day to meet their business partners. Hiring a LAX Airport limo service for such important guests is a good move, as these days, the first impression is very important.
Los Angeles County alone is larger than the entire state of Connecticut, sprawling for more than 4000 square miles. Even though the Metro link trains connect Downtown Los Angeles with the suburbs, they are by no means a good way of transportation for your business clients or guests, especially if they are not familiar with the area of Los Angeles and the town itself.
There are many reasons why you should hire an airport limo service for your corporate clients if they are visiting you in Los Angeles, and here are some of them:
To show them that you care for their convenience and comfort:
Showing your corporate clients and associates that you as an individual, or your company as an entity, have reached a certain level of success is very desirable. The fact that you or your company can hire a limo service to pick them up from the airport, and drive them safely and in comfort to their hotel, or directly to a business meeting, will most likely have a positive effect on further negotiations, discussions and financial results.
Your clients will also need a place to stay during their visit to LA, and some of the best hotels such as The Four Seasons Hotel in Beverly Hills, Casa del Mar in Santa Monica and other top-notch hotels are located 40 to 50 minutes drive from LA Airport. It is understandable that such a long distance is best to be traveled in the convenient and comfortable seats of a limo. Having in mind that most business travelers carry with them important documents, lap-top computers and other items of importance, it is best if they have a safe and enjoyable ride to their hotel.
To show them that you have style:
Everyone knows that important people and celebrities choose clothes by expensive designers, visit the most renowned hairdressers and stylists, and travel in fancy cars. This makes the car an important part of the image, and this is why using limo services is very popular.
In such luxurious areas such as Hollywood, Beverly Hills and Sunset Boulevard, your clients would certainly feel flattered if you provide them with first class transportation. Showing people that are coming to visit you that you can operate with style, and do not mind spending some extra money, speaks more about you and your company than most other things you could do or say.
To show them that you have high standards:
Los Angeles is home to many celebrities, as well as the Hollywood Studios, Universal Studios, Paramount, and many more venues and places of interest that make the town extra special. There are numerous businesses located in LA or in the greater LA area, and your business clients and executives will expect you to match that high standard.
Showing a high standing in the business world often means that the individual or the company owns a limo or can afford to hire one on a regular basis. Limos have earned a certain level of respect from the time they came on the market, as at the very beginning it was only the richest people who were able to afford to buy and use one. Traveling in a limo shows that you or your company value style, comfort, convenience and high standards.
To save your client the stress and hassle:
Having an important corporate client arriving to meet you in a stressed condition may not be too good for your business. Having a happy client, who has just received the best possible transportation service free of charge from your company, can really make a difference when you discuss your business deals. Hiring a LAX Airport limo service to transport your clients when in Los Angeles can directly help your business.
When punctuality is the key to your business success, you will always choose the best option you have for transportation, and in this case it is the limo. The chauffeurs are well-trained, polite, punctual and ready to provide you with the best service possible.
Most limos provide their guests with free drinks, such as champagne, but you can always take this one step further and order a box of chocolates, cigars, snacks and anything else you can think of for your business client. If your corporate client is a woman, you can even add a lovely bouquet of flowers.
If you are located in the Los Angeles area …
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