Floridas new bill Starts Oct 1

[bridwell52]

What do you all think of this

 

http://74.220.207.123/~pensacol/forum/showthread.php?p=43065&posted=1#post43065.

 

Scroll to top

 

 

[smiller]

316.2085(3) Motorcycle or moped license tag improperly affixed

This is classified as a moving violation.

First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation. Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year.

Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.

 

These penalties are for an improperly attached license tag? Am I reading something wrong?

[bridwell52]

316.2085(3) Motorcycle or moped license tag improperly affixed

This is classified as a moving violation.

First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation. Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year.

Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.

 

These penalties are for an improperly attached license tag? Am I reading something wrong?

 

It comes from some bikes having plates they could fold down or hide when out running LEO's.

Its crazy if you ask me. Are they going to fine some old lady because her tag is on by one bolt, a grand?

David

[Tony_K]

"improperly affixed"

 

That's WAAAAY vauge. So Harley riders that run their tags sideways get wacked too?

Hmmm.

 

 

[Calvin (no socks)]

I have the tag on the dirtbike on with industrial velcro.....the law will wonder if that is for my benifit.... (keepin my "nutz" when it gets away from me off road)...

[ghaverkamp]

These penalties are for an improperly attached license tag? Am I reading something wrong?

 

The actual text is nowhere near as vague:

(3) The license tag of a motorcycle or moped must be permanently affixed horizontally to the ground and may not be adjusted or capable of being flipped up.

[smiller]

Its crazy if you ask me. Are they going to fine some old lady because her tag is on by one bolt, a grand?

Not unless the old lady is riding a motorcycle.

 

Wow, absurdly draconian and blatantly discriminatory all in one. They must have worked overtime.

[ghaverkamp]

The original version was even better.

 

(1) When a law enforcement officer charges a person with reckless driving in violation of s. 316.192 or exceeding the speed limit by 30 miles per hour or more in violation of s. 316.183(2), s. 316.187, or s. 316.189 while operating or in actual physical control of a motorcycle, the officer shall arrest the person, take him or her into custody, and seize the motorcycle, which shall be subject to forfeiture under the Florida Contraband Forfeiture Act.

...

 

(No mention of plates in that one, though.)

[Calvin (no socks)]

Motorcycles only? ........ "Insert appropriate emotocon here"

[Ken H.]

What do you all think of this

Personal opinion - The one on tags seems a bit severe, the other two about wheelies and more than 50 over I say - Neither have any place on public streets IMHO.

[smiller]

The one on tags seems a bit severe,

A $1,000 fine because your plate fell off is 'a bit' severe..?

[ghaverkamp]

A $1,000 fine because your plate fell off is 'a bit' severe..?

 

There is no $1000 fine in that bill because a tag falls off.

[smiller]

Only because they don't know how to write.

 

[russell_bynum]

What do you all think of this

Personal opinion - The one on tags seems a bit severe, the other two about wheelies and more than 50 over I say - Neither have any place on public streets IMHO.

 

Just a note on that...I'm not in favor of big intentional stunting wheelies on public roads. But...I've been told that a good bit of the time when I leave an intersection at anything more than moderate acceleration, as well as most of the time when I'm making a pass, the front wheel on the Tuono is off the ground. Most of the time I'm not even aware of it. It's just a couple of inches off the ground as the bike goes through it's powerband. As I said, most of the time I'm not even aware of it.

 

And I'm not talking about full-throttle dragstrip launches either (I can count the number of times I've been to full throttle on that bike on one hand...and have fingers left over.) Because of the short wheelbase and the riding position, you have to consciously work to keep the front end down when you're on the gas and in the powerband.

 

I'd hate to get lumped into the same category as some numbnuts doing a stand-up wheelie through a school zone.

 

As for more than 50-over...when they start making the speed limits make sense, I'll start being OK with them punishing people who speed. I know quite a few roads with dumbass 55mph speed limits where the road and the terrain is so flat and featureless that your visibility is limited only by the curvature of the Earth. I see absolutely nothing wrong with going 120mph on roads like that. If we're talking about someone blazing along at 70 in a 20mph residential street, then that's different, but a blanket 50-over law doesn't see that distinction.

[motorman587]

I heard that they pass this law because they have a very serious problem in Miami area and other large cities in Florida. Those stunt videos were they are doing wheels on the interstate at speeds of 100 mph, then they run from the LEOs. Everyone I sure have seen those video some where from time to time. They are attempting to crack down on that reckless behavior.

 

The old lady with tag. That is why officer's have discretion.

[ShovelStrokeEd]

Well, that'll teach the squids who get caught and probably give more incentive to those inclined to run to do so.

 

2 have died in the past week within a couple of blocks of my house and that is just one county heard from. One ran into the back of a truck when he failed to brake sufficiently from the quoted high speed and hit it on I-95. This was in a 65 mph zone. The second flew off a curve on a road that flat doesn't have any curves. 40 mph speed limit and it is boring at 100, don't ask. There are also no more than 3 curves in a mile, long radii and a 4 lane road at that.

 

A third failed to negotiate the 90 degree turn into an on ramp and hit the wall placing himself in the hospital in critical condition.

 

Squids just don't have much of an outlet down here beyond top speed runs and stunting. Yes, there are race tracks that offer both road and drag racing. You guys know the entry costs for this stuff. Well beyond the means of most young people.

 

I see this as an attempt by the law makers to deal with the problem and certainly it is in response to either complaints by the citizenry or a study of the statistics or both.

 

Since it is likely to have no effect on me, it really doesn't concern me all that much. My plate is properly affixed. I rarely go 50 over and wheelies are subtle things in most of my riding, similar to what Russell deals with but on an even lesser scale due to the length of my bike.

 

I do worry about the slippery slope thing as, when this ultimately fails to curb the activity, where will they, the legislature, go next.

[russell_bynum]

I heard that they pass this law because they have a very serious problem in Miami area and other large cities in Florida. Those stunt videos were they are doing wheels on the interstate at speeds of 100 mph, then they run from the LEOs. Everyone I sure have seen those video some where from time to time. They are attempting to crack down on that reckless behavior.

 

The old lady with tag. That is why officer's have discretion.

 

But...isn't reckless driving already against the law? It seems to me that "stand-up wheelie on the freeway at 100mph" would definitely fall under the category of reckless driving, and "front wheel comes up 2 inches as you cross an intersection" doesn't. What's point in making it illegal to do something that's already illegal?

[smiller]

That is why officer's have discretion.

Ah yes, was wondering when we'd get to the real intent behind the law.

 

Of course, the statute (concerning license plates) could also have been written to outlaw methods of attachment intended to conceal the plate, which would address the few who may be guilty of this crime instead of anyone with an 'improperly fixed' plate... but of course in that case the officer would have less... discretion...

 

[motorman587]

I heard that they pass this law because they have a very serious problem in Miami area and other large cities in Florida. Those stunt videos were they are doing wheels on the interstate at speeds of 100 mph, then they run from the LEOs. Everyone I sure have seen those video some where from time to time. They are attempting to crack down on that reckless behavior.

 

The old lady with tag. That is why officer's have discretion.

 

But...isn't reckless driving already against the law? It seems to me that "stand-up wheelie on the freeway at 100mph" would definitely fall under the category of reckless driving, and "front wheel comes up 2 inches as you cross an intersection" doesn't. What's point in making it illegal to do something that's already illegal?

 

In my county you have to show that it in endangered someone else. I arrested someone once many many years ago for speeding, improper lane change, weaving in and out of traffic........He was going about 30 over near campus. It was throw out because I could prove that he was endangering others. Just speed is not reckless.

[ShovelStrokeEd]

Russell,

They didn't double down on the illegal thing, they just increased the penalties and provided a pretty narrow target set of violators. Gonna really piss of the cruiser set as well, as the vertically mounted, curved, license plate is pretty popular. Given that they are in violation, probable cause to pull over and maybe do a field sobriety test should provide a bunch of additional arrests and penalties. The ride to drink and drink to ride set don't seem to stuff themselves much down here. They certainly represent a hazard but mostly only to themselves and they rarely build the momentum.

[MadDuck]

HD has at least two models with flip type license plate brackets. The Nightster and the v-rod muscle. Wonder if the Harley lawyers are going to weigh in on this bill. Get an exemption for OEM applications maybe.

[smiller]

Just speed is not reckless.

Correct.

[gottabmw]

In June, while at a gas station in Winnemucca, NV, a guy pulls up to the pump on his shiny V-Rod. My son asked us how many times we thought he'd blip the throttle before he turned his engine off. Five times! But I digress. His license plate was sewn onto the back of his sleeveless denim vest. Embarrassingly, he was from Oregon. Oh the shame! He gets off the bike and saunters into the store and, with no prompting, asks us, "You guys going to Vegas?" WTF?

[ShovelStrokeEd]

What upsets you about this? His creative mounting of his plate (did he have a light on it?)? Or maybe the shear nerve of him to initiate a mild conversation in passing with one such as yourself?

[Tony_K]

and so it begins....

 

[Twisties]

What do you all think of this

Personal opinion - The one on tags seems a bit severe, the other two about wheelies and more than 50 over I say - Neither have any place on public streets IMHO.

 

Where'd you see anything about wheelies? I saw a fine and moving violation for any case of the wheels loosing contact with the road, this would seem to include a much broader set of conditions, for instance such as in any type of drop or accident, or a case of catching air on a bump.... Unless Greg wants to provide us the actual language for that part too.

 

Just say'in.

 

Jan

[russell_bynum]

What upsets you about this? His creative mounting of his plate (did he have a light on it?)? Or maybe the shear nerve of him to initiate a mild conversation in passing with one such as yourself?

 

Yeah...what a jerk. The nerve of some people...talking to other people.

[smiller]

Where'd you see anything about wheelies? I saw a fine and moving violation for any case of the wheels loosing contact with the road, this would seem to include a much broader set of conditions, for instance such as in any type of drop or accident, or a case of catching air on a bump....

What in the world are you worried about? The officer has discretion.

[gottabmw]

What upsets you about this? His creative mounting of his plate (did he have a light on it?)? Or maybe the shear nerve of him to initiate a mild conversation in passing with one such as yourself?

Sheesh, Ed! Not upset. I just thought it was all real bizarre. I guess you'd have to have been there. Why are YOU so upset?

[ghaverkamp]

I would attach the file version, but I can't attach a PDF. Find the final version here and the original here. (I'm tired of copying, pasting, and reformatting.)

 

(2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator.

 

 

[T__]

Sounds to me like a great incentive to run like a bandit.. About the same fine & penalty for doing 50 over as having a crooked plate or hitting a bump & having a tire jump off the road.. Don’t even think of stopping hard to avoid an accident cause if your rear wheel comes up you are going to jail..

 

Come to think of it I would be violating the law every time I place BMW on the center stand..

 

I wonder how they view no license plate,, that’s the thing up here now.. Lots or sport riders leaving the plate at home cause they plan on scooting if lit up..

 

Twisty

 

[Twisties]

I would attach the file version, but I can't attach a PDF. Find the final version here and the original here. (I'm tired of copying, pasting, and reformatting.)

 

(2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator.

 

 

So is it common for standing up to be illegal? I do it all the time to stretch.

 

Jan

[motorman587]

Where'd you see anything about wheelies? I saw a fine and moving violation for any case of the wheels loosing contact with the road, this would seem to include a much broader set of conditions, for instance such as in any type of drop or accident, or a case of catching air on a bump....

What in the world are you worried about? The officer has discretion.

 

Exactly, if you piss the PO-PO on the side the road, guess what that boncy rear tire turned into a wheelie.

[Twisties]

I would attach the file version, but I can't attach a PDF. Find the final version here and the original here. (I'm tired of copying, pasting, and reformatting.)

 

(2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator.

 

 

So is it common for standing up to be illegal? I do it all the time to stretch.

 

Jan

 

In fact, come to think of it, this law prevents getting on the pegs for an obstacle.

 

Yikes.

[ghaverkamp]

In fact, come to think of it, this law prevents getting on the pegs for an obstacle.

 

Yikes.

 

It certainly would seem to have plenty of repercussions like that. The whole license plate thing seems pretty minor, but for the fact that it carries a hefty mandatory fine. But this other stuff is pretty nonsensical.

 

Can you look back over your shoulder at traffic behind you?

[russell_bynum]

I would attach the file version, but I can't attach a PDF. Find the final version here and the original here. (I'm tired of copying, pasting, and reformatting.)

 

(2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator.

 

 

So is it common for standing up to be illegal? I do it all the time to stretch.

 

Jan

 

Likewise.

 

So...I'm on my dualsport on a forest service road (which requires you to be street legal and licensed). I stand up to work the bike over an obstacle....and Florida sentences me to the electric chair.

 

Hell...on my DRZ, I spend a good bit of the time standing up because the seat is made out of granite. The controls are setup to be easiest to reach while standing, too. Clearly, I'm one of those "Las Vegas Extremes" hooligans.

 

[BailyD]

In New Jersey we have a similar law concerning the proper display of your tag.

 

Here's what I've noticed: It seems 8 out of 10 bikes that go by me with their tags improper displayed are on on sportbikes. I stop them regularly and ask them if they would mount the tag on this Ford F150 in a similar manner and expect NOT to get stopped by the police.

 

Next I speak with them about why some people improperly mount their tags. I thought that maybe it's for looks, maybe it's so the EZ pass can't take their picture or maybe it's because the police can't see their tags when they run. So far this summer we've have three to four sport bikes w/improperly displayed tags elude us. We haven't had ANY customs this summer or this year or last year.

 

I also explain to the guys that when I started riding sport bikes back in the 80's NONE of my group would have thought it was ok to display our tags like they are doing now. It's epidemic!!

 

My solution is this: I write the ticket "about $50 here" and tell them to plead not guilty, fix the tag properly and bring the bike to court. If they do this I will agree to dismiss the ticket. Our objective is to get the bikes legal, not make money. If they change it back, well that's on them!

[Wooster]

Kids doing wheelies I can do without but "a person shall ride a motorcylce ... only while sitting astride the seat" keeps me away from FLA.

I stand and strech when no one's behind me; in dirt parking lots I just as soon stand as sit astride the seat.

As John Mayall sang "the laws much change".

 

Wooster w/ when the thief snatched the german's toupee he said "mein hair".

[Huzband]

Busted!

 

[Jeepster]

So is it common for standing up to be illegal? I do it all the time to stretch.

 

Jan

 

Quick story. Many years ago app. 1975 in Pasadena.Ca. A friend and I had just gotten off the freeway and stood up on the pegs to stretch. A CHP patrolman had been following us for about 20 miles waiting for a violation. Wrote both of us for unsafe driving siteing "standing up on pegs" The Tickets were thrown out when we showed up in court with a Pasadena motor offcer as an expert witness. We asked him one question, how many times a day did HE stand up on the pegs? Answer, too many times to count. The court was still laughing as the CHP officer was leaving the courtroom. My one story of giving it back to "The Man".

[ShovelStrokeEd]

What upsets you about this? His creative mounting of his plate (did he have a light on it?)? Or maybe the shear nerve of him to initiate a mild conversation in passing with one such as yourself?

Sheesh, Ed! Not upset. I just thought it was all real bizarre. I guess you'd have to have been there. Why are YOU so upset?

 

What is bizarre about talking to a fellow rider in passing? Do you not wave? It's not much different. I'll at least do something similar if I encounter a fellow rider at a gas station. Doesn't matter what they are riding or how they are dressed. One of the nicer times I have had in my life resulted from just such an encounter. Wound up at a party with 100 or so 1% types that started with a "pretty bike, man" at a gas pump. Never had to answer so many questions about my GS Adventure and how it did at what I did with it. No discrimination cause I was riding a BMW, these guys were true bikers.

[russell_bynum]

My one story of giving it back to "The Man".

 

Yeah...you had to arrange for the expert witness, schedule a court time, take a day off work to go down to the courthouse, and waste time there before "The Man" said "Oops, my bad. Now be gone with you."

 

Yep...you sure showed 'em.

 

[Jeepster]

Yep...you sure showed 'em.

Well at the time it wasn't so bad. I was an unemployed MC Bum, I ate a donut at Whinchell's and relized all cops aren't bad. Saw a judge laugh at a CHP. But yeah if it happened now, I probly wouldn't have the same reaction.

[russell_bynum]

Yep...you sure showed 'em.

Well at the time it wasn't so bad. I was an unemployed MC Bum, I ate a donut at Whinchell's and relized all cops aren't bad. Saw a judge laugh at a CHP. But yeah if it happened now, I probly wouldn't have the same reaction.

 

I know. It just sucks because even when you "win" at these things, lotsa times it's more trouble than it's worth.

 

Of course, they're counting on that.

[Jeepster]

Just as an aside remark That violation was going to be the kiss of death for my license. I really had nothing to lose in fighting it. All my other violations were VERY well deserved.

[motorman587]

Cops aren't that bad in Florida. If they were you would not be waving. Florida statue states that you have both hands on the hand grip.

 

(4) No person shall operate a motorcycle or moped while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars

[bridwell52]

RUN FORREST RUN

[tallman]

I hope the license plate isssue brings more attention to the many pick up trucks that have tailgated their plate.

The plate is bent so it is not able to be read.

Standing to stretch, guess I'll take my chances with that one.

Have to wonder about traffic jams when you stand astride the bike.

 

Bottom line, too many idiots riding like idiots and the public/media have made it newsworthy.

One thing politicians like is the perception that they are doing something for the greater good and unfortunately this is seen as necessary due to the actions of a minority of riders.

 

All of you who will stay away from Florida, that's great.

Too many people come here to ride anyways.

I'd love to see Bikeweek become BikeHour.

[Twisties]

Cops aren't that bad in Florida. If they were you would not be waving. Florida statue states that you have both hands on the hand grip.

 

(4) No person shall operate a motorcycle or moped while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars

 

That does not require the operator to keep both hands on the grip. It requires that the operator not carry a something that prevents both hand s from being on the grip, an entirely different matter altogether.

[motorman587]

Cops aren't that bad in Florida. If they were you would not be waving. Florida statue states that you have both hands on the hand grip.

 

(4) No person shall operate a motorcycle or moped while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars

 

That does not require the operator to keep both hands on the grip. It requires that the operator not carry a something that prevents both hand s from being on the grip, an entirely different matter altogether.

 

Which means they want both hands on both handgrips at all times.