1 Message from State Attorney Norm Wolfinger The Rap Sheet Legal News for Law Enforcement in Brevard and Seminole Counties October 2006 Editor, Assistant State Attorney Chris White Volume XXIII, Issue 3 When looking into what topics to write on in The Rap Sheet, your requests and suggestions are invaluable. Thus our topic in this issue, addressing laws applicable to ATVs and other non automobile transportation forms, is an area we had addressed before. This article was originally authored by Assistant State Attorney Mary Ann Klein and published in The Rap Sheet in 2002. Due to many requests by law enforcement officers, we have updated the information presented, and we will address the applicability of Chapters 316, 320, and 322 of the Florida Statutes to gopeds, motorized scooters, mopeds, motorized bicycles, and all-terrain vehicles (ATVs). I hope that you will find this issue helpful as you travel the highways and byways of Brevard and Seminole County. Gopeds/Motorized Scooters, Mopeds, Motorized Bicycles, All-Terrain Vehicles, and Other Vehicles - How to Apply Chapters 316, 320, and 322, Florida Statutes By: Michelle Perlman, Assistant State Attorney Chapter 316, Florida Statutes, known as the Florida Uniform Traffic Control Law, sets forth the various traffic offenses including civil infractions and criminal traffic offenses such as driving under the influence. It also sets forth various equipment requirements and conditions for operation on the roadways. Chapter 320, Florida Statutes, regulates the requirements for registering a motor vehicle in Florida. Chapter 322, Florida Statutes, sets forth the various requirements and conditions relating to the issuance of drivers’ licenses in the state of Florida.
Message from State Attorney Norm Wolfinger
The Rap Sheet Legal News for Law Enforcement in Brevard and
Seminole Counties
October 2006 Editor, Assistant State Attorney Chris White Volume
XXIII, Issue 3
When looking into what topics to write on in The Rap Sheet, your
requests and suggestions are invaluable. Thus our topic in this
issue, addressing laws applicable to ATVs and other non automobile
transportation forms, is an area we had addressed before.
This article was originally authored by Assistant State Attorney
Mary Ann Klein and published in The Rap Sheet in 2002. Due to many
requests by law enforcement officers, we have updated the
information presented, and we will address the applicability of
Chapters 316, 320, and 322 of the Florida Statutes to gopeds,
motorized scooters, mopeds, motorized bicycles, and all-terrain
vehicles (ATVs).
I hope that you will find this issue helpful as you travel the
highways and byways of Brevard and Seminole County.
Gopeds/Motorized Scooters, Mopeds, Motorized Bicycles, All-Terrain
Vehicles, and Other Vehicles - How to Apply Chapters 316, 320, and
322, Florida Statutes
By: Michelle Perlman, Assistant State Attorney
Chapter 316, Florida Statutes, known as the Florida Uniform Traffic
Control Law, sets forth the various traffic offenses including
civil infractions and criminal traffic offenses such as driving
under the influence. It also sets forth various equipment
requirements and conditions for operation on the roadways.
Chapter 320, Florida Statutes, regulates the requirements for
registering a motor vehicle in Florida.
Chapter 322, Florida Statutes, sets forth the various requirements
and conditions relating to the issuance of drivers’ licenses in the
state of Florida.
2
A portion of the various definitions and relevant provisions of
Florida law set forth in these chapters has been included at the
end of this article for easy reference. It should be noted that
each chapter contains its own definitions and those definitions
sometimes vary, even as to the same word being defined. The
variations in the definitions affect the application of law as it
relates to vehicles and/or motor vehicles under each specific
chapter involved.
Although this review was intended to facilitate a more clear
understanding of the various requirements under these chapters, it
may create more questions than answers. Unfortunately, we must
await legislative and judicial decisions to provide further
definitive guidance on these issues.
Gopeds/Motorized Scooters
Traffic Rules and Equipment Requirements
In State v. Riley, 698 So.2d 374 (Fla. 2nd DCA 1997), the court
provided a definition for “goped.” It is defined as a two-wheel
scooter with a gasoline-powered engine designed to be operated by a
person in the standing position with the brake and throttle levers
located on the upright handlebars. The court also stated that
gopeds were motor vehicles for purposes of Chapter 316, as they
fell under the definition of “motor vehicle” in Section
316.003(21).
However, since the Riley decision, the Florida legislature revised
the definition of “motor vehicle” in Section 316.003(21) to
specifically exclude “motorized scooters.” The legislators also
added subsection (82) to define “motorized scooters” in terms
similar to the definition of “gopeds” discussed in Riley. The
definition of “motorized scooter” does not specify gas or electric
power. Therefore, either would qualify as a motorized scooter,
provided it otherwise meets the definition. According to Attorney
General Opinion 2003-44, the definition of “motor scooter” found in
Chapter 316 includes what are known as gopeds, as defined in the
Riley case. As such, Riley is superseded by statute for purposes of
Chapter 316. Therefore, motorized scooters and gopeds are not
subject to the equipment and safe driving requirements for motor
vehicles in that chapter. (See also Attorney General Opinion
2002-47.) However, if a requirement in Chapter 316 applies to
“vehicles” (not “motor vehicles”), then it still applies to
motorized scooters and gopeds. They easily fall under the
definition for “vehicle” in Chapter 316. For instance, Section
316.003(75) prohibits any vehicle to be driven on a bicycle path,
sidewalk, or sidewalk area unless it is operated only by human
power. As motorized scooters and gopeds fall under the Chapter 316
definition of “vehicle,” they may not be operated on bicycle paths
or sidewalks. (See Attorney General Opinion 2003-44.) As for
equipment requirements, Chapter 316 addresses “motor vehicles” and
those driven on state roads. Equipment requirements for gopeds or
motorized scooters are not found in that Chapter.
3
Registration Requirements
Even though the legislators recently excluded motorized scooters,
or gopeds, from the definition of “motor vehicle” in Chapter 316,
they did not exclude them from “motor vehicle” definitions in
Chapters 320, covering vehicle licensing. Thus the registration
requirements under Section 320.02 apply before they can be operated
on the roads of the state. There is a problem with this, however,
because gopeds and motorized scooters do not fit under any of the
classifications set forth in Section 320.08, which provides the
license tax amounts for motor vehicle registration. Moreover,
motorized scooters and gopeds do not meet any of the safety
standards set forth in Chapter 316 for the purpose of registration.
Therefore, there is no way to register them even though it appears
that they should be registered by statute.
Attorney General Opinion 2003-44 addressed this conflict. In doing
so, it confirmed the position of the Department of Motor Vehicles.
The opinion states that Chapter 320 requires that every vehicle
operated on state roads must be registered, but provides no
classification for gopeds or motorized scooters. As such, they may
not be operated on state roads.
Driver’s License Requirements
Gopeds and motorized scooters are motor vehicles under Chapter 322.
In State v. Riley, the defendant claimed the goped he was driving
was not a motor vehicle under Section 322.34 and therefore his
citation for driving with a suspended driver’s license was invalid
since a driver’s license was not required. The vehicle had no seat
and no pedals, and its maximum speed generally did not exceed 30
miles per hour with the internal combustion engine displacement at
approximately 22.5 cubic centimeters. The court ruled that the
goped was a motor vehicle as defined in Florida Statutes
322.01(26). Thus, a driver’s license was required.
Gopeds and motorized scooters are still classified as motor
vehicles under Section 322.01(26). The Department of Motor Vehicles
has advised that as motorized scooters and gopeds fall under that
definition, a Class E driver’s license is required to operate them
on state roads. To do so, however, would be a violation of Chapter
320, which requires registration. Since nothing in Chapter 320
provides for registering the vehicle, they would be restricted to
operating on private property. A license is not required when the
scooter is operated on private property.
Motorized Bicycles
Traffic Rules and Equipment Requirements
A motorized bike, as defined in Section 316.003(2), is propelled by
a combination of human-power and an electric-helper motor. It can
travel up to 20 miles per hour on level ground. It is important to
note that the definition does not include a gas-helper motor. A
motorized bike is not a motor vehicle under Chapter 316, as Section
316.003(21) excludes bicycles from the definition of “motor
vehicle.” Section 316.003(2) does, however, provide that no person
under the age of 16 may operate or ride upon a motorized
bicycle.
4
Section 316.2065, Florida Statutes, sets forth regulations for both
on-road and off-road operation of bicycles which by definition
includes motorized bicycles. Important rules for bicycle riders on
roadways in this section include the following: riders must ride as
close as practicable to the right curb of roadways when traveling
below the normal speed of traffic with some exceptions, and no more
than two riders may ride side by side on roadways. Equipment
requirements in this section include child seat requirements for
children under 4 years old, helmet requirements for riders under 16
years old, and lamp and reflector requirements for bicycles ridden
between sunset and sunrise.
Also important in this section is that bicycle riders assume all
the rights and duties of pedestrians when riding on sidewalks but
must yield to pedestrians when doing so. A parent or guardian of a
minor child is liable under this section if the child violates any
of its provisions and the parent knowingly permitted it. More
requirements under this section can be found at the end of this
article, where the relevant parts of its full text are
located.
Because motorized bicycles are excluded from the definition of
“motor vehicle” in 316.003, child restraints are not required for
riders 5 years old and younger. Registration Requirements
Motorized bicycles are excluded from the definition of “motor
vehicle” in Section 320.01(1)(a) and therefore need not be
registered. Driver’s License Requirements
Motorized bicycles are also excluded from the definition of “motor
vehicle” in Section 322.01(26) and the definition of “vehicle” in
Section 322.01(42), so a license is not required.
In conclusion, a motorized bicycle operated with an electric-helper
motor can be operated on the public roads and highways pursuant to
the regulations set forth in 316.2065 without a license and
registration, but the operator must be at least 16 years of
age.
Mopeds (with pedals)
Traffic Rules and Equipment Requirements
As defined in Section 316.003(77), a moped is a vehicle designed to
travel on no more than three wheels. It has a seat or saddle for
the rider and pedals to permit propulsion by human power. Its motor
may not rate above 2 brake horsepower, and its maximum speed is 30
miles per hour. A motorized bike, on the other hand, cannot exceed
20 miles per hour. Mopeds are excluded from the definition of
“motor vehicle” in Section 316.003(21), and are defined separately
in Section 316.003(77).
5
Mopeds may be operated on the streets and highways pursuant to the
requirements in Sections 316.208 and 316.2085. Section 316.208
applies to both motorcycles and mopeds. As for mopeds operating on
roadways, this section states that they must ride as close as
practicable to the right curb when traveling at less than the
normal traffic speed with some exceptions. As for sidewalk
operation, moped operators assume all the rights and duties of
pedestrians, but must yield to pedestrians. Also, mopeds may not be
operated on sidewalks while the motor is running. Section 316.2085
applies only to mopeds and includes requirements that riders must
ride facing forward with one leg on each side of the vehicle and
may not carry any packages or passengers that interfere with the
operator’s view or with operation of the vehicle. This section also
provides that persons under age 16 may not rent mopeds and may not
operate certain mopeds. Additionally, Florida Statute Section
316.208(4) allows a moped to be operated on bike paths and
sidewalks, provided the moped is operated by human power only and
the motor is not running. Like motorized bicycles, because mopeds
are excluded from the definition of “motor vehicle” in 316.003, no
child restraints are required for young riders. According to
Section 316.211(4), moped riders must wear helmets only if they are
under the age of 16. The full text of the relevant parts of these
statutes is copied at the end of this article and includes some
other requirements pertaining to mopeds.
Registration Requirements
Mopeds are excluded from the definition of “motor vehicle” in
Section 320.01(1), and are defined separately in Section
320.01(28). The definition is similar to the definition in Chapter
316, except the top speed of the vehicle must be no more than 30
miles per hour (as opposed to 20 miles per hour, as listed in
Chapter 316). Mopeds must be registered. Section 320.08 sets forth
the licensing and registration requirements.
Driver’s License Requirements As it pertains to licensing of the
driver, a moped is a motor vehicle under Chapter 322. See Soto v.
State, 711 So.2d 1275 (Fla. 4th DCA 1998); Jones v. State, 721
So.2d 320 (Fla. 2nd DCA 1998); Wood v. State, 717 So.2d 617 (Fla.
1st DCA 1998); State v. Rairdon, 722 So.2d 846 (2nd DCA 1998);
State v. Meister, 849 So.2d 1127 (4th DCA 2003). Thus, a person
operating a moped on the streets or highways of the state must be
licensed. A license is required even if the roadway is private. See
Larason v. State, 729 So.2d 494 (2nd DCA 1999).
6
In some cases, defendants have tried to argue that, because mopeds
are excluded from the definition of “motor vehicle” in Chapter 316,
it is unclear whether mopeds are motor vehicles under Chapter 322,
and therefore it is unclear whether a driver’s license is required
to operate mopeds on public roads. See Soto and Meister, cited
above. This may have been because the court suggested in Riley that
mopeds may not be motor vehicles under Chapter 322. This argument
has not succeeded. In Soto, the court confirmed that the suggestion
in Riley was incorrect and explained that Chapter 322 is not
ambiguous in its inclusion of mopeds as motor vehicles. The court
stated that the definition in Chapter 316, a separate chapter,
cannot be used to cloud the clear definition of motor vehicle in
Chapter 322, which includes mopeds. In Meister, the court agreed
with Soto and further stated that the fact that “motor vehicle” is
defined differently in different chapters does not make the Chapter
322 definition unconstitutionally vague. A minor may, however,
operate a moped on private property without a license, but all
persons under 16 years of age must wear protective headgear when
operating or riding on a moped regardless of whether it is on the
roads or streets or on private property. See Section 316.211(4),
Florida Statutes.
All-Terrain Vehicles
Traffic Rules and Equipment Requirements
ATVs are covered by the definition of “motor vehicle” in Chapter
316. However, paragraphs (5) and (7) of 316.2074 prohibit an
all-terrain vehicle from operating upon the public roads, streets,
or highways of this state unless the operator is a law enforcement
officer meeting certain conditions. Arguably then, ATV operators
need not be licensed since ATVs cannot be ridden on the streets or
highways and are limited to private property.
Florida Statute Section 316.2074 also defines all-terrain vehicles
and specifically sets forth ATV safety rules including the
requirement for riders under 16 to wear helmets and eye protection.
According to this section, police officers are restricted to ATV
operation only on certain beaches and beach access roads, and on
public roads when in the course and scope of their duties. The full
text of relevant parts of this section details these requirements
further.
With the prohibition in 316.2074 restricting ATVs from highway
operation, the windshield requirement contained in 316.2952(1) may
not be applicable since this requirement applies to motor vehicles
“operated on the public highways, roads and streets.”
It also appears that even minors may operate an ATV subject to
helmet and eye protection rules. In no case, except as provided by
statute, may an ATV be operated on the public roads, streets, or
highways. As the court stated in Hinson v. State, 710 So.2d 678
(1st DCA 1998), the definition of “highway” includes the entire
right-of-way, not only the “roadway” as the paved portion of the
highway. Thus, the “shoulder of road” would be considered part of
the highway.
7
Registration Requirements
ATVs are included in the definition of “motor vehicle” in Chapter
320. However, Section 320.02, Florida Statutes provides that
registration of a vehicle is not required for vehicles that are not
operated on state roads during a registration period. Since ATVs
may not be operated on state roads, it appears they need not be
registered.
With regard to titling the vehicle, Section 56 of Chapter 2002-295,
Laws of Florida, also requires that all off-highway vehicles
purchased after July 1, 2002, and all off-highway vehicles operated
on public lands, must be titled and issued a certificate of title.
“Off- highway vehicles” include all-terrain vehicles and
off-highway motorcycles. Driver’s License Requirements
In the Hinson case cited above, the 1st District Court of Appeal
determined that an ATV was a motor vehicle under Chapter 322, and
thus a person operating such a vehicle on the highway would be
required to be licensed. Subsequent to Hinson, however, the Florida
Legislature amended Section 316.2074 to prohibit the operation of
ATVs on public roads. It appears that ATVs may be operated on
private roads without a driver’s license. Low-speed Vehicles and
Electric Vehicles
Traffic and Equipment Requirements
Low-speed vehicles are not exempted from the definitions of “motor
vehicle” or of “vehicle” under Chapter 316. Chapter 316 also
defines low-speed by borrowing its definition from Chapter 320. The
definition of “low-speed vehicle” includes any electric vehicle
which has four wheels and has a top speed between 20 and 25 miles
per hour. According to Chapter 320, low-speed vehicles must comply
with the safety standards in 49 C.F.R. Section 571.500 and Section
316.2122. Section 316.2122 provides that these vehicles can only be
driven on streets where the speed limit is 35 miles per hour or
less, but can cross intersections of roads with higher speed
limits. It also lays out several equipment requirements for these
vehicles, including reflectors, parking brakes, mirrors,
windshields, seat belts, vehicle identification numbers, and
various lamps.
Registration Requirements
Low-speed vehicles and electric vehicles both fall under the
definition of “motor vehicle” in Section 320.01(1). As such, they
are required to be registered by Section 320.02. Section
316.2122(3) also requires that low-speed vehicles be registered.
Section 320.08001, by reference to Section 320.08 provides the
registration requirements for both low-speed and electric
vehicles.
8
Driver’s License Requirements As low-speed vehicles fall under the
definition of “motor vehicle” in Section 322.01(26), a driver’s
license is required to operate them on public roads. Additionally,
Section 316.2122(4) requires that an operator of a low-speed
vehicle have a driver’s license. Electric vehicles also require a
driver’s license for operation as they are not excluded from the
definition of “motor vehicles” under Chapter 322. Also see Inman v.
State, 916 So.2d 59 (2nd DCA 2005). In Inman, the driver was
operating a battery-powered electric scooter with two tires, two
rechargeable batteries, an adjustable-height seat, and no pedals to
allow propulsion by solely human power. The scooter’s maximum speed
was 18 miles per hour. The court in Inman stated that the
definition of “electric vehicle” in Chapter 320 is used when
applying Chapter 322, as Chapter 322 does not contain its own
definition. The definition for “electric vehicle” in Section
320.01(37) describes a motor vehicle whose electric motor draws
from a source of electrical current.
Other Small Gas-Engine Vehicles
Traffic and Equipment Requirements
Because motorized skateboards, go-carts, and other small,
gas-engine vehicles are compact, they can travel in areas that
would not accommodate other motor vehicles. Therefore, it is
important to discuss some of the legal distinctions regarding these
vehicles. For instance, the public right-of-way adjoining the paved
road is considered part of the public street or highway. Therefore,
anyone operating one of these vehicles on the right-of-way must
comply with all traffic laws. In addition, these vehicles must
comply with all equipment requirements for motor vehicles when
operated on a public highway. If one of these vehicles is driven on
a sidewalk or bike path, it is a violation of Section 316.1995.
However, this does not apply to mopeds operated solely by human
power. (See moped section). Unsupervised juveniles often operate
these vehicles. In dealing with a very young child, a law
enforcement officer may wish to consider citing the child’s parents
for a violation of Florida Statute 322.35, “Permitting an
Unauthorized Minor to Drive” which provides: “No person shall cause
or knowingly permit his or her child or ward under the age of 18
years to drive a motor vehicle upon any highway when such minor is
not authorized by the provisions of this chapter.” However, the
parent must know that the child is operating the motor vehicle on
the highway.
9
Registration Requirements Most small, gas-engine vehicles meet the
expansive definition of “motor vehicle” in Chapter 320. As such,
they are required to be registered as long as they are operated on
state roads, according to Section 320.02. Driver’s License
Requirements
Motorized skateboards, go-carts, and other small, gas-engine
vehicles appear to meet the definition of “motor vehicle” for the
purposes of Chapter 322. Therefore, operators of these vehicles
must have a driver’s license to traverse roads, streets, or
highways. A person operating a motorized wheelchair, motorized
bicycle, or regular bicycle does not need a driver’s license.
Electric Personal Assistive Mobility Devices
Traffic Rules and Equipment Requirements
Section 316.003(83) provides the definition of “electric personal
assistive mobility devices.” Electric personal assistive mobility
devices are excluded from the definition of “motor vehicle” in
316.003(21). Section 316.2068, Florida Statutes, sets forth the
regulations pertaining to Electric Personal Assistive Mobility
Devices. This statute contains a list of places where the operation
of these vehicles is allowed. This includes streets with speed
limits of 25 miles per hour or less; bicycle paths and streets
where bicycles are allowed; and sidewalks, subject to certain
rules. These vehicles may also cross intersections across roads
with higher speed limits. Riders of these vehicles who are under 16
years old must wear helmets. Registration Requirements Although
Chapter 320 does not contain a specific exemption for these
vehicles from the definition of “motor vehicle,” Section
316.2068(3) provides that electric personal assistive mobility
devices need not be registered. Attorney General Opinion 2003-44
advised that these vehicles can be operated on certain streets and
sidewalks without registration, and by an unlicensed driver.
Driver’s License Requirements Chapter 322 also does not contain a
specific exemption for electric personal assistive mobility devices
from the definition of “motor vehicle,” but Section 316.2068(2)
provides that a valid driver’s license is not required to operate
one.
10
Golf Carts With the abundance in Florida of developments and/or
retirement communities built around golf courses, it is worthwhile
to mention the statutes and cases that discuss golf carts. Golf
carts can be electric or gas-engine, so if they are not separately
defined they could potentially fall under the definitions of
low-speed vehicles or electric vehicles. Traffic Rules and
Equipment Requirements
The definition for “golf cart” in Section 316.003(68) would include
any motor vehicle built for use on a golf course for
recreation.
Section 316.212 addresses the operation of golf carts on public
roadways. Such operation is prohibited with some exceptions. If a
county or municipality designates a public street for golf cart
use, such use is permitted. If a golf course is divided by a
highway, golf carts may cross the highway to gain access to both
sides, if the Department of Transportation approves it. If a mobile
home community is divided by a highway, its residents and their
guests may cross it if the jurisdiction controlling the highway
approves it. Golf carts may only be operated between sunrise and
sunset, with some exceptions. Operators under the age of 14 may
never operate them on public roads. Section 316.212 also contains
equipment requirements for golf carts, including brakes, reliable
steering, rearview mirror, and reflectors.
Section 316.212(7) does provide that local entities may enact
additional requirements regarding golf cart operation, but this
issue was addressed in Attorney General Opinion 2004-60, which
advised that there are restrictions on this. These entities may not
institute age restrictions beyond those in Section 316.212, and
they may not make golf carts subject to the seatbelt requirements
of Sections 316.613 and 316.614.
Section 316.2125 provides a special rule for retirement
communities. Unless a county, municipality, or the Department of
Transportation prohibits it in the interest of safety, golf carts
may be operated in retirement communities if done in compliance
with the requirements in 316.212(4), (5), and (6). Registration
Requirements
The definition of “golf cart” in Section 320.01(22) is the same as
that in Section 316, but with the added requirement that its top
speed be 20 miles per hour. Section 320.105 states that golf carts
need not be registered or have license plates. Driver’s License
Requirements
As for driver’s license requirements, Section 322.04 states that
golf cart operators are not required to be licensed, as long as
they are following the rules laid out in Section 316.212. For
purposes of this section, golf carts are defined under Section
320.01.
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Conclusion
If the item in question is considered a motor vehicle under Chapter
316, then various equipment regulations apply. If it is not
considered a motor vehicle under Chapter 316 then arguably the only
regulations pertaining to it would be those specifically addressing
the item in Chapter 316. It is important to point out, however,
that many of the statutes regarding safety regulations and
obedience to traffic laws found in Chapter 316 use the term
“vehicle” as opposed to “motor vehicle.” Therefore, it is also
possible that items not within the definition of “motor vehicle”
would still be subject to the safety regulations and traffic laws,
provided they meet the definition of “vehicle.”
The distinction between these two terms was not addressed in
Attorney General Opinion 2002-47. This distinction was recognized
however, in the case of State v. Howard, 510 So.2d 612 (Fla. 3rd
DCA 1987) wherein the court recognized that although a bike was not
a motor vehicle, it was a “vehicle” within the definition of
“vehicle” in Section 316.003(75), Florida Statutes. Therefore,
since the driving under the influence statute used the term
“vehicle,” DUI on a bicycle was a violation of Section 316.193.
Keep in mind that if all references to vehicle in Chapter 316 mean
“vehicle” as defined in that chapter, rather than “motor vehicle”
then it would be a violation of 316.1995 to ride the items
described herein even on a sidewalk or bike path.
If the item is considered a “motor vehicle” under Chapter 322 then
a license is needed to drive on the highway, which includes the
shoulder of the road and any way open for vehicular traffic.
However, a driver’s license would not be required if driving on
personal property such as a back yard. Thus, there will be items
that can be operated by a minor in the back yard unless there is a
specific age requirement for operation located in the
statutes.
If the item is considered a “motor vehicle” under Chapter 320,
registration is required. If the item does not fit within the
definition of “motor vehicle” in Chapter 320, then only those
provisions relating to the specified item would apply.
Perhaps it is time to address these issues with the legislature so
that the statutes make clear what is permitted and what is not
regarding these new modes of travel used by all, including
children.
Applicable Definitions and Provisions in Chapter 316
All-Terrain Vehicle: § 316.2074(2)
Any motorized off-highway vehicle 50 inches or less in width,
having a dry weight of 900 pounds or less, designed to travel on
three or more low-pressure tires, having a seat designed to be
straddled by the operator and handlebars for steering control, and
intended for use by a single operator with no passenger.
12
All-terrain Vehicle Traffic and Equipment Rules: § 316.2074 (3) No
person under 16 years of age shall operate, ride, or be otherwise
propelled on an all- terrain vehicle unless the person wears a
safety helmet meeting United States Department of Transportation
standards and eye protection. (5) Except as provided in this
section, an all-terrain vehicle may not be operated upon the public
roads, streets, or highways of this state, except as otherwise
permitted by the managing state or federal agency. (6) An
all-terrain vehicle having four wheels may be used by police
officers on public beaches designated as public roadways for the
purpose of enforcing the traffic laws of the state. All-terrain
vehicles may also be used by the police to travel on public
roadways within 5 miles of beach access only when getting to and
from the beach. (7) An all-terrain vehicle having four wheels may
be used by law enforcement officers on public roads within public
lands while in the course and scope of their duties. (8) A
violation of this section is a non-criminal traffic infraction,
punishable as a nonmoving violation as provided in Chapter 318.
Bicycle: § 316.003(2)
Every 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 upon which any person
may ride, having two tandem wheels, and including any device
generally recognized as a bicycle though equipped with two front or
two rear wheels. The term does not include such a vehicle with a
seat height of no more than 25 inches from the ground when the seat
is adjusted to its highest position or a scooter or similar device.
No person under the age of 16 may operate or ride upon a motorized
bicycle. Bicycle Traffic and Equipment Rules: § 316.2065 (1) Every
person propelling a vehicle by human power has all of the rights
and all of the duties applicable to the driver of any other vehicle
under this chapter, except as to special regulations in this
chapter, and except as to provisions of this chapter, which by
their nature can have no application. (2) A person operating a
bicycle may not ride other than upon or astride a permanent and
regular seat attached thereto.
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(3)(a) A bicycle may not be used to carry more persons at one time
than the number for which it is designed or equipped, except that
an adult rider may carry a child securely attached to his or her
person in a backpack or sling. (b) Except as provided in paragraph
(a), a bicycle rider must carry any passenger who is a child under
4 years of age, or who weighs 40 pounds or less, in a seat or
carrier that is designed to carry a child of that age or size and
that secures and protects the child from the moving parts of the
bicycle. (c) A bicycle rider may not allow a passenger to remain in
a child seat or carrier on a bicycle when the rider is not in
immediate control of the bicycle. (d) A bicycle rider or passenger
who is under 16 years of age must wear a bicycle helmet that is
properly fitted and is fastened securely upon the passenger’s head
by a strap, and that meets the standards of the American National
Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
standards of the Snell Memorial Foundation (1984 Standard for
Protective Headgear for Use in Bicycling), or any other nationally
recognized standards for bicycle helmets adopted by the department.
As used in this subsection, the term “passenger” includes a child
who is riding in a trailer or semitrailer attached to a
bicycle.
(e) Law enforcement officers and school crossing guards may issue a
bicycle safety brochure and a verbal warning to a bicycle rider or
passenger who violates this subsection. A bicycle rider or
passenger who violates this subsection may be issued a citation by
a law enforcement officer and assessed a fine for a pedestrian
violation, as provided in s. 318.18. The court shall dismiss the
charge against a bicycle rider or passenger for a first violation
of paragraph (d) upon proof of purchase of a bicycle helmet that
complies with this subsection.
(4) No person riding upon any bicycle . . . may attach the same or
himself or herself to any vehicle upon a roadway. This subsection
does not prohibit attaching a bicycle trailer or bicycle
semi-trailer to a bicycle if that trailer or semi-trailer is
commercially available and has been designed for such
attachment.
(5)(a) Any person operating a bicycle upon a roadway at less than
the normal speed of traffic at the time and place and under the
conditions then existing shall ride as close as practicable to the
right-hand curb or edge of the roadway except under any of the
following situations:
1. When overtaking and passing another bicycle or vehicle
proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a
private road or driveway.
3. When reasonably necessary to avoid any condition, including, but
not limited to, a fixed or moving object, parked or moving vehicle,
bicycle, pedestrian, animal, surface hazard, or substandard-width
lane, that makes it unsafe to continue along the right-hand curb or
edge. For the purposes of this subsection, a “substandard-width
lane” is a lane that is too narrow for a bicycle and another
vehicle to travel safely side by side within the lane.
14
(b) Any person operating a bicycle upon a one-way highway with two
or more marked traffic lanes may ride as near the left-hand curb or
edge of such roadway as practicable. (6) Persons riding bicycles
upon a roadway may not ride more than two abreast except on paths
or parts of roadways set aside for the exclusive use of bicycles.
Persons riding two abreast may not impede traffic when traveling at
less than the normal speed of traffic at the time and place, and
under the conditions then existing, and shall ride within a single
lane. (7) Any person operating a bicycle shall keep at least one
hand upon the handlebars. (8) Every bicycle in use between sunset
and sunrise shall be equipped with a lamp on the front exhibiting a
white light visible from a distance of at least 500 feet to the
front and a lamp and reflector on the rear each exhibiting a red
light visible from a distance of 600 feet to the rear. A bicycle or
its rider may be equipped with lights or reflectors in addition to
those required by this section. (9) No parent of any minor child
and no guardian of any minor ward may authorize or knowingly permit
any such minor child or ward to violate any of the provisions of
this section. (10) A person propelling a vehicle by human power
upon and along a sidewalk, or across a roadway upon and along a
crosswalk, has all the rights and duties applicable to a pedestrian
under the same circumstances. (11) A person propelling a bicycle
upon and along a sidewalk, or across a roadway upon and along a
crosswalk, shall yield the right-of-way to any pedestrian and shall
give an audible signal before overtaking and passing such
pedestrian. (13) This section shall not apply upon any street while
set aside as a play street authorized herein or as designated by
state, county, or municipal authority. (14) Every bicycle shall be
equipped with a brake or brakes which will enable its rider to stop
the bicycle within 25 feet from a speed of 10 miles per hour on
dry, level, clean pavement. (16)(a) A person may not knowingly rent
or lease any bicycle to be ridden by a child who is under the age
of 16 years unless:
1. The child possesses a bicycle helmet; or 2. The lessor provides
a bicycle helmet for the child to wear.
15
(b) A violation of this subsection is a nonmoving violation,
punishable as provided in s. 318.18.
(19) The failure of a person to wear a bicycle helmet or the
failure of a parent or guardian to prevent a child from riding a
bicycle without a bicycle helmet may not be considered evidence of
negligence or contributory negligence. Electric Personal Assistive
Mobility Device: § 316.003(83)
Any self-balancing, two-non-tandem-wheeled device, designed to
transport only one person, with an electric propulsion system with
average power of 750 watts (1 horsepower), the maximum speed of
which, on a paved level surface when powered solely by such a
propulsion system while being ridden by an operator who weighs 170
pounds, is less than 20 miles per hour. Electric personal assistive
mobility devices are not vehicles as defined in this section.
Electric Personal Assistive Mobility Device Traffic, Equipment, and
Licensing Rules: § 316.2068
(1) An electric personal assistive mobility device, as defined in
s. 316.003, may be operated: (a) On a road or street where the
posted speed limit is 25 miles per hour or less.
(b) On a marked bicycle path.
(c) On any street or road where bicycles are permitted.
(d) At an intersection, to cross a road or street even if the road
or street has a posted speed limit of more than 25 miles per
hour.
(e) On a sidewalk, if the person operating the device yields the
right-of-way to pedestrians and gives an audible signal before
overtaking and passing a pedestrian.
(2) A valid driver’s license is not a prerequisite to operating an
electric personal assistive mobility device.
(3) Electric personal assistive mobility devices need not be
registered and insured in accordance with s. 320.02.
(4) A person who is under the age of 16 years may not operate,
ride, or otherwise be propelled on an electric personal assistive
mobility device unless the person wears a bicycle helmet that is
properly fitted, that is fastened securely upon his or her head by
a strap, and that meets the standards of the American National
Standards Institute (ANSI Z Bicycle Helmet Standards), the
standards of the Snell Memorial Foundation (1984 Standard for
Protective Headgear for Use in Bicycling), or any other nationally
recognized standards for bicycle helmets which are adopted by the
department.
16
(5) A county or municipality may prohibit the operation of electric
personal assistive mobility devices on any road, street, or bicycle
path under its jurisdiction if the governing body of the county or
municipality determines that such a prohibition is necessary in the
interest of safety. (6) The Department of Transportation may
prohibit the operation of electric personal assistive mobility
devices on any road under its jurisdiction if it determines that
such a prohibition is necessary in the interest of safety. Golf
Cart: § 316.003(68) A motor vehicle designed and manufactured for
operation on a golf course for sporting or recreational purposes.
Golf Cart Traffic and Equipment Rules: § 316.212
The operation of a golf cart upon the public roads or streets of
this state is prohibited except as provided herein: (1) A golf cart
may be operated only upon a county road that has been designated by
a county, or a municipal street that has been designated by a
municipality, for use by golf carts. . . .Upon a determination that
golf carts may be safely operated on a designated road or street,
the responsible governmental entity shall post appropriate signs to
indicate that such operation is allowed. (2) A golf cart may be
operated on a part of the State Highway System only under the
following conditions: (a) To cross a portion of the State Highway
System which intersects a county road or municipal street that has
been designated for use by golf carts if the Department of
Transportation has reviewed and approved the location and design of
the crossing and any traffic control devices needed for safety
purposes. (b) To cross, at mid-block, a part of the State Highway
System where a golf course is constructed on both sides of the
highway if the Department of Transportation has reviewed and
approved the location and design of the crossing and any traffic
control devices needed for safety purposes. (c) A golf cart may be
operated on a state road that has been designated for transfer to a
local government unit pursuant to s. 335.0415 if the Department of
Transportation determines that the operation of a golf cart within
the right-of-way of the road will not impede the safe and efficient
flow of motor vehicular traffic. The department may authorize the
operation of golf carts on such a road if:
17
1. The road is the only available public road along which golf
carts may travel or cross or the road provides the safest travel
route among alternative routes available; and 2. The speed, volume,
and character of motor vehicular traffic using the road is
considered in making such a determination. Upon its determination
that golf carts may be operated on a given road, the department
shall post appropriate signs on the road to indicate that such
operation is allowed.
(3) Any other provision of this section to the contrary
notwithstanding, a golf cart may be operated for the purpose of
crossing a street or highway where a single mobile home park is
located on both sides of the street or highway and is divided by
that street or highway, provided that the governmental entity
having original jurisdiction over such street or highway shall
review and approve the location of the crossing and require
implementation of any traffic controls needed for safety purposes.
This subsection shall apply only to residents or guests of the
mobile home park. Any other provision of law to the contrary
notwithstanding, if notice is posted at the entrance and exit to
any mobile home park that residents of the park utilize golf carts
or electric vehicles within the confines of the park it shall not
be necessary that the park have a gate or other device at the
entrance and exit in order for such golf carts or electric vehicles
to be lawfully operated in the park. (4) A golf cart may be
operated only during the hours between sunrise and sunset, unless
the responsible governmental entity has determined that a golf cart
may be operated during the hours between sunset and sunrise and the
golf cart is equipped with headlights, brake lights, turn signals,
and a windshield. (5) A golf cart must be equipped with efficient
brakes, reliable steering apparatus, safe tires, a rearview mirror,
and red reflectorized warning devices in both the front and rear.
(6) A golf cart may not be operated on public roads or streets by
any person under the age of 14. (7) A local governmental entity may
enact an ordinance regarding golf cart operation and equipment
which is more restrictive than those enumerated in this section.
Upon enactment of any such ordinance, the local governmental entity
shall post appropriate signs or otherwise inform the residents that
such an ordinance exists and that it shall be enforced within the
local government’s jurisdictional territory. An ordinance referred
to in this section must apply only to an unlicensed driver. (8) A
violation of this section is a non-criminal traffic infraction,
punishable pursuant to Chapter 318 as a moving violation for
infractions of subsection (1), subsection (2), subsection (3),
subsection (4), or a local ordinance corresponding thereto and
enacted pursuant to subsection (7), or punishable pursuant to
Chapter 318 as a nonmoving violation for infractions of subsection
(5), subsection (6), or a local ordinance corresponding thereto and
enacted pursuant to subsection (7).
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Low-Speed Vehicles: See definition in Florida Statute
320.01(42)
Low-speed Vehicle Traffic, Equipment, and Licensing Rules: §
316.2122
The operation of a low-speed vehicle, as defined in s. 320.01(42),
on any road as defined in s. 334.03(15) or (33), is authorized with
the following restrictions: (1) A low-speed vehicle may be operated
only on streets where the posted speed limit is 35 miles per hour
or less. This does not prohibit a low-speed vehicle from crossing a
road or street at an intersection where the road or street has a
posted speed limit of more than 35 miles per hour. (2) A low-speed
vehicle must be equipped with headlamps, stop lamps, turn signal
lamps, tail lamps, reflex reflectors, parking brakes, rearview
mirrors, windshields, seat belts, and vehicle identification
numbers. (3) A low-speed vehicle must be registered and insured in
accordance with s. 320.02. (4) Any person operating a low-speed
vehicle must have in his or her possession a valid driver’s
license. (5) A county or municipality may prohibit the operation of
low-speed vehicles on any road under its jurisdiction if the
governing body of the county or municipality determines that such
prohibition is necessary in the interest of safety. (6) The
Department of Transportation may prohibit the operation of
low-speed vehicles on any road under its jurisdiction if it
determines that such prohibition is necessary in the interest of
safety. Moped: § 316.003(77) 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.
Moped Traffic and Equipment Rules - § 316.208:
(1) Any person operating a motorcycle or moped shall be granted all
of the rights and shall be subject to all of the duties applicable
to the driver of any other vehicle under this chapter, except as to
special regulations in this chapter and except as to those
provisions of this chapter which by their nature can have no
application.
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(2)(a) Any person operating a moped upon a roadway at less than the
normal speed of traffic at the time and place and under the
conditions then existing shall ride as close as practicable to the
right-hand curb or edge of the roadway except under any of the
following situations:
1. When overtaking or passing another vehicle proceeding in the
same direction.
2. When preparing for a left turn at an intersection or into a
private road or driveway.
3. When reasonably necessary to avoid any condition, including, but
not limited to, a fixed or moving object, parked or moving vehicle,
bicycle, pedestrian, animal, surface hazard, or substandard-width
lane, that makes it unsafe to continue along the right-hand curb or
edge. For purposes of this paragraph, a “substandard-width lane” is
a lane that is too narrow for a moped and another vehicle to travel
safely side by side within the lane.
(b) Any person operating a moped upon a one-way highway with two or
more marked traffic lanes may ride as near the left-hand curb or
edge of such roadway as practicable. (3) A person propelling a
moped solely by human power upon and along a sidewalk, or across a
roadway upon and along a crosswalk, has all the rights and duties
applicable to a pedestrian under the same circumstances, except
that such person shall yield the right-of- way to any pedestrian
and shall give an audible signal before overtaking and passing a
pedestrian.
(4) No person shall propel a moped upon and along a sidewalk while
the motor is operating.
(5) A violation of this section is a non-criminal traffic
infraction, punishable as a moving violation as provided in Chapter
318. § 316.2085:
(1) A person operating a motorcycle or moped shall ride only upon
the permanent and regular seat attached thereto, and such operator
shall not carry any other person, nor shall any other person ride
on a motorcycle or moped, unless such motorcycle or moped is
designed to carry more than one person, in which event a passenger
may ride upon the permanent and regular seat if designed for two
persons or upon another seat firmly attached to the motorcycle or
moped at the rear or side of the operator.
(2) A person shall ride upon a motorcycle or moped only while
sitting astride the seat, facing forward, with one leg on each side
of the motorcycle or moped.
(3) 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.
(4) No operator shall carry any person, nor shall any person ride,
in a position that will interfere with the operation or control of
the motorcycle or moped or the view of the operator.
(5) A person under 16 years of age may not:
20
(a) Operate a motorcycle that has a motor with more than 150 cubic
centimeters displacement.
(b) Rent a motorcycle or a moped.
(6) A violation of this section is a non-criminal traffic
infraction, punishable as a moving violation as provided in Chapter
318. § 316.211:
(4) A person under 16 years of age may not operate or ride upon a
moped unless the person is properly wearing protective headgear
securely fastened upon his or her head which complies with Federal
Motorcycle Vehicle Safety Standard 218 promulgated by the United
States Department of Transportation.
(5) The department shall make available a list of protective
headgear approved in this section, and the list shall be provided
on request.
(6) A violation of this section is a non-criminal traffic
infraction, punishable as a nonmoving violation as provided in
Chapter 318. Motorcycle: § 316.003(22)
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. Motorized
Scooter: § 316.003(82)
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. Motor Vehicle: § 316.003(21) Any self–propelled
vehicle not operated upon rails or guideway, but not including any
bicycle, motorized scooter, electric personal assistive mobility
device, or moped.
Street or Highway: § 316.003(53)
(a) The entire width between the boundary lines of every way or
place whatever nature when any part thereof is open to the use of
the public for purposes of vehicular traffic; (b) The entire width
between the boundary lines of any privately owned way or place used
for vehicular travel by the owner and those having express or
implied permission from the owner, but not by other persons, or any
limited access road owned or controlled by a special district,
whenever . . , a county or municipality exercises traffic control
jurisdiction over said way or place;
21
(c) Any area, such as a runway, taxiway, ramp, clear zone, or
parking lot, within the boundary of any airport owned by the state,
a county, a municipality, or a political subdivision, which area is
used for vehicular traffic but which is not open for vehicular
operation by the general public; or
(d) Any way or place used for vehicular traffic on a controlled
access basis within a mobile home park recreation district . . .and
the recreational facilities of which district are open to the
general public. Vehicle: § 316.003(75)
Every device in, upon, or by which any person or property is or may
be transported or drawn upon a highway, excepting devices used
exclusively upon stationary rails or tracks. Vehicle Licensing
Requirement: § 316.605(1)
Every vehicle, at all times while driven, stopped, or parked upon
any highways, roads, or streets of this state, shall be licensed in
the name of the owner thereof in accordance with the laws of this
state. . . .
Applicable Definitions and Provisions Pursuant to Chapter 320
Electric Vehicle: 320.01(37)
A motor vehicle that is powered by an electric motor that draws
current from rechargeable storage batteries, fuel cells, or other
sources of electrical current.
Golf Cart: § 320.01(22)
A motor vehicle that is designed and manufactured for operation on
a golf course for sporting or recreational purposes and that is not
capable of exceeding speeds of 20 miles per hour. Golf Cart
Exemption: § 320.105 Golf carts and utility vehicles, as defined in
s. 320.01, when operated in accordance with s. 316.212 or s.
316.2126, are exempt from provisions of this chapter which require
the registration of vehicles or the display of license plates.
License taxes on Motorcycles and Mopeds: § 320.08
Except as otherwise provided herein, there are hereby levied and
imposed annual license taxes for the operation of motor vehicles,
mopeds, motorized bicycles as defined in s. 316.003(2), and mobile
homes, as defined in s. 320.01, which shall be paid to and
collected by the department or its agent upon the registration or
renewal of registration of the following:
22
(a) Any motorcycle: $10 flat.
(b) Any moped: $5 flat.
(c) Upon registration of any motorcycle, motor-driven cycle, or
moped there shall be paid in addition to the license taxes
specified in this subsection a nonrefundable motorcycle safety
education fee in the amount of $2.50. The proceeds of such
additional fee shall be deposited in the Highway Safety Operating
Trust Fund and be used exclusively to fund a motorcycle driver
improvement program implemented pursuant to s. 322.025 or the
Florida Motorcycle Safety Education Program established in s.
322.0255.
(d) An ancient or antique motorcycle: $10 flat.
Low-Speed Vehicle: § 320.01(42) Any four-wheeled electric vehicle
whose top speed is greater than 20 miles per hour but not greater
than 25 miles per hour, including neighborhood electric vehicles.
Low-speed vehicles must comply with the safety standards in 49
C.F.R. s. 571.500 and s. 316.2122. Moped: § 320.01(28)
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. Moped License
Plates: § 320.0803
(1) Any other provision of law to the contrary notwithstanding,
registration and payment of license taxes in accordance with these
requirements and for the purposes stated herein shall in no way be
construed as placing any requirements upon mopeds other than the
requirements of registration and payment of license taxes.
(2) Each request for a license plate for a moped shall be submitted
to the department or its agent on an application form supplied by
the department, accompanied by the license tax required in s.
320.08. (3) The license plate for a moped shall be 4 inches wide by
7 inches long. (4) A license plate for a moped shall be of the same
material as license plates issued pursuant to s. 320.06; however,
the word “Florida” shall be stamped across the top of the plate in
small letters.
23
Motor Vehicle: § 320.01(1)(a) An automobile, motorcycle, truck,
trailer, semi-trailer, truck tractor and semi-trailer combination,
or any other vehicle operated on the roads of this state, used to
transport persons or property, and propelled by power other than
muscular power, but the term does not include traction engines,
road rollers, such vehicles as run only upon a track, bicycles, or
mopeds. Motorized Disability Access Vehicle: § 320.01(34)
A vehicle designed primarily for handicapped individuals with
normal upper body abilities and designed to be fueled by gasoline,
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.
Registration Requirement: § 320.02(1)
Except as otherwise provided in this chapter, every owner or person
in charge of a motor vehicle which is operated or driven on the
roads of this state shall register the vehicle in this state. Road:
§ 320.01(16)
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. Utility Vehicle: §
320.01(43)
A motor vehicle designed and manufactured for general maintenance,
security, and landscaping purposes, but the term does not include
any vehicle designed or used primarily for the transportation of
persons or property on a street or highway, or a golf cart, or an
all- terrain vehicle as defined in s. 316.2074.
Applicable Definitions and Provisions Pursuant to Chapter 322
Drive: § 322.01(15)
To operate or be in actual physical control of a motor vehicle in
any place open to the general public for purposes of vehicular
traffic.
24
Driver’s License: § 322.01(16)
A certificate which, subject to all other requirements of law,
authorizes an individual to drive a motor vehicle. Driver’s License
Requirement: § 322.02 Except as otherwise authorized in this
chapter, a person may not drive any motor vehicle upon a highway in
this state unless such person has a valid driver’s license under
the provisions of this chapter. Exempt Persons: § 322.04(e)
Any person operating a golf cart, as defined in s. 320.01, which is
operated in accordance with the provisions of s. 316.212.
Motorcycle: § 322.01(25)
A motor vehicle powered by a motor with a displacement of more than
50 cubic centimeters, 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 moped.
Motorcycle Endorsement Requirement: § 322.03(4)
A person may not operate a motorcycle unless he or she holds a
driver’s license that authorizes such operation, subject to the
appropriate restrictions and endorsements. Motor Vehicle: §
322.01(26)
Any 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 s. 316.003. Street or Highway: §
322.01(38)
The entire width between the boundary lines of a way or place if
any part of that way or place is open to public use for purposes of
vehicular traffic. Vehicle: § 322.01(42)
Every device in, upon, or by which any person or property is or may
be transported or drawn upon a public highway or operated upon
rails or guideway, except a bicycle, motorized wheelchair, or
motorized bicycle.
25
Motor Vehicle: § 324.021
Every self-propelled vehicle which is designed and required to be
licensed for use upon a highway, including trailers and
semi-trailers designed for use with such vehicles, except traction
engines, road rollers, farm tractors, power shovels, and well
drillers, and every vehicle which is propelled by electric power
obtained from overhead wires but not operated upon rails, but not
including any bicycle or moped. However, the term “motor vehicle”
shall not include any motor vehicle as defined in s. 627.732(3)
when the owner of such vehicle has complied with the requirements
of ss. 627.730-627.7405, inclusive, unless the provisions of s.
324.051 apply; and, in such case, the applicable proof of insurance
provisions of s. 320.02 apply.
Summary Chart
The following chart is a breakdown of the laws pertaining to most
types of motorized vehicles. This chart is a reference tool, which
will help you to quickly and easily check the requirements for
motorized vehicles.
F.S. Chapter 316 Is Item “Motor Vehicle”?
F.S. Chapter 322 Driver’s License Required?
F.S. Chapter 320 Vehicle Registration Required?
Is there an age restriction for operation?
Helmet Required?
Gopeds and Motorized Scooters
No** Yes Yes, but no mechanism in place to register them
No No
Motorized Bicycles
No - But must comply with 316.2065**
No No Yes - operator must be 16 years of age or older
Required if person under 16 years of age
Mopeds No, but they must comply with 316.208, 316.211 and
316.2085**
Yes Yes - They must comply with 320.08
No Required if person under 16 years of age
*ATVs Yes - ATV must comply with 316.2074**
Yes - However, statute now prohibits their operation on the
highways
No No Required if person under 16 years of age