The Rap Sheet. Legal News for Law Enforcement in Brevard and Seminole Counties

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1 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 Message from State Attorney Norm Wolfinger 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 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. 1

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 (21). However, since the Riley decision, the Florida legislature revised the definition of motor vehicle in Section (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 , 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 ) 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 (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 ) 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. 2

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 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 , 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 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 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 (26). Thus, a driver s license was required. Gopeds and motorized scooters are still classified as motor vehicles under Section (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 (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 (21) excludes bicycles from the definition of motor vehicle. Section (2) does, however, provide that no person under the age of 16 may operate or ride upon a motorized bicycle. 3

4 Section , 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 , 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 (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 (26) and the definition of vehicle in Section (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 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 (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 (21), and are defined separately in Section (77). 4

5 Mopeds may be operated on the streets and highways pursuant to the requirements in Sections and Section 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 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 (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 , no child restraints are required for young riders. According to Section (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 (1), and are defined separately in Section (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 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). 5

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 (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 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 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 restricting ATVs from highway operation, the windshield requirement contained in (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. 6

7 Registration Requirements ATVs are included in the definition of motor vehicle in Chapter 320. However, Section , 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 , 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. Offhighway 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 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 and Section Section 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 (1). As such, they are required to be registered by Section Section (3) also requires that low-speed vehicles be registered. Section , by reference to Section provides the registration requirements for both low-speed and electric vehicles. 7

8 Driver s License Requirements As low-speed vehicles fall under the definition of motor vehicle in Section (26), a driver s license is required to operate them on public roads. Additionally, Section (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 (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 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 , 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. 8

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 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 (83) provides the definition of electric personal assistive mobility devices. Electric personal assistive mobility devices are excluded from the definition of motor vehicle in (21). Section , 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 (3) provides that electric personal assistive mobility devices need not be registered. Attorney General Opinion 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 (2) provides that a valid driver s license is not required to operate one. 9

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 (68) would include any motor vehicle built for use on a golf course for recreation. Section 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 also contains equipment requirements for golf carts, including brakes, reliable steering, rearview mirror, and reflectors. Section (7) does provide that local entities may enact additional requirements regarding golf cart operation, but this issue was addressed in Attorney General Opinion , which advised that there are restrictions on this. These entities may not institute age restrictions beyond those in Section , and they may not make golf carts subject to the seatbelt requirements of Sections and Section 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 (4), (5), and (6). Registration Requirements The definition of golf cart in Section (22) is the same as that in Section 316, but with the added requirement that its top speed be 20 miles per hour. Section states that golf carts need not be registered or have license plates. Driver s License Requirements As for driver s license requirements, Section states that golf cart operators are not required to be licensed, as long as they are following the rules laid out in Section For purposes of this section, golf carts are defined under Section

11 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 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 (75), Florida Statutes. Therefore, since the driving under the influence statute used the term vehicle, DUI on a bicycle was a violation of Section 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 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: (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. 11

12 All-terrain Vehicle Traffic and Equipment Rules: (3) No person under 16 years of age shall operate, ride, or be otherwise propelled on an allterrain 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: (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: (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. 12

13 (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 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. 13

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. 14

15 (b) A violation of this subsection is a nonmoving violation, punishable as provided in s (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: (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: (1) An electric personal assistive mobility device, as defined in s , 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 (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. 15

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: (68) A motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes. Golf Cart Traffic and Equipment Rules: 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 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: 16

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). 17

18 Low-Speed Vehicles: See definition in Florida Statute (42) Low-speed Vehicle Traffic, Equipment, and Licensing Rules: The operation of a low-speed vehicle, as defined in s (42), on any road as defined in s (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 (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: (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 : (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. 18

19 (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-ofway 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 : (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: 19

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 : (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: (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: (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: (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: (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; 20