New Motorcycle Laws in Florida - Effective Oct 1st

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CarlS

CarlS

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[size=16pt]ADVISORY BULLETIN​


Florida Association of Court Clerks/Comptrollers



REF: HB 137 (ch. 2008-117, Laws of Florida) DATE: August 20, 2008 NO: 08-058

FILE NO. F02-008-080820-01 TELEPHONE: (850) 921-0808 CONTACT: B. Allman PAGE 1 OF 1





Effective October 1, 2008, HB 137 revises the traffic laws to create a few more penalties. This short bill was particularly focused on unsafe motorcycle activities, but it does include a provision for excessive speed. The new law also provides penalties for the first, second, third or subsequent violations. The Distribution Chart found on the FACC website will be updated to reflect the amounts for the first and second offenses in the Traffic section. The third and subsequent offense is classified as a third degree felony with a $5,000 fine and will appear in the Criminal Traffic section of the chart.



New Violations:

316.2085(2) Motorcycle or moped, wheels losing contact with ground

This is classified as a moving violation.

First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation.

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

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



316.2085(3) Motorcycle or moped license tag improperly affixed (must be mounted horizontal)

This is classified as a moving violation.

First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation.

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

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



316.1926 (2) A person who exceeds the speed limit in excess of 50 mph or more in violation of ss.

316.183(2) (posted speeds), 316.187(state speed zones), or 316.189 (municipal and county speeds)

This is classified as a moving violation.

First Offense: the violator must pay a fine of $1,000 plus court costs.

Second Offense: the violator must pay a fine of $2,500 plus court costs and the driver license must be revoked for a period of one year.

Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.
 
This draconian law targets squids on sportbikes but also affects choppers. It is watered down from the original version that included, not impoundment, but out right confiscation of motorcycles. Originally the 50 over the speed limit only apllied to bikes; it now applies to all vehicles.
 
Going to cost you a fortune if your doing 80 mph on the back wheel and your lience tag comes loose. Must be a few ideas from Brit Police Talibahn crossing the pond.
 
Yep, you would be in deep doo-doo. :y114: However if you were doing 80 mph in a 70 mph zone, you might not even be stopped. The way I see it is that I need to be on the interstate (70 mph) when I break the ton. As long as I'm under 120 mph, the new law does not kick in.

This originated in SE Florida where squids in the heavy MIami area traffic were pulling there stunts with immunity because LEO could not pursue them due to the traffic. It amazes me that our "learned" folks in the law making arena, will pass laws thinking that this will solve the problem, when all it will do is cause more headaches for the law abiding folks out there. Do they really think that if they pass a law all the idiots will suddenly stop what they are/are not doing. There were already laws on the books that would cover this, and look what good that did. This is just like the other popular laws we see discussed everywhere, the good guys obey, the other don't, never have, never will. A waste of ink, and paper and a great waste of tax money to enact inane laws.
 
I must say that I agree, in theory, with the wheelie thing and the speed thing, but, as Carl mentioned, we already have laws that cover reckless operation of any motor vehicle. If these were enforced properly, the message would be sent to those who had the intelligence to understand and obey, but, last week, for example, I was on a main artery of my city when a squid rolled up beside me, constantly revving his engine to impress me (fat chance). I was on my T-bird and he just wanted to show me that his bike was faster, and he was a superb rider, I guess. When the light changed, he took off on one wheel and then zigzagged his way up the road. All this was done with a Sheriff's Dept. car at the intersection....no move on the deputy's part at all. Go figure.

Like Carl said, those that are going to do stupid things are going to continue to do stupid things, and those that try to stay somewhat within the law will be more cautious or will get stopped for much less serious issues.

I agree, Carl, a total waste of ink, paper and taxpayer's money..

OK, I'll get off my soapbox now....lol.
 
Gary, add discriminatory to that, also. The license tag portion applies only to bikes and is a moving violation. Moving violation = points. An improperly displayed tag or no tag in cage is a non moving violation.
 
AMA and ABATE both worked on it. What we have now is the "watered" down version and it is law. I am hoping some of it will be challenged in court.
 
[quote author=stevethelondoner link=topic=1765.msg12069#msg12069 date=1221526770]
Carl,

no more wheelies on that Bonny mate... :grin:

Ride safe
[/quote]

Does that mean I can't fly the hack either? :y114:
 
I once saw a squid do a wheelie on the freeway at around 70-75 mph for about 2 or 3 miles. Pretty stupid, but i must admit i was rather entertained by it ! I suppose if he was caught in Florida his days as an entertainer would be over tho. :grin:
 
Heck no, it won't stop it. If anything, it will make the squids run faster because they know that, if they are caught, they are in serious trouble.
 
It is typical liberal "feel good" legislation designed to make it look like the legislators are responding to the people and it satisfied the growing anti-bike sentiment. It does zero at reducing the actions of squids and making the highways safer. It also opens up the potential for serious abuse abuse by over zealous LEO's such as the one Dilligaf encountered. This is not a slam against LEO's; the vast majority of them are fine, fair folks doing a hard job with pay that does not even begin to compensate for their risks.
 
I agree with you completely Carl, the stroke of a pen on a piece of paper is worthless unless it's enforced.
A civic election is going on here in my city and one candidate wants to reduce the city speed limit from 50 kph to 40 kph (30 mph and 25 mph).
The speed limit isn't being enforced to any great degree now so does she think this new law will be magic and immediately slow the speeders down? I'm quite sure law enforcement won't change!
I don't know whick irks me the most, politicians or careless lane jumping speeders :y40:
 
What is the law on your side of the pond regarding Toll Fees? Do bikes pay the same as cars? I ask this question because in our province of Gauteng, which by the way is tiny, they are busy upgrading the roads and plan to add an additional 38 toll booths around Johannesburg. If you do the "loop" around town at an average of R3.00 per booth that will cost an extra R114.00 per time. For people that commute by scoot that is an additional R228.00 PER DAY.

We use the hi-ways (doing the loop) at least 3 times per day - our customers are mainly out that way. This is going to cost our business an additional R7695.00 per month at least!! You can double that for trucks which is going to have a huge impact on delivery costs.

But back to my point - why should scoots pay the same as a car towing a caravan?
 
Lioness, that varies by state and even varies within a state by separate toll authorities. In Florida, we pay the same toll as cages on most toll roads. The toll charges in Florida are per axle and a bike has two axles like a cage. A cage towing a trailer will pay additional charges depending on the number of axles the trailer has. I bike towing a trailer will also pay additional charges.
 
I forgot to add that bikes are usually permitted to use HOV (High Occupancy Vehicle) lanes. These are lanes reserved for vehicles with two or more or sometimes three or more occupants. The idea is to encourage car pooling. I use these lanes when traveling through the Atlanta, Georgia area. There is a big fine for using the HOV lane if you only have one person in the vehicle. And LEO's target those offenders - even letting speeders go to bust an HOV offender.
 

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