Re-Updated Warning For Out-of-staters Headed To Daytona Bike Week: New Florida Laws Carry Heavy Fines For Wheelies/Stoppies, Relocated License Plates

Re-Updated Warning For Out-of-staters Headed To Daytona Bike Week: New Florida Laws Carry Heavy Fines For Wheelies/Stoppies, Relocated License Plates

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FIRST PERSON/OPINION Via e-mail: A PSA for motorcyclists attending Bikeweek at Daytona. In October, 2008, Florida Legislature passed a couple new laws that out-of-state riders might be interested to know about to be prepared for riding in Florida. The first is the new penalty for a motorcycle or moped with a wheel that loses contact with the road (i.e. wheelie/stoppie) is $1,141.00. The second infraction of this traffic code costs more than double that amount. For the third infraction I would recommend relocating to another state, and possibly learning some common sense. Most shocking though is the non-moving infraction for having an improperly mounted license plate. The plate must be at least 18″ above the ground, be centrally located, be mounted horizontally, not vertically, be rigidly mounted, and be clearly visible from any angle behind the motorcycle. This means that plates mounted forward of the rear wheel, or on either side of the motorcycle, are in violation of the law. Basically, the plate needs to be in its original location. Also, if a plate is mounted on a pivoting hanger it is in violation of this vehicle code. The first time violation of this code is a fine of $1,141.00. The second infraction costs $2,500.00, the third costs $5,000 and loss of motorcycle license endorsement for 10 years. I found this out nearly the hard way today. Fortunately for me, the Palm Beach County Sheriff who stopped me for my improperly mounted plate is a motorcyclist and is sensitive to providing lead time for riders and drivers to modify their behavior for new laws. I was issued a warning. Not all Florida law enforcement officers are as thoughtful of your finances as this officer is. The fine in Florida for not wearing a helmet is $0. There is no helmet law in Florida. I was wearing a full-face helmet when I was stopped. Peter Jones Wellington, Florida And now, some reader reaction: FIRST PERSON/OPINION Via e-mail: After reading Peter Jones’ warning, I went out to the garage and threw a measuring tape on the plate on my new Vespa LXV150. Sixteen inches to the top of the plate. I guess this means most scooter riders in Florida are lawbreakers. Fortunately I haven’t yet figured out how to get it to wheelie. Alan Singer Jacksonville, Florida FIRST PERSON/OPINION Via e-mail: I read the above post article and wanted to do a little digging. I do not doubt the writer’s experience, but just to make sure your readers are aware of the actual text of the law, I went right to the source. The actual law is a little different than portrayed. The changes to the law were part of House Bill 137 and they were amendments to Title 23, Chapter 316,Section 2085 (Riding Motor Cycles and Mopeds), Paragraphs 2 and 3 as below: (2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator. (3) The license tag of a motorcycle or moped must be permanently affixed horizontally to the ground and may not be adjusted or capable of being flipped up. The writer states the officer informed him that the plate must be a minimum of 18″ from the ground, be centrally located and be viewed from any angle but this does not seem to be the case. The following is from Title 23, Chapter 316, Section 605, Paragraph 1 and describes the state’s requirements for plates: (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 unless such vehicle is not required by the laws of this state to be licensed in this state and shall, except as otherwise provided in s. 320.0706 for front-end registration license plates on truck tractors and s. 320.086(5) which exempts display of license plates on described former military vehicles, display the license plate or both of the license plates assigned to it by the state, one on the rear and, if two, the other on the front of the vehicle, each to be securely fastened to the vehicle outside the main body of the vehicle not higher than 60 inches and not lower than 12 inches from the ground and no more than 24 inches to the left or right of the centerline of the vehicle, and in such manner as to prevent the plates from swinging, and all letters, numerals, printing, writing, and other identification marks upon the plates regarding the word “Florida,” the registration decal, and the alphanumeric designation shall be clear and distinct and free from defacement, mutilation, grease, and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front. Vehicle license plates shall be affixed and displayed in such a manner that the letters and numerals shall be read from left to right parallel to the ground. No vehicle license plate may be displayed in an inverted or reversed position or in such a manner that the letters and numbers and their proper sequence are not readily identifiable. Nothing shall be placed upon the face of a Florida plate except as permitted by law or by rule or regulation of a governmental agency. No license plates other than those furnished by the state shall be used. However, if the vehicle is not required to be licensed in this state, the license plates on such vehicle issued by another state, by a territory, possession, or district of the United States, or by a foreign country, substantially complying with the provisions hereof, shall be considered as complying with this chapter. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. As plate mounting requirements are state mandated, except for a plate being obscured the police in Florida can not write a ticket for plate mounting to an out of state resident. They can hassle you, but can’t ticket you. If squids didn’t ride like morons and intentionally hide their plates, none of this would have happened. Ray Hagemann Belford, New Jersey

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