errrrr
Posted by Christopher Burks on Friday, June 12, 2009
Under: the trip
I am writing this chapter with sadness and anger but please know that I still have hope to do this again one day on a bigger and greater level.
Scooter drivers who obey the law beware do not, I repeat do not drive through Hampton FL. Why you may ask? Officer Donaldson badge no.507 is a prick who does not know the law as they are written in the Florida statute from the secretary of state at the end of this I will post a link or copy and past the laws and you tell me if I should have gotten this ticket. Once again scooter drivers and anyone in general stay away from Hampton FL.
Today I was driving north on us301. It is just a normal road way with split sides, not an interstate road I had just left the village limits when I heard the siren of a police car. I pull over into the grass and stop my bike and proceed to give the officer my drivers license and registration upon request. Knowing the laws of FL I knew that I had done nothing wrong so I was ready to get on my way in a few minutes… those minutes turned into about a half an hr and then I knew something was up. The officer told me that it was illegal for me to be driving on this road I asked why and said this is not an interstate road and as far as I knew as long as I stayed at the far right I was in the right. He told me that the shoulder of the road is not for scooters. But officer as far as I see it by the law that I have read it is where I have to drive when I can not reach the speed of the traffic. No he says that is not a shoulder it is an emergency vehicle lane. So the conversation continues in my head because I had several things I dare not say to him like so your emergency vehicles are only 3 feet wide you must have some small dicks riding in them…bastard.
So my ticket was him telling me he let me off easy. $151.00 easy my infraction that he wrote on the ticket was fail to use designated lane driving motor vehicle in emergency lane not lane of travel. There is a part on the ticket that tells me the state statute that I was in violation of (please follow close this is where it gets bogus) FL state statute 316.089(3) (you can google search this stuff) says this.
(3) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway; and drivers of vehicles shall obey the directions of every such device.
…. Ok so this is a law that tells people what to do when theirs construction or an accident… none of that happened today. I was driving on the side of the road going as fast as my scooter would allow me to go 29mph. Ok please read the laws for a 50cc or under bike for the state of FL…
If 50 cc or less, these vehicles are not motorcycles by driver license law definition, S. 322.01(25), F.S., so a motorcycle endorsement is not required per S. 322.03(4), F.S.; however, to operate them on streets and roadways, you must be at least 16 years old and hold at least a regular operator (Class E) or “Motorcycle Only” driver license. (Reason: Even though these vehicles are 50 cc or less, they still fall under the driver license law definition of “Motor Vehicle” and a driver license is required to operate a “motor vehicle.”) SS.322.03(1), 322.01(26) and 322.05(1), F.S.
Is a license required to operate GoPeds, motorized scooters/skateboards, go-carts or other small engine vehicles?
These vehicles are not designed for operation on public roads. If they are operated on public roads, law enforcement officers can ask to see a valid driver license because these vehicles are “Motor Vehicles” under driver license law. S.322.01(26), F.S. A driver license is required to operate motor vehicles. S. 322.03, F.S.
Are you required to wear a helmet & eye protection to ride motorcycles? How about mopeds and scooters?
1. Motorcycles: Those 21 years old and older can ride without a helmet if they carry proof of Personal Injury Protection or proof of health insurance, (such as an employee health insurance card.) The coverage amount must be at least $10,000 to pay for treatment of injuries that may result from a crash. Those under 21 years old must wear a Department approved motorcycle helmet without exception. S. 316.211(1)&(2), F.S.
2. Mopeds/Scooters: If a motor vehicle is 50 cc or less, 2 brake horsepower or less, and can not exceed more than 30 mph on level ground, no helmet is required for the operator. The operator must be at least 16 years old and hold at least a regular operator driver license (Class E) or “Motorcycle Only” license.) Passengers under 16 must wear a helmet.
3. Eye Protection: All persons who operate motorcycles (motorcycle = 51cc or more) must wear eye protection.
Most scooters can travel up to 40 MPH and exceed 2 bhp, so I would assume that the helmet requirements for motorcycles apply, but I am not a lawyer.
Is insurance required for motorcycles?
Insurance is not required to register motorcycles as with four-wheel motor vehicles (S. 627.733, F.S.). HOWEVER, if a motorcycle operator is charged in a crash with injuries, then the owner or owner/operator is financially responsible for bodily injuries and property damage to others. If no liability coverage was in effect, then bodily injury/property damage liability insurance must be purchased and kept for three years to avoid Financial Responsibility (license and tag/registration) suspension or to reinstate license, tag/registration after suspension. Chapter 324, F.S.
The law is unclear as to whether this applies to scooters under 50cc; assume that it does.
What are the requirements for obtaining a temporary motorcycle instruction permit, a motorcycle endorsement or a motorcycle only license?
Note: this applies to scooters over 50cc, such as the Vino 150 or Vespa ET-4.
According to S. 322.03 (4), F.S., “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.”
In other words, you cannot legally operate a motorcycle on Florida’s roadways without a “Motorcycle Also” endorsement added to your regular driver license. Prior to obtaining the endorsement, you may operate your motorcycle without passengers with a temporary motorcycle permit if you are 21 years old or older. Your regular driver license will not serve as the permit. You must pass the motorcycle written test at any driver licenses office in order to obtain the temporary motorcycle permit. The permit is valid for 60 days, will be restricted to “No Passengers”, may be issued a maximum of five times and is to be carried with your regular license.
There are basically three ways for individuals holding a Florida driver license to obtain a motorcycle endorsement. These methods are as follows:
1. Complete a Florida Rider Training Program (FRTP) basic motorcycle safety course and present the completion card to any driver license office in order to receive the motorcycle endorsement without any further testing. Visit the FRTP web page for information regarding motorcycle safety courses in Florida. If you are under 21 years old, you are required to take a FRTP course prior to obtaining a motorcycle endorsement or a motorcycle only license.
2. Take a motorcycle to an appropriate driver license office and pass a knowledge test and an on-cycle skill test. The motorcycle endorsement will be issued upon passing both evaluations. Go to other Driver License Information for more information, including contact information for driver license offices.
3. Visit a Florida Department of Highway Safety and Motor Vehicles approved third-party motorcycle tester and pass the exact same tests required at the driver license offices. The customer provides his or her own motorcycle, or many of the third-party testers will loan/rent a small motorcycle to the customer for use during the on-cycle skill evaluation. Many of the FRTP course sponsors are third-party motorcycle testers. FRTP course sponsor contact information is available on the FRTP web page if you wish to inquire about the third-party testing option.
Highway rules (not found on the web site):
* Interstate highways cannot be used by human-powered vehicles or vehicles under 5 bhp (which means most 50cc scooters), and you must be able to maintain at least 40 MPH on an interstate to avoid a moving violation.
* If riding at less than the normal speed of traffic, you must ride as close to the right edge of the roadway or curb as possible except when making a left turn or the conditions do not allow you to do so; you are not allowed to use a bike or pedestrian lane. Otherwise you are bound to the same “rules of the road” as cars or full-size motorcycles.
* Persons under 16 may not operate a motorcycle or moped/scooter over 150cc or rent any motorcycle or moped.
* You cannot ride between traffic lanes (some states, i.e., California, allow this. Florida does not).
Ok sorry that was so long but it is good to be informed.
The officer told me that I was not allowed to be on that road so this means I can not drive my bike off of that road unless I want another ticket. I was stopped right in front of a dealership or dealershark. I sold my bike for a price that made me so sad and I wont tell you because I feel sick about it. But I must say I was lucky to be around the company that I had. In the lot was a auto detailing company called Randy’s Auto Detailing I can truly say that I respect and appreciate those guys very much they were kind enough to give me a ride into Gainesville next to the bus station. Randy told me that if I needed a ride tomorrow he would make sure I got one. So Randy thank you very much you went above every expectation I had for a random person I met on the side of the road, your kindness can change the world. Oh and thanks for the orange drink.
Tomorrow I will be trying to get on a train to Boston I hope it works out and if anyone would like to write to officer Donaldson badge NO 507 ID NO H507 of the Hampton FL Police Department to let him know his facts please do so.
Grace and Peace,
Christopher
Scooter drivers who obey the law beware do not, I repeat do not drive through Hampton FL. Why you may ask? Officer Donaldson badge no.507 is a prick who does not know the law as they are written in the Florida statute from the secretary of state at the end of this I will post a link or copy and past the laws and you tell me if I should have gotten this ticket. Once again scooter drivers and anyone in general stay away from Hampton FL.
Today I was driving north on us301. It is just a normal road way with split sides, not an interstate road I had just left the village limits when I heard the siren of a police car. I pull over into the grass and stop my bike and proceed to give the officer my drivers license and registration upon request. Knowing the laws of FL I knew that I had done nothing wrong so I was ready to get on my way in a few minutes… those minutes turned into about a half an hr and then I knew something was up. The officer told me that it was illegal for me to be driving on this road I asked why and said this is not an interstate road and as far as I knew as long as I stayed at the far right I was in the right. He told me that the shoulder of the road is not for scooters. But officer as far as I see it by the law that I have read it is where I have to drive when I can not reach the speed of the traffic. No he says that is not a shoulder it is an emergency vehicle lane. So the conversation continues in my head because I had several things I dare not say to him like so your emergency vehicles are only 3 feet wide you must have some small dicks riding in them…bastard.
So my ticket was him telling me he let me off easy. $151.00 easy my infraction that he wrote on the ticket was fail to use designated lane driving motor vehicle in emergency lane not lane of travel. There is a part on the ticket that tells me the state statute that I was in violation of (please follow close this is where it gets bogus) FL state statute 316.089(3) (you can google search this stuff) says this.
(3) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway; and drivers of vehicles shall obey the directions of every such device.
…. Ok so this is a law that tells people what to do when theirs construction or an accident… none of that happened today. I was driving on the side of the road going as fast as my scooter would allow me to go 29mph. Ok please read the laws for a 50cc or under bike for the state of FL…
If 50 cc or less, these vehicles are not motorcycles by driver license law definition, S. 322.01(25), F.S., so a motorcycle endorsement is not required per S. 322.03(4), F.S.; however, to operate them on streets and roadways, you must be at least 16 years old and hold at least a regular operator (Class E) or “Motorcycle Only” driver license. (Reason: Even though these vehicles are 50 cc or less, they still fall under the driver license law definition of “Motor Vehicle” and a driver license is required to operate a “motor vehicle.”) SS.322.03(1), 322.01(26) and 322.05(1), F.S.
Is a license required to operate GoPeds, motorized scooters/skateboards, go-carts or other small engine vehicles?
These vehicles are not designed for operation on public roads. If they are operated on public roads, law enforcement officers can ask to see a valid driver license because these vehicles are “Motor Vehicles” under driver license law. S.322.01(26), F.S. A driver license is required to operate motor vehicles. S. 322.03, F.S.
Are you required to wear a helmet & eye protection to ride motorcycles? How about mopeds and scooters?
1. Motorcycles: Those 21 years old and older can ride without a helmet if they carry proof of Personal Injury Protection or proof of health insurance, (such as an employee health insurance card.) The coverage amount must be at least $10,000 to pay for treatment of injuries that may result from a crash. Those under 21 years old must wear a Department approved motorcycle helmet without exception. S. 316.211(1)&(2), F.S.
2. Mopeds/Scooters: If a motor vehicle is 50 cc or less, 2 brake horsepower or less, and can not exceed more than 30 mph on level ground, no helmet is required for the operator. The operator must be at least 16 years old and hold at least a regular operator driver license (Class E) or “Motorcycle Only” license.) Passengers under 16 must wear a helmet.
3. Eye Protection: All persons who operate motorcycles (motorcycle = 51cc or more) must wear eye protection.
Most scooters can travel up to 40 MPH and exceed 2 bhp, so I would assume that the helmet requirements for motorcycles apply, but I am not a lawyer.
Is insurance required for motorcycles?
Insurance is not required to register motorcycles as with four-wheel motor vehicles (S. 627.733, F.S.). HOWEVER, if a motorcycle operator is charged in a crash with injuries, then the owner or owner/operator is financially responsible for bodily injuries and property damage to others. If no liability coverage was in effect, then bodily injury/property damage liability insurance must be purchased and kept for three years to avoid Financial Responsibility (license and tag/registration) suspension or to reinstate license, tag/registration after suspension. Chapter 324, F.S.
The law is unclear as to whether this applies to scooters under 50cc; assume that it does.
What are the requirements for obtaining a temporary motorcycle instruction permit, a motorcycle endorsement or a motorcycle only license?
Note: this applies to scooters over 50cc, such as the Vino 150 or Vespa ET-4.
According to S. 322.03 (4), F.S., “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.”
In other words, you cannot legally operate a motorcycle on Florida’s roadways without a “Motorcycle Also” endorsement added to your regular driver license. Prior to obtaining the endorsement, you may operate your motorcycle without passengers with a temporary motorcycle permit if you are 21 years old or older. Your regular driver license will not serve as the permit. You must pass the motorcycle written test at any driver licenses office in order to obtain the temporary motorcycle permit. The permit is valid for 60 days, will be restricted to “No Passengers”, may be issued a maximum of five times and is to be carried with your regular license.
There are basically three ways for individuals holding a Florida driver license to obtain a motorcycle endorsement. These methods are as follows:
1. Complete a Florida Rider Training Program (FRTP) basic motorcycle safety course and present the completion card to any driver license office in order to receive the motorcycle endorsement without any further testing. Visit the FRTP web page for information regarding motorcycle safety courses in Florida. If you are under 21 years old, you are required to take a FRTP course prior to obtaining a motorcycle endorsement or a motorcycle only license.
2. Take a motorcycle to an appropriate driver license office and pass a knowledge test and an on-cycle skill test. The motorcycle endorsement will be issued upon passing both evaluations. Go to other Driver License Information for more information, including contact information for driver license offices.
3. Visit a Florida Department of Highway Safety and Motor Vehicles approved third-party motorcycle tester and pass the exact same tests required at the driver license offices. The customer provides his or her own motorcycle, or many of the third-party testers will loan/rent a small motorcycle to the customer for use during the on-cycle skill evaluation. Many of the FRTP course sponsors are third-party motorcycle testers. FRTP course sponsor contact information is available on the FRTP web page if you wish to inquire about the third-party testing option.
Highway rules (not found on the web site):
* Interstate highways cannot be used by human-powered vehicles or vehicles under 5 bhp (which means most 50cc scooters), and you must be able to maintain at least 40 MPH on an interstate to avoid a moving violation.
* If riding at less than the normal speed of traffic, you must ride as close to the right edge of the roadway or curb as possible except when making a left turn or the conditions do not allow you to do so; you are not allowed to use a bike or pedestrian lane. Otherwise you are bound to the same “rules of the road” as cars or full-size motorcycles.
* Persons under 16 may not operate a motorcycle or moped/scooter over 150cc or rent any motorcycle or moped.
* You cannot ride between traffic lanes (some states, i.e., California, allow this. Florida does not).
Ok sorry that was so long but it is good to be informed.
The officer told me that I was not allowed to be on that road so this means I can not drive my bike off of that road unless I want another ticket. I was stopped right in front of a dealership or dealershark. I sold my bike for a price that made me so sad and I wont tell you because I feel sick about it. But I must say I was lucky to be around the company that I had. In the lot was a auto detailing company called Randy’s Auto Detailing I can truly say that I respect and appreciate those guys very much they were kind enough to give me a ride into Gainesville next to the bus station. Randy told me that if I needed a ride tomorrow he would make sure I got one. So Randy thank you very much you went above every expectation I had for a random person I met on the side of the road, your kindness can change the world. Oh and thanks for the orange drink.
Tomorrow I will be trying to get on a train to Boston I hope it works out and if anyone would like to write to officer Donaldson badge NO 507 ID NO H507 of the Hampton FL Police Department to let him know his facts please do so.
Grace and Peace,
Christopher
In : the trip
Tags: florida scooter laws
blog comments powered by Disqus
Have you ever wanted to do something so great, that the word adventure does not even begin to describe it? I want to change the world and I can’t do it from behind a desk or in one town, I must travel. I have a restless heart, a poets soul, an insatiable desire and a wanderers spirit.
I will set off at the end of April 2009 on a journey of my life time. My ultimate mission of this journey is to change the world, even if it may be just a little change. I will be 28 with only the road ahead of me and my scooter driving me on. I don’t have a set plan on how I will achieve my mission, but I believe that the basics of making the world a better place is loving your fellow man like you would want to be loved, giving help to the people that you can help and striving to help the ones out of reach.
Scooter Diaries is a mission, a story and my journal. In this website you will read about my journey and the people I meet along the way I’ll post photos and videos of all sorts of people and places. We all have our own lives to live and we all have our hard times. I hope that we can meet someday and I get to hear your story.
~~~~~Grace and Peace~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~Toph~~~~~~~~~~~~~
