As you are well aware Splittin' the Breeze prides itself on trying to keep you up to date with whats going on in our local community. Some of you may or may not be aware that back in October of 2008, Florida revised statute 316.2085 in regards to some laws that pertain to motorcycles and mopeds. They did this through the authority of House Bill 137 and some very important laws and fines have been put in place that you, as a rider or visitor to Florida, need to be aware of. Specifically of importance to most of you that visit this site will be subsection 2 and 3 in regards to proper riding of a motorcycle or moped and proper display of a tag. Until recently, the Collier County Sheriffs department, as well as some of the other law enforcement agencies, have not strictly enforced the change to the statute unless they witnessed a act of carelessness or reckless endangerment, or were unable to read the tag on your motorcycle or moped when in a seated position in their patrol car behind you. For the majority of you these changes may not effect you, but for others, such as people with custom bikes, you need to read this article very carefully. Many of the custom bikes come with the license plate placed in a vertical position from the factory. During the last 4 months riders have argued that they should not receive a ticket when the motorcycle came from the factory with the license plate frame in a vertical position, many to no avail. Depending on the officer, some have been cut some slack, some given warnings, and others have been cited. In essence, it was up to the individual officer you were dealing with and the attitude you took with him as to which of these 3 options would happen to you. Well, in a memo released by the Collier County Sheriffs Departments Community Traffic Safety Team on Friday, January 30th, you will see that effective February 1st, 2009 they will begin to start enforcing the statute much more aggressively. Below you will find a copy of the memo from them, the actual copy of the revision of the statute, along with the effective date that it was signed and placed into law.
There was an challenge issued to the Florida Attorney General asking for a clarification of the statute, and you may see his response by clicking here Florida Attorney Generals response to House Bill 137. At this point, my interpretation to this matter is that regardless of whether the bike came from the factory or not, the vertical display of a tag is now illegal and a enforceable offense. ABATE of Florida is working hard to bring this matter back to the floor, as well as some of the other verbiage in the revised House Bill. The problem that we face is that until this law is changed, the Collier County Sheriffs Department has taken the stance that they will begin enforcing this statute effective Sunday, February 1st 2009 as well as issuing the fines as provided for in this revision to the statute.
I urge each of you to read the following and help spread the word to anyone that you see to whom this new position by the C.C.S.O. may effect. Although I have not talked with anyone from law enforcement departments in our surrounding areas as to whether they also will be now enforcing this statute more strictly, I highly urge you not to ignore this issue. My best advice to you is to contact whomever you take your bike to for service, parts and accessories be it Harley Davidson, Everglades Motorcycles on any of the other competent shops in town and work with them to get a "Legal" frame to display your tag.
Best of luck, ride safe and be aware.... I need to go find a solution for "The Patriot"
Billybob
LAW REVISION: On June 16, 2009, Gov. Crist signed SB 1100 , making it legal to have vertical license plates on motorcycles in the state of Florida. Many of the law enforcement agencies may not be aware of the change, and therefore it is up to us to get the word out and educate the motorcycling community of the change in the law. Below is a page from the Florida Department of Highway Safety & Motor Vehicles regarding changes in the law for 2009.
http://www.flhsmv.gov/Leg2009.htm
| 316.2085(3) |
A motorcyclist may not conceal or obscure their license plate. The requirement that a motorcycle license plate be affixed horizontally is deleted. |
BE ADVISED THE REST OF THE STATUTE AND FINES REMAIN IN PLACE AS STATED BELOW
316.2085 Riding on motorcycles or mopeds.--
(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, 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. PLEASE VISIT THE MOTORCYCLE NEWS, NEW LAWS TAB FOR CURRENT INFORMATION
(4) 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.
(5) 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.
(6) A person under 16 years of age may not:
(a) Operate a motorcycle that has a motor with more than 150 cubic centimeters displacement.
(b) Rent a motorcycle or a moped.
(7) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 9, ch. 87-161; s. 320, ch. 95-148; s. 7, ch. 96-414; s. 164, ch. 99-248; s. 2, ch. 2008-117.
Note.--Former s. 316.108.
Effective Sunday, February 1, 2009, the fines for violations of sub-sections (2) and (3) will be as follows;
1st offense: $1,148.00
2nd or subsequent offense: $2648.00
Sgt. Thomas Humann
Collier County Sheriff’s Office
Office: (239) 530-9770
Fax: (239) 530-9729
FLORIDA STATUTE INFORMATION
CHAPTER 2008-117
Council Substitute for House Bill No. 137
An act relating to operating a motor vehicle; creating s. 316.1926, F.S.;
creating additional offenses regarding motor vehicle operation;
amending s. 316.2085, F.S.; requiring an operator of a motorcycle or
moped to maintain both wheels on the ground at all times; requiring
that the license tag of a motorcycle or moped be affixed horizontally;
amending s. 318.14, F.S.; providing additional penalties for certain
offenses; providing for a specified fine and revocation of the person’s
privilege to operate a motor vehicle; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 316.1926, Florida Statutes, is created to read:
316.1926 Additional offenses.—
(1) A person who violates the provisions of s. 316.2085(2) or (3) shall be
cited for a moving violation, punishable as provided in chapter 318.
(2) A person who exceeds the speed limit in excess of 50 miles per hour
or more in violation of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited
for a moving violation, punishable as provided in chapter 318.
Section 2. Subsection (2) of section 316.2085, Florida Statutes, is
amended, subsections (3) through (6) of that section are renumbered as
subsections (4) through (7), respectively, and a new subsection (3) is added
to that section, to read:
316.2085 Riding on motorcycles or mopeds.—
(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.
Section 3. Subsection (13) is added to section 318.14, Florida Statutes, to
read:
318.14 Noncriminal traffic infractions; exception; procedures.—
(13)(a) A person cited for a violation of s. 316.1926 shall, in addition to
any other requirements provided in this section, pay a fine of $1,000. This
fine is in lieu of the fine required under s. 318.18(3)(b), if the person was
cited for violation of s. 316.1926(2).
(b) A person cited for a second violation of s. 316.1926 shall, in addition
to any other requirements provided in this section, pay a fine of $2,500. This
fine is in lieu of the fine required under s. 318.18(3)(b), if the person was
cited for violation of s. 316.1926(2). In addition, the court shall revoke the
person’s authorization and privilege to operate a motor vehicle for a period
of 1 year and order the person to surrender his or her driver’s license.
(c) A person cited for a third violation of s. 316.1926 commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084. Upon conviction, the court shall impose a fine of $5,000, revoke the
person’s authorization and privilege to operate a motor vehicle for a period
of 10 years, and order the person to surrender his or her driver’s license.
Section 4. This act shall take effect October 1, 2008.
Approved by the Governor June 10, 2008.
Filed in Office Secretary of State June 10, 2008.
Ch. 2008-117 LAWS OF FLORIDA Ch. 2008-117
Upon hearing about the aforementintioned article, I contacted Lockdown, with Gator Alley of ABATE and asked him to see what he and the others from ABATE could find out in addition to what I had found out in regards to this matter. Below you will find the response from him on their findings, and a copy of what was given to their membership.
Thank-you in advance for looking out for your fellow brothers and sisters on the road and letting them know about these changes... and a special thank-you to Lockdown and Gator Alley ABATE for the prompt attention to my request and the following information.
Billybob
1. As of Sunday, February 1, 2009 the Collier County Sheriff’s Office (CCSO) WILL ENFORCE F.S.S. 316.2085 sections (2) and (3) to the fullest extent possible. Specifically, CCSO has reported that the fines they will impose are as follows:
· First Offense: $1,148 (of which $1000 is mandatory)
· Second or more offenses: $2,648 (of which $2500 is mandatory)
2. What the CCSO memo is NOT TELLING US is:
a. According to F.S.S. 316.1926, violations of this new law are MOVING VIOLATIONS, meaning you get at least 3 points assessed to you license, even if it is the horizontal tag violation!
b. Since it is a MOVING VIOLATION, it will be a PRIMARY STOP. This means that CCSO will be able to pull you over simply because you have a vertical license plate.
c. According to F.S.S. 318.14 (13), the older $60 vertical plate fine (318.18(3)(b)) is now null and void. The new law added subsection (13) to 318.14 which clearly states these new fines are “in lieu” of the older $60 fine.
d. A second violation of this new law is a mandatory $2500 fine, in addition to any other fines. In addition, a second violation for going 50 MPH over the speed limit is loss of their driver’s license for a year.
e. F.S.S. 318.14 (13)(c) reads that a third violation of the new law is a THIRD DEGREE FELONY meaning POSSIBLE JAIL TIME, DEFINATE $5000 fine and DEFINATE loss of driver’s license for TEN YEARS. HERE’S THE KICKER: this appears to INCLUDE THIRD VIOLATIONS OF THE HORIZONTAL TAG LAW. This would mean that a third offense for having a vertical motorcycle license plate could send you to jail, will cost you $5000, and cost you your driver’s license for ten years!
The best advise we can offer right now is to not make yourself a target, since CCSO WILL BE LOOKING TO ENFORCE THIS.
Action is being taken by ABATE of Florida to try and get the tag issues in this bill rewritten and taken off the books, but for now please help get the word out and advise everyone of the new stance being taken by the C.C.S.O.
Again, more reasons to become involved with ABATE!
More info can be found here:
http://myfloridalegal.com/ago.nsf/printview/1E63803FC08696808525750700587C5A
http://www.floridaabate.com/Library/Library/HB137explained.htm
http://www.floridaabate.com/Library/Library/GreenbergTraurig.pdf
Dave "Lockdown" Rich
Webmaster & Alt. State Delegate,
ABATE of Florida, Gator Alley Chapter
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