On June 7th, 2010 a new revision was made to Florida Statute number 316.2085. Once again, there has been a change to the legal display of a tag on your motorcycle. Although I have a couple issues with this new law, and have written letters in protest about it, the law will become effective September 1st, 2010, and if you have a tag that is mounted vertically you need to pay special attention to this new change. I also am listing a few other changes that have also taken place that you may want to be aware of.
Section 7. Subsection (3) of section 316.2085, Florida
Statutes, is amended to read:
316.2085 Riding on motorcycles or mopeds.
(3) The license tag of a motorcycle or moped must be permanently affixed to the vehicle and may not be adjusted or capable of being flipped up. No device for or method of concealing or obscuring the legibility of the license tag of a motorcycle shall be installed or used. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. Alternatively, a license tag for a motorcycle or moped for which the numbers and letters read from top to bottom may be affixed perpendicularly to the ground, provided that the registered owner of the motorcycle or moped maintains a prepaid toll account in good standing and a transponder associated with the prepaid toll account is affixed to the motorcycle or moped.
Authors Note: As previously stated, I take issue with this new change as for the most part, motorcycles are not allowed to use the "Sun Pass" lanes. They also are not allowed to go through "unmanned" toll booths due to safety issues with the gate possibly coming down and striking riders or sensors not picking up a motorcycle. The majority of the toll booths I have come across in my travels pretty much have signage that require motorcycles to use a specific lane. When asked "why then we are being required to put a transponder on our bikes that basically can never be used?" the answer I received was it was a compromise to allowing the tags to remain in a vertical display format. Further stating that the cameras that are used to monitor and read tags that go through the toll booth can not read a tag in a vertical position. This still has me scratching my head as if I can't go through a "Sun Pass" lane on a motorcycle then what the hell is the reasoning for requiring us to get a transponder that will never be used. As this new law would cost me about $5,000 in modifications and paint to have a horizontal tag I will be purchasing a transponder shortly, under protest. I will continue to try and get some more specific details in regards to this issue, but for now, if you have a tag displayed vertically you will need to have a transponder mounted to your motorcycle if you do not change it over to a horizontal mount.
The other thing I keep getting conflicting information from officer to officer on is whether or not this is a primary stop offense. The majority say that it is, and that if you are stopped and do not have a transponder you will be cited for improper display of a tag. Also keep in mind, that now that you have been stopped, if you are riding without a helmet you may also be asked for proof of your manditory medical insurance coverage since you are not wearing a helmet. If you can not produce your medical insurance card or proof of medical insurance coverage you may also get a ticket for not being in compliance with Florida's helmet law. Add to that any number of other things that the officers may stop you for, i.e. speeding, careless operation, driving under the influence, etc. and this could be a real expensive day. My advice to most is that if all possible switch your tag over to a horizontal tag mount because it's no longer a question of will you get stopped, it'sa matter of when you are will you be prepared.... if you are extremely lucky you'll be on your way without and extra piece of paper in your wallet.
The next section applies to windshields;
Section 8. Paragraph (d) is added to subsection (2) of 520
section 316.2952, Florida Statutes, to read:
316.2952 Windshields; requirements; restrictions.
(2) A person shall not operate any motor vehicle on any public highway, road, or street with any sign, sunscreening material, product, or covering attached to, or located in or upon, the windshield, except the following:
(d) A global positioning system device or similar satellite receiver device which uses the global positioning system operated pursuant to 10 U.S.C. s. 2281 for the purpose of obtaining navigation or routing information while the motor vehicle is being operated.
Authors Note: Although this law has been on the books for a while in regard to tinted windshields, it still will pretty much be the officers call as to if he or she will cite you for having a tinted windshield, lettering, decals, or any other object affixed to your windshield other than a GPS device. Going to the strictest side of this, people who have the leather pocketed pouches attached to the bottom of their windshields could in fact be cited with a violation of this statute. So be aware, they have gotten more specific about what may be allowed on a windshield and stricter enforcement of this statute may be coming. Law enforcement and licensed private investigators vehicles have been exempted from the window tint section of this statute.
This next section applies to fines;
Section 13. Paragraph (c) of subsection (3) of section 720
318.18, Florida Statutes, is amended to read:
318.18 Amount of penalties.
The penalties required for a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are as follows:
(3)(a) Except as otherwise provided in this section, $60 for all moving violations not requiring a mandatory appearance.
(b) For moving violations involving unlawful speed, the fines are as follows:
For speed exceeding the limit by: Fine:
1-5 m.p.h Warning
6-9 m.p.h $25
10-14 m.p.h $100
15-19 m.p.h $150
20-29 m.p.h $175
30 m.p.h. and above $250
(c) Notwithstanding paragraph (b), a person cited for exceeding the speed limit by up to 5 m.p.h. in a legally posted school zone will be fined $50. A person exceeding the speed limit in a school zone or designated school crossing shall pay a fine double the amount listed in paragraph (b).
Authors Note: In addition to the above fines each city, or county may also have addition fees and court costs associated with the above state legislated fine.
A special thank-you to Darrin Brooks, who is the state legislative representative for ABATE of Florida and advised me of the passage of the above legislation. Darrin spends many countless hours watching bills and talking with our local and state representatives, and is just one more way that ABATE of Florida looks out for the bikers rights in Florida.
The information contained hereon was researched and taken from the 81 page finalized House Bill 971, passed on June 7th 2010, which will go into effect Sept. 1st 2010.
Billybob
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