Go-Peds and the Laws of Florida

[Erik Rabassa]

For those that own a Go-ped, you might need to know what happened to me while
riding tonight.

Here in Atlantic Beach, Florida I was pulled over by the local police. They
asked for my driver license & registration & proof of insurance. > What <

I was told that you dont need a anything to ride one. I explained to the
police that I didn't have a registration, license plate, insurance, or even a
VIN number.

Since the State of Florida has nothing on the law books about Go-Peds, they
fall under the Motor Vehicle Law. Which is that any motorized vehicle must
have a headlamp, taillamp with break light, turn siginals and a license plate.
And they must be insured.

For those riders out west, is there anything in your state law books that
exempts Go-Peds from this law ????

Is ther anyone out there that can help ?????

Thanks
Erik " all I want to do is ride the Ped " Rabassa

Erik M. Rabassa
The Jetskier
jets...@jaxnet.com
http://www.jaxnet.com/~jetskier/
"I rather push my standup, than ride a runabout"

[jetskier]

FYI....

State Of Florida
DEPARTMENT OF
HIGHWAY SAFTY AND MOTOR VEHICLES
TALLAHASSEE, FLORIDA 32399-0500

OFFICE OF GENERAL COUNSEL

September 9, 1993

TOs Denise James, Chief
Bureau Of Title and Registration Services

PROMS MICHAEL J. ALDERMAN
Aissistant General Counsel

SUBJECTS Registration Requirement for 'Go-Ped"
Our Docket No.t DMV-93-49

STATEMENNT OF THE PROBLEM

A company located in California manufactures, a motorized scooter powered by a gasoline
engine which is capable Of a maximum speed of 20 miles per hour. The scooter in marketed under
the brand name of 'Go-ped". This is not a "motor scooter" because it has no saddle or seat for the
rider; rather it looks like a toy scooter upon which the rider stands upright and propels himself by
pushing with one foot, only it has a motor.

Is this device required to be registered in order to operate it on the public roads, and if so,
how should it be classified?

CONCLUSIONS/RECOMMENDATIONS:

This device in motor vehicle as defined by section 320.01(i)? Florida Statutes. As such, it
must be registered under Chapter 320 if it 'is operated on the roads of the state. Section 320-02,
Florida Statutes. However, this vehicle comes under . no classification not forth in section 320.08,
Florida Statutes, so there is no way to register it. It therefore appears that the legislature intended that
such vehicles should not be registered and may not be operated on the roads of this state.

There is no doubt that a Go-ped is a "motor vehicle'. as that term is defined in section 320.01(i)(a)r
FloridaStatutes"

An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any
other vehicle operated on the roads of this state, used to transport persons or property, and propelled
by power other than muscular powert but the term -does not include traction engines, road rollers,
such vehicles as run only upon a track, bicycles, or mopeds.

Because it is a motor vehicle, it must be registered if it in driven on the roads of the state. However
this vehicle does not fit under any of the classifications set forth in section 320,08. It is not a
motorcycle as defined in section 320.01(27) because It does not have a seat or saddle for the use of
the rider, and it is not a moped as defined by section 320.01(28) for the same reason, and because it
does not have pedals permitting propulsion by human power. It is clearly.not an automobile, a truck, a
trailer, a recreational vehiclor or a mobile home.

If, as it has done here, the legislature has decreed that motor vehicles must be registered in order to
operate on the roads in the state, but has restricted the means of registration to certain select motor
vehicles, the obvious conclusion is that the legislature intended that vehicles not so enumerated should
not be registered or permitted to operate on the roads of the state.

In addition to the above, it should be noted that these vehicles, as motor vehicles, are subject to.the
requirements ofchapter 316, Florida Statutes, when they are operated on the roads of the state.
AGO 93-45 However, because they do not most the definition of a bicycle, moped or motor driven
cycle, they must meet the equipment requirements set forth for mcitor vehicles generally in chapter
316. These requirements include a horn (316.271), an exhaust system (316,272), brakes (316.261
and 316-262), turnsignals and stop lamps (316.22 and 316.234), A slow moving vehicle emblems
(316.2225(7), windshields (316-2952), and, after dark, headlights and tail lights
(316.217, 316.220 and 316-221). It is very unlikely that these scooters can meet these requirements,
which further supports refusing to register them for use on the roads.

In your request for legal assistance you stated that a recent opinion of the Attorney General (AGO
93-45) has been interpreted to mean that Go-pods should be registered under chapter 320. Actually,
this opinion only dealt with the question of how these vehicles should be classified for purposes of
traffic and safety regulation under chapter 316, Florida Statutes. However if you are concerned that
this opinion may be seen as being contra to that of the Attorney General, I suggest You seek an
Attorney General opinion on the question answered in this legal opinion.

Please refer to the above-referenced docket number when submitting future inquiries concerning this
matter.

MJA/ldo

Cal Charles J. Brantley

This is what I found out on the use of Go-Peds in the State of Florida.....