Felony for an Improperly Mounted Tag (crazy new laws)

[Swampman]

ADVISORY BULLETIN
Florida Association of Court Clerks/Comptrollers

REF: HB 137 (ch. 2008-117, Laws of Florida) DATE: August 20, 2008 NO: 08-058

FILE NO. F02-008-080820-01 TELEPHONE: (850) 921-0808 CONTACT: B. Allman PAGE 1 OF 1


Effective October 1, 2008, HB 137 revises the traffic laws to create a few more penalties. This short bill was particularly focused on unsafe motorcycle activities, but it does include a provision for excessive speed. The new law also provides penalties for the first, second, third or subsequent violations. The Distribution Chart found on the FACC website will be updated to reflect the amounts for the first and second offenses in the Traffic section. The third and subsequent offense is classified as a third degree felony with a $5,000 fine and will appear in the Criminal Traffic section of the chart.

New Violations:
316.2085(2) Motorcycle or moped, wheels losing contact with ground
This is classified as a moving violation.
First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation.
Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.
(new entries for Distribution Chart—see below)

316.2085(3) Motorcycle or moped license tag improperly affixed
This is classified as a moving violation.
First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation.
Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.
(new entries for Distribution Chart—see below)

316.1926 (2) A person who exceeds the speed limit in excess of 50 mph or more in violation of ss.
316.183(2) (posted speeds), 316.187(state speed zones), or 316.189 (municipal and county speeds)
This is classified as a moving violation.
First Offense: the violator must pay a fine of $1,000 plus court costs.
Second Offense: the violator must pay a fine of $2,500 plus court costs and the driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.

[GRIMJIM]

I could see the fifty over the limit, but the other two? Come on.

[DalesCarpentry]

I could see the  license tag improperly affixed being BS for sure. I see no reason for a motorcycle rider to be pulling wheelies. I was working a couple weeks ago and just came back from lunch. I got out of my van and heard a cycle with the throttle cracked wide open. I looked down the road about 100 yards and here comes a rice burner up the road ( pulling a wheelie )toward me at I would say was at least 80 MPH. I am standing along the side of the road. He could have easily lost control and run me over. My point being he deserved a ticket for his immature action. He can really hurt someone. When I was a kid I rode wheelies all the time on my dirt bike but not where I could run people over. Dale

[Cement Man]

I was driving in Fla. a few years back in a van full of kids on the crowded turnpike doing about 65 mph.  A group of about 8 bikers on organ-donor cycles whizzed by, maybe doing 80 mph or more, between lanes, cutting people off, and pulling some of the most unbelievable stunts I have ever seen.  One guy was lying flat on his bike, another was riding on his own handlebars.  They were risking not only their own lives, but everyone's around them, given the speed and heavy traffic.  I saw recently on TV where this type of behavior is now common and increasing.  I can't remember what the name of this "activity" is called, but it is now a regular fad.

I would guess that these new laws are in direct response to this dangerous game, and that the improper display of tag has something to do with purposely obscuring it so these nitwits can try to outrun the cops and cameras and get away with it.  Unfortunately, I am sure some old lady on a moped will someday be arrested for this even though the intent of the law was different.  Judgement and justice don't always prevail.

After several years of cleaning up highway accidents and broken bodies as a fireman I have no sympathy for reckless behavior, especially of this type.  Throw the book at 'em. 

One thing, the moped owners surely don't have to worry about is doing 50 over the limit - that is way impossible.

[DalesCarpentry]

I was driving in Fla. a few years back in a van full of kids on the crowded turnpike doing about 65 mph.  A group of about 8 bikers on organ-donor cycles whizzed by, maybe doing 80 mph or more, between lanes, cutting people off, and pulling some of the most unbelievable stunts I have ever seen.  One guy was lying flat on his bike, another was riding on his own handlebars.  They were risking not only their own lives, but everyone's around them, given the speed and heavy traffic.  I saw recently on TV where this type of behavior is now common and increasing.  I can't remember what the name of this "activity" is called, but it is now a regular fad.

I would guess that these new laws are in direct response to this dangerous game, and that the improper display of tag has something to do with purposely obscuring it so these nitwits can try to outrun the cops and cameras and get away with it.  Unfortunately, I am sure some old lady on a moped will someday be arrested for this even though the intent of the law was different.  Judgement and justice don't always prevail.

After several years of cleaning up highway accidents and broken bodies as a fireman I have no sympathy for reckless behavior, especially of this type.  Throw the book at 'em. 

One thing, the moped owners surely don't have to worry about is doing 50 over the limit - that is way impossible.

AGREEDE. Dale

[GatCat]

If I read it right, only on the 3rd ( and subsequent ) conviction does it become a class C Felony...if it takes that many times for someone to modify their behavior,...oh well.
Also, about the "tags"...I'm sure what they are talking about is the license plate, not the annual "validation tags" ( the little stick on thingies). I can understand this, as some of the more flagrent violators will "hide" the plates,making them unable to be read by LEO's or speed camera's.
If you want to play, you're going to pay!!!
Mark

[Swampman]

It's all bs.  The penalties are way too excessive for traffic violations.

[Cement Man]

Swampman - just behave yourself and you'll be fine.   

[Graybeard]

I don't agree. I see far too many stupid things done by bikers and think it's about time time to reign them in. Like Dale I've seen them up on the rear wheel in heavy traffic doing about double the speed limit. Such idiots should be removed from the road permanently.

[Swampman]

I'm sure many folks feel the same way about gun owners.  I just don't see why we should be singled out with special laws that don't apply to cage drivers.  All these things were already illegal as are loud pipes.

The plate law made some production bikes illegal.

[jgalar]

I have been riding over 30 years. I live in TX so I can ride all year and a bike is my primary vehicle.

I don't see anything excessive in the new regulations.

[Cement Man]

GB, I don't know if it is me you are disagreeing with, but my opinion as posted on this subject is exactly the same as yours.

[jhm]

these laws are simple to understand (1) do you drive 50 mph over the limit if you don't it doesnt apply if you do well you will be recieving your trophy,   JIM

[Cement Man]

http://www.wftv.com/news/17567258/detail.html

http://www.usatoday.com/news/nation/2008-03-26-motorcyclestunts_N.htm

Here is information why this law was passed.  "Stunters" 

[Swampman]

These laws don't apply to cages.  They drive around without tags or "lost tag" signs in the window and nothing happens.  I see them every time I leave the house.  A felony conviction for a simple traffic violation is too stupid to even contemplate.  Hopefully they will get tossed by the FL Supreme Court as unconstitutional.

These things were already illegal.  This is no different than the dozens of guns laws on the books.  Murder is already illegal.

[ms]

I think its a good thing didn't we have a member here that could have been killed by a crazy biker ?

[Graybeard]

GB, I don't know if it is me you are disagreeing with, but my opinion as posted on this subject is exactly the same as yours.

Nope it was swampman's post:

It's all bs.  The penalties are way too excessive for traffic violations.

I was disagreeing with. Just so happened you made one between his and mine.

[45-70.gov]

SWAMPMAN....thanks  allot   ..i  live  in  Florida  and  my  new tag has been in  my  tool box for  the  last 4  months.....i  do not   think  that  would be  considered properly affixed....maybe  i  can  make  this  job stretch  out  the  rest of  the day      loll,,,,,thanks again

[oldyardog]

I think the laws are a good thing. I wish my state would do the same. I have been riding for 50 years ( started when I was 15). To say that this type of dumb ass riding that risks other peoples lives should not have sever penalties is not right. There are places to do that type of crap where the stupid are the only ones killed. Rent a track or a drag strip and show off to a group of like minded people. If I was that irresponsible with a gun I would have several dead people around me and be in jail. Laws like that are made because of stupid people.


Oldyardog

[Swampman]

I've had my tag stolen off my car here in FL.  If that happened on my bike and I didn't realize it, I'd have to pay $1000.00 and quit riding motorcyles for good.  I couldn't take a chance on losing my license for a year because it happened twice.

Like my buddy said, most folks will just try to out run the cops rather than pay these fines or lose their license.  It must suck to get old.  I hope it never happens to me.

[swampratt]

I have ridden cycles for 30 years and wheelies are a blast

WHEELIES
You must do them in the proper places..In Noble Ok. we have a 1/4 mile raceway Thunder valley, and during down time A few of the bikers get to put on a show ...wheelies -rolling stoppies -many other cool tricks ..so that is the way to do it...

Not around traffic, houses, or other people that can become harmed...

For high speed there are many events like the MAXTON mile and such things as SALT...I will run the Salt before i die....
Get in good with some law enforcement and they may let you run an old abandoned highway and clock you

[rex6666]

I live in TX also. I have been passed many times on the freeway by
rice burners (no real bikes) on their back wheel i am running 60-65 and they pass me like i am tied to a stump. I think what is happening is lots of folks
are scared of this behavior and call the police, guess they have brought it on them selves. I don't see any real bikes doing this, speeding yes, every one
speeds from time to time, don't see many of the real bikes weaving in and out
of traffic either. Seems like all riders are going to have to pay for the idiots,
just like responsible gun owners.

[Cement Man]

Swampman - you defend your position by ignoring the intent of this law and citing extreme exceptions.

Here is what I found on the actual verbiage:

(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.


Looks pretty specific to me that the law is addressed towards being permanently affixed and not made to be unreadable.  So, before you lift your leg to mount the bike, check that you have a tag.  If it is gone, make out a police report.  While you are looking for the tag, make sure you have air in both tires as well.  Have a safe ride.

[Swampman]

Mine came from the Harley factory adjustable & capable of being flipped up.

I guess I'll have to see what happens when I get stopped.

[jgalar]

In the Dallas/Fort Worth area I have been obstructed from freely traveling by some of these A-holes.

They will form 2 lines. One in front as blockers and one behind to block cars. Meanwhile Johnny CoolGuy Stunt Rider is stunting in between the lines.

I'll tell you it really ticks you off!!!

I have ZERO sympathy if they lose their license or face heavy fines.

Their behavior reflects poorly on other riders or groups of riders who don't have a problem obeying the law.

[Dee]

I live in the Dallas Ft Worth area also, and have seen the same thing. The one's I resent the most are the ones that congregate at shops for a run, and 40 or 50 of them suddenly think the laws should be changed to accommodate them. The pack mentality dictates that they can commander an intersection until ALL pass thru it, and everyone else be damned. Where is that law written? They want togetherness going down the road, and I guess are afraid to be separated at intersections with red lights. I suppose some get lost easily. They should wait at these intersections just like the rest of us motorists do.
As far as the fines on stunt riding on the highway, I think they should do away with the fines and jail them. FIRST OFFENSE. I've owned 8 or 10 bikes in the last 45 years and never acted like some I've seen out there.

[Graybeard]

I guess I'll have to see what happens when I get stopped.

I reckon so pilgrim. You've been warned tho so don't come crying for sympaty here when you're fined. You know now it's illegal.

[Swampman]

I'll probably be run over by some blind geezer driving with their turn signal on & looking for their dropped cigarette before I get a ticket.

I have several close encounters with blind cage drivers every day.

[Dee]

Sell the bike before it's too late then. It's a rough world out there. 

By the way. What's a cager?

[Swampman]

I don't want to live forever. There's a rocky hillside waiting for me in Tennessee.