Florida HSMV 71905 Operator'S Manual Download Page 4

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RESTRICTIONS

Persons holding a

Florida Learner’s Driver’s License may not

legally operate or be licensed to operate any two or three wheel

motor vehicles on Florida roads, streets or highways regardless of his or her age (Per s. 322.1615 F.S.)

Persons passing the motorcycle skills test using a three-wheel motorcycle or sidecar motorcycle will have their license restricted to
operating three-wheel motorcycles

only

until or unless they pass the skills test on a two-wheel motorcycle

MOPEDS

Moped operators have the same rights and duties as motor vehicle operators and can also receive citations for traffic violations;
therefore they should know and obey these moped laws.

Moped operators must be at least 16 years old and hold at least a Class E License to operate a moped on public streets
or roadways. A learner’s license is

not

sufficient. (Mopeds fit the definition of a motor vehicle in 322.01(26), Florida

Statutes, and s. 322.03, F.S. requires a driver license to operate any motor vehicle)

A motorcycle endorsement is not required to operate a moped

Mopeds must be registered annually and a tag must be purchased

Mopeds may not be operated on bicycle paths or footpaths when operated using the motor

Moped operators do not have to carry PIP insurance

A moped is defined in s. 320.01(28) F.S. as any vehicle with pedals to permit propulsion by human power, having a seat
or saddle for the use of the rider and designed to travel on not more than three wheels, with a motor rated not in excess
of 2-brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level
ground, and with a power-drive system that functions directly or automatically without clutching or shifting gears by the
operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed
50 cubic centimeters

MOTORIZED SCOOTERS: (NOT LEGAL ON PUBLIC STREETS OR SIDEWALKS)

Though considered motor vehicles in and tag/registration law, the registration laws do not provide for registration of these vehicles,
thus they cannot be operated on public streets or highways; if operated on a public roadway anyway, regardless of a person’s age,
law officers can require the person to show at least a valid operator (Class E) license as per driver license law they are considered
motor vehicles (Statute Ref: s. 322.03(1) and 322.01(26). F.S.)

FLORIDA MOTOR VEHICLE LAWS AND DEFINTIONS
(Find these at: http://myFlorida.com)

(Statute definitions for the same term may differ from one section of State Law to another due to the nature of the law being enforced,
such as motor vehicle or motorcycle defined in traffic law vs. driver license law)

UNIFORM VEHICLE CONTROL, CHAPTER 316, F.S. DEFINITIONS- s. 316.003 F.S.

(2) BICYCLE:

Every vehicle propelled solely by human power, and every motorized bicycle propelled by a

combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per
hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized
as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no
more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under
the age of 16 may operate or ride upon a motorized bicycle.

Note:

A driver license is not required to operate an electric helper-motor

bicycle

MOTOR VEHICLE:

Any self-propelled vehicle not operated upon rails or guide way, but not including any bicycle,

motorized scooter, electric personal assistive mobility device, or moped.

MOTORCYCLE:

Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three

wheels in contact with the ground, but excluding a tractor or a moped.

BICYCLE PATH:

Any road, path, or way that is open to bicycle travel, which road, path, or way is physically separated from motor-

ized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent
right-of-way.

MOTORIZED SCOOTER:

Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three

wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground

ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE:

Any self-balancing, two non-tandem-wheeled device, designed to trans-

port only one person, with an electric propulsion system with average power of 750 watts (1 horsepower), the maximum speed of
which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs
170 pounds, is less than 20 miles per hour. Electric personal assistive mobility devices are not vehicles as defined in this section.

Note:

The above refers to a stand-on-and-ride type vehicle with a handlebar control and two (usually large) side-by side wheels; it

is not necessarily a disability related vehicle. A driver license is not required for this vehicle; see s. 316.2068
F.S. for more details on operating this type vehicle.

316.1995 Driving upon sidewalk or bicycle path.

No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a
permanent or duly authorized temporary driveway. A violation of this section is a non-criminal traffic infraction, punishable as a mov-
ing violation as provided in chapter 318.

316.208 Motorcycles and mopeds.

(1) Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable
to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those