Regulating scooters and electrical bicycles — the newest modes of gas-saving transportation inflicting complications and questions of safety for some Key Biscayne residents — isn’t a simple job.
Police Chief Frank Sousa, with help from Village Attorney Chad Friedman, is in the course of of doubtless attempting to tweak laws to forestall conditions wherein accidents with pedestrians or vehicles may happen.
Defining, and distinguishing between, the sorts of free-spirited micro-mobility journey has been an issue in the previous, even for state officers.
In 2019, Gov. Ron DeSantis signed HB 453, formally declaring electric-powered scooters authorized in Florida, though it did go away open additional regulation at the native degree, resembling restrictions at seashores and parks.
Then, on July 1, 2020, the state handed HB 971 that gave e-bike riders the identical rights as regular cyclists (even these underneath age 16 with helmets), and eliminated the time period “motorized” in favor of “electric.”
As outlined by Chapter 2020-69 Section 8 – Section 316.20655 (7) of Florida laws, it states: “An operator may ride an electric bicycle where bicycles are allowed, including, but not limited to, streets, highways, roadways, shoulders, bicycle lanes, and bicycle or multi-use paths.”
State regulation permits bicycles to be ridden on sidewalks, though riders should yield to pedestrians. The bike lane is solely an possibility, if out there.
According to the EBIKES Guide, there are three lessons of e-bikes:
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Class 1 means an electrical bicycle outfitted with a motor that gives help solely when the rider is pedaling and that ceases to present help when the electrical bicycle reaches the velocity of 20 mph.
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Class 2 means an electrical bicycle outfitted with a motor that could be used completely to propel the electrical bicycle and that ceases to present help when the electrical bicycle reaches the velocity of 20 mph.
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Class 3 means an electrical bicycle outfitted with a motor that gives help solely when the rider is pedaling and that ceases to present help when the electrical bicycle reaches the velocity of 28 mph.
All three lessons want to have absolutely operable pedals (even when they’re not the important technique of activating the motor), a seat or saddle, and the motor ought to be lower than 750 watts.
Among different findings by the EBIKES Guide:
A everlasting label in a distinguished location that reveals the class quantity, prime assisted velocity, and watt energy should be affixed.
There is not any want to register or get a license for e-bikes in Florida. No plate wants to be displayed and no paperwork/playing cards want to be proven.
Insurance isn’t required, both, though when you trigger an accident, the rider can nonetheless be fined or prosecuted and accountable for damages.
E-bikes can carry passengers so long as there’s a passenger seat identical to regular bicycle laws. The seat has to be a everlasting, “regular” seat.
As with all bicycles in Florida, the e-bikes should have working brakes, white lights on the entrance and pink at the rear when you journey between sundown and dawn, and riders can’t put on headphones or perhaps a single earphone except it’s a listening to assist.
Bicyclists in Florida additionally can not journey “two abreast,” or aspect by aspect, except on a particular path meant just for bikes.
And, bicyclists and e-bike riders might be accountable for fines up to $2,000 and jail time up to 9 months if discovered driving whereas intoxicated.
The skinny on scooters
Electric scooter laws are equally detailed and, maybe, complicated.
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The accident and litigation regulation agency of Clark, Fountain, La Vista, Prather & Littky-Rubin in West Palm Beach has laid out Florida’s laws on scooters in its weblog.
According to Florida regulation, motorized scooters (or electrical scooters) are thought of motor automobiles, the weblog states. As such, they are not allowed on sidewalks or bike paths except being propelled by human energy alone. If discovered responsible, a quotation can be handed out, as per Florida Statute 316.1995.
Scooter riders can also obtain a prison quotation for working an unregistered motorized vehicle, per Florida Statute 320.02.
Because motorized scooters are thought of motor automobiles, riders additionally might be arrested for the misdemeanor of “Permitting an Unauthorized Minor to Drive,” if permitting a baby to journey a motorized scooter on public sidewalks or roadways.
While mopeds and motorized bicycles are allowed on public streets with a license and registration, e-scooters are not. The solely approach to legally journey a motorized scooter in Florida is to accomplish that on non-public property with permission from the proprietor of the property. People underneath 16 should additionally put on protecting headgear, the regulation agency’s weblog states.
In Miami, the place e-scooter leases have turn into widespread, particular ordinances have been enacted in these areas, resembling Brickell. Some locations enable riders on the sidewalk and not on the avenue, others enable the actual reverse. Further, sure cities require a helmet or have a drivers’ license if you would like to function an e-scooter in any respect.
Basically, with out native ordinances, e-scooters are unlawful in Florida.
It is essential to know the way your particular automobile is classed, whether or not it’s a moped, goped, e-bike or e-scooter.
According to insurance coverage locator Value Penguin Inc, mopeds and sure motor scooters are avenue authorized in Florida, and want to be registered and, in some instances, even titled.
Value Penguin factors on the market are two classes of scooters in Florida: “motorized scooters” and “motor scooters.” The important distinction is that motor scooters have seats or saddles, whereas motorized scooters don’t.
A “motorized scooter” is a automobile that:
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Has three or fewer wheels
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Cannot exceed 30 mph on degree floor
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Does not have a seat or saddle. If it does have a seat or saddle, the automobile is taken into account a “motor scooter.”
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And isn’t thought of avenue authorized, on highway or sidewalks. However, the state does enable particular person counties and cities to set their very own rules allowing motorized scooters on sidewalks, according to federal regulation and the velocity restrict 15 mph.
Motorized scooters don’t have to be registered with the state’s motor automobiles division, and no helmet is required for these at the very least 16 years outdated. However, riders nonetheless want to be licensed to journey a motorized scooter in Florida, although any driver’s license is accepted, in accordance to Value Penguin.
Now, for the different definition.
If your “motor scooter” has a seat or saddle, it’s avenue authorized in Florida and might be operated on the highway so long as it’s registered, in accordance to Value Penguin. Riders additionally want to acquire a title and license plate for the scooter. Highways would nonetheless be off-limits, on condition that below-50 cc scooter engines are nearly all the time designed to fall under the 5 brake horsepower (40 mph) freeway minimal.
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Riders additionally want to be at the very least 16 years outdated and have a driver’s license to journey a motor scooter on the highway. While driving, one can be held to the identical laws as operators of different motor automobiles, resembling driving whereas intoxicated.
Whatever automobile is in query, it may be tough to distinguish laws that apply to them.
For occasion, there additionally are mini bikes, or pocket bikes, that require a license, title and registration. There are gopeds, Vespas, motorized skateboards and dust bikes — and except they qualify inside one in all the classes above, they can’t be operated on roads.
As one can plainly see, Chief Sousa and legal professional Friedman have numerous finding out to do