A bill to be entitled An act relating to operating a motorcycle or moped; creating s. 316.1926, F.S.; providing additional penalties for certain offenses committed by a person operating or in actual physical control of a motorcycle; requiring that the person be taken into custody; providing for seizure and forfeiture of the motorcycle; providing for revocation of the person's privilege to operate a motorcycle; amending s. 316.2085, F.S.; requiring an operator of a motorcycle or moped to maintain both wheels on the ground at all times; requiring that the license tag of a motorcycle or moped be affixed horizontally; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 316.1926, Florida Statutes, is created to read: 316.1926 Motorcycle offenses.-- (1) When a law enforcement officer charges a person with reckless driving in violation of s. 316.192 while operating or in actual physical control of a motorcycle, the officer shall arrest the person, take him or her into custody, and seize the motorcycle, which shall be subject to forfeiture under the Florida Contraband Forfeiture Act. (2) Upon conviction, in addition to any other penalty provided by law, the court shall revoke the person's authorization and privilege to operate a motorcycle for a period of 10 years and order the person to surrender his or her driver's license. (a) If the person holds a Class A, Class B, or Class C driver's license, the department shall issue a replacement license, valid for the remainder of the person's unexpired license period, without the endorsement to operate a motorcycle. (b) If the person holds a Class E driver's license that is not restricted to motorcycle operation only, the department shall issue a replacement license, valid for the remainder of the person's unexpired license period, without the authorization to operate a motorcycle. (3) Revocation of the privilege to operate a motorcycle under this section does not prohibit or restrict the issuance or renewal of a driver's license for purposes other than the operation of a motorcycle. Section 2. Subsection (2) of section 316.2085, Florida Statutes, is amended, present subsections (3) through (6) of that section are redesignated as subsections (4) through (7), 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. (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. Section 3. This act shall take effect October 1, 2008. This is one of the bills to be passed. Basically works like this Both tires on the ground at all times. Sitting on bike at all times. Facing forwards at all times. One leg on each side of the bike at all times. OR Bike impounded and sold. MOTORCYCLE License revoked for 10 years upon conviction. ALSO: Tag must be mounted horizontally and not able to be flipped up and hidden. |
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