ON AIR NOWClick to Play
Streaming Live from LibertyTalk.fm
Pop Out Window
THIS IS NOT LEGAL ADVICE, THIS IS ONLY MY OPINION. YOU ARE ENCOURAGED TO DO YOUR OWN RESEARCH.
I realize police agencies across the country have some sort of hidden competition of who can be the worst. Florida, gets top billing in my book. With my county, Ventura, California coming a close second.
The topic of the right to travel has been a 20 year subject of study near and dear to my heart. I do not own a car or drivers license. But I do own two bikes. 1 is a 1000 watt electric and the other is a gas engine accesory equipped. I recently had an accident on the electric and is being repaired. So I ride the gas engine equipped one to get to work.
I recently was pulled over by my local constabulary one Saturday morning on my way to a tax seminar and was rudely verbally accosted by some rooky kid about how my engine equipped bicycle was illegal, needed to be registered, I needed a license, etc. I will leave it to you about how I reacted to this. Needless to say, I gave him an education and walked away. but I had to stroke his ego before he would let me. [Seems that all they want is a good stroking].
I fired off several letters to the DMV and my "elected officials" in the state assembly [Oddly enough the DMV responded, but the reps didn't... I thought it would have been the other way round], requesting clarification of the law. Boiled down [as of 11-09-2009] it is this for California. Pursuant to section 406(a) of the DMV code, A bicycle becomes a motorized Bicycle if it has a motor that has an automatic clutch and can be propelled no faster than 30 MPH on flat level ground. If it goes faster it is deemed a motorized cycle. Note: legally speaking, if the bicycle has a MANUAL clutch is does NOT meet the qualifications under 406(a), a license is not required, registration is not required. Also: a larger engine can be throttled to go slower by adding a carburator restricteo plate that doesn't affect power but keeps your speed down.
My second bike is a 1000 watt 48 volt electric. California DMV code set the qualifications under sec. 406 (b). A Bicycle is not required to have a specialized registration (license plate), and the rider is not required to have a drivers license if it meets the following:
Does not exceed 20 mph on flat level ground, does not exceed 1000 watts, does not exceed 2 brake horsepower. [Note: a helmet s not required to ride one either, but speaking from personal experience, I highly recomend one.]
So it is plainly clear under the doctrine of equal footing, the laws in Florida should be about the same. And if so, these cops just lost their jobs! I hope this guy stomps their ass!
First off this person should have called 911 for the sheriff. Second of all you do not have to have any license to travel the highways in a non commercial status. He also should immediately file criminal charges against the chief of police and all his drones including the city and the mayor. It doesn't matter if he was riding a Harley. The pirates have stepped over the line and have committed crimes.
Join us on our
Share this page with your friends
on your favorite social network:
Forty Four O Nine
Stats by StatCounter