ATV Florida Forum

General => Open Discussion => Topic started by: jaxatvrider on February 12, 2005, 05:02:01 PM



Title: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: jaxatvrider on February 12, 2005, 05:02:01 PM
i got a ticket earlier today for riding my four wheeler in my neihborhood.. 115 dollars and it is saying i have the option to go to traffic school.. i looked up the statute and it says in cannot be deamed a moving violation.. if anyone has any info on this violation let me know PLEASE..  i am under the impression that this fine should not be right..


shawn


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: LakeMaryKid on February 12, 2005, 05:03:25 PM
they are called an OHV for a reason  ::)


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: jaxatvrider on February 12, 2005, 05:11:20 PM
learn something new everyday..  :o

that still does not help me out and i ride it back and forth to my grandmothers house... so thanx for the sarcasm..

like i said any helpful info will be appreciated.. and to let everyone know i am well aware that is is illegal as i am not bitching that i got a ticket i am just trying to find info cause i do not think it is suppose to be a moving violation and be counted against my drivers license.. so if anyone has had this violation before let me know what the outcome was.. thank you


shawn


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: Qdawg76 on February 13, 2005, 06:00:28 AM
When we got a ticket the officer said it didnt count against our liscense, but we were riding next to a main road and not on it. Call the local office and ask them


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: d232 on February 13, 2005, 07:49:23 AM
It kind of depends on what statue it is written under. I write this violation under F.S. 316.2074(5), which is a none moving violation, but there are several different statues that the officer could have written. Look at the citation, it should tell you what statue you where wrote in violation of. Let me know and I'll post the statue up here so you can read it.


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: jaxatvrider on February 13, 2005, 07:52:18 AM
that is the statute he wrote what is the correct fine for that? he was treating it like its a moving violation telling me i can go to school


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: d232 on February 13, 2005, 07:59:43 AM
Here's the 316.2074 statue.

§316.2074.  All-terrain vehicles

(1)  It is the intent of the Legislature through the adoption of this section to provide safety protection for minors while operating an all-terrain vehicle in this state.

(2)  As used in this section, the term "all-terrain vehicle" means any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger.

(3)  No person under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards and eye protection.

(4)  If a crash results in the death of any person or in the injury of any person which results in treatment of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash pursuant to s. 316.066.

5)  Except as provided in this section, an all-terrain vehicle may not be operated upon the public roads, streets, or highways of this state, except as otherwise permitted by the managing state or federal agency.

(6)  An all-terrain vehicle having four wheels may be used by police officers on public beaches designated as public roadways for the purpose of enforcing the traffic laws of the state. All-terrain vehicles may also be used by the police to travel on public roadways within 5 miles of beach access only when getting to and from the beach.

(7)  An all-terrain vehicle having four wheels may be used by law enforcement officers on public roads within public lands while in the course and scope of their duties.

(8)  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: jaxatvrider on February 13, 2005, 08:02:01 AM
i read that.. so should the fine be 115 dollars?


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: d232 on February 13, 2005, 08:03:59 AM
Fees are going to be different in each different county. They will still be close but slightly different. I assume you live in Clay Co?


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: jaxatvrider on February 13, 2005, 08:05:33 AM
yes i live in clay county.. so i guess i need to set a court date since he has the ticket written up wrong?


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: d232 on February 13, 2005, 08:05:41 AM
Who is the Deputy who wrote the citation?


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: jaxatvrider on February 13, 2005, 08:07:46 AM
looks like M. LAYNE OR LAYM


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: d232 on February 13, 2005, 08:10:31 AM
In my county (Bradford) a non-moving fine is $71.50, moving is $115.50.


Title: Re: TICKETED FOR OPERATING ATV ON ROADWAY..
Post by: d232 on February 13, 2005, 08:15:24 AM
Email me and I'll tell you how to take care of it. bradfordsgt232@yahoo.com