Any attorneys in the house

[yunt2ride]

With the new state law that allows us to ride on unpaved roads. By the county drawing up an ordinance opting out. What kind of ticket could be written for riding on unpaved roads if you did not violate any speed limit rules or destroy any public roads by spinning out and such. Would it be just a violation of a county ordinance or what, and do you have any idea what the ticket could cost if pulled over.

[UncleRico]

Anoriginal works for Dewey, Cheetum, and Howe. He's a paralegal, but he sometimes dons a clip on tieand fills in for them in court. He represented me when I got pinched for transporting untrained circus mice across state lines without the proper documentation. I thought I was going to get a huge fine, but instead, I did a year and a day in county and had to pay only 40k in fines.

He'd probably help you out, but if you call him, make sure you get to him before 10AM, after that he's pretty well into the bottle.


Good luck.

[yunt2ride]

LMAO at you Rico, I have not gotten a ticket yet but was just concerned what kind of ticket could be written if you were obeying all traffic laws. If its just for violating a county ordinance or a moving violation and possibly how much the ticket would be. It could possibly be a way around the county ordinance that opts out.

[Chillinthemost]

Anoriginal is out of town for 2 weeks.  He has always dreamed of becoming a woman and has traveled out of town to have his lopmydickoffame procedure done. She may be able to help when she returns.

[Bigscrb15]

Anoriginal is out of town for 2 weeks.  He has always dreamed of becoming a woman and has traveled out of town to have his lopmydickoffame procedure done. She may be able to help when she returns.

I wondered why he asked me to goto Thailand with him. I thought he meant the women were cheap, not becoming a woman was cheap.  Glad I passed up on that trip now.

[gery350]

thats bullcrap!
i heard that placebo beat the crap out of him.

[PBSO_ATV_Deputy_4]

If a county opts out of the new law, 316.2123, then the law doesn't go into effect there. It would be just as it was prior to Oct 1. This would mean the regular ATV statute, 316.2074(5) would cover the entire county and not exempt unpaved roads posted less than 35 mph.

In counties were 316.2123 is in effect, the regular ATV statute is used on all paved roads and unpaved road posted 35 mph and above.

Both ATV statute violations are non-moving, $74.50 fine.
Driving upon Sidewalks, 316.1995 is a moving violation, $118.50 fine.

[Chillinthemost]

If a county opts out of the new law, 316.2123, then the law doesn't go into effect there. It would be just as it was prior to Oct 1. This would mean the regular ATV statute, 316.2074(5) would cover the entire county and not exempt unpaved roads posted less than 35 mph.

In counties were 316.2123 is in effect, the regular ATV statute is used on all paved roads and unpaved road posted 35 mph and above.

Both ATV statute violations are non-moving, $74.50 fine.
Driving upon Sidewalks, 316.1995 is a moving violation, $118.50 fine.

Why is it golf carts with old farts can ride on the sidewalks?

[gery350]

If a county opts out of the new law, 316.2123, then the law doesn't go into effect there. It would be just as it was prior to Oct 1. This would mean the regular ATV statute, 316.2074(5) would cover the entire county and not exempt unpaved roads posted less than 35 mph.

In counties were 316.2123 is in effect, the regular ATV statute is used on all paved roads and unpaved road posted 35 mph and above.

Both ATV statute violations are non-moving, $74.50 fine.
Driving upon Sidewalks, 316.1995 is a moving violation, $118.50 fine.

hey pbso.
good to hear from ya.
let me get this straight..........
if i get caught driving on a paved or unpaved road its a non moving violation,
but if i chose to ride on the sidewalk cause i thought it was less intrusive to traffic(and safer)
it would be considered a "moving violation"
thanks, gery350

for the record-i dont do either.

[PBSO_ATV_Deputy_4]

I don't see any exemption for them below.......


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 noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 6, ch. 83-68; s. 3, ch. 84-284; s. 150, ch. 99-248.

Note.--Former s. 316.110.

[PBSO_ATV_Deputy_4]

Driving on the sidewalk is generally more dangerous than driving in the roadway. Drivers are accustomed to seeing motorcycles, cars, ect on the roadways...They are not looking for them on sidewalks. Lots of crashes involving ATV verses car from driveways and blind spots. However, they would have been seen on the roadway.....Sounds crazy, but true.....

[debatethis]

I don't see any exemption for them below.......


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 noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 6, ch. 83-68; s. 3, ch. 84-284; s. 150, ch. 99-248.

Note.--Former s. 316.110.

It's called salutary neglect. Basically the cops don't bother them since they aren't seen as a "threat" to safety. They would rather target those moving at higher rates of speed or those on vehicles LIKELY to travel at high rates of speed or operating in an "unsafe" way. Not saying it's right or wrong, just telling it like it is.

[UncleRico]

Statutory neglect? Isn't that illegal? That sounds like the first stages of corruption, if law enforcement can pick and chose what laws they wish to enforce.

My real concern is, why did the State of Florida pass this law in the first place? What's the hidden agenda here? ATVers never get any support from the state government. So why would they pass a law allowing ATV's to ride on dirt roads all of a sudden?  I don't remember hearing any large outcry of support from ATV enthusiasts to pressure law makers into passing this law.

And if you're going to say that the law can be in essence revoked by individual counties, why pass it in the first place? Surely, they new the majority of counties will eventually, "opt out" as they put it.

What's the REAL reason for this law passing in the first place? Is it related to money, or is this another reason?

[yunt2ride]

If a county opts out of the new law, 316.2123, then the law doesn't go into effect there. It would be just as it was prior to Oct 1. This would mean the regular ATV statute, 316.2074(5) would cover the entire county and not exempt unpaved roads posted less than 35 mph.

In counties were 316.2123 is in effect, the regular ATV statute is used on all paved roads and unpaved road posted 35 mph and above.

Both ATV statute violations are non-moving, $74.50 fine.
Driving upon Sidewalks, 316.1995 is a moving violation, $118.50 fine.

So all that can happen if you follow the rules of the road would be a $74.50 fine. I spend way more then that every time I go outta town to ride. Can the atv be confiscated or not. Also what could happen if someone does violate a traffic law. Could they be fined for everything that they did wrong and could the atv be confiscated. Another question, since an atv is a motorized vehicle, having a weight of less then 800lbs, a width of less then 50 inches and was meant to be ridden by one person and meant to be straddled to ride it. Then the Polaris Ranger and Yamaha Rhinos are not considered ATVs. I just want my ducks in a row in case I do get a ticket.

[UncleRico]

Sounds like someone needs to put some bail money aside.  "Jack Cass, Bail Bonds..."


I'm interested to see if they can impound your quad though.

Can they impound your quad for tresspassing on private property, or is that just a fine as well?

We need a member who went to a real law school to post some answers to our litigation questions regarding ATVs and their usage.

[yunt2ride]

I also would like to know if a non moving violation goes against your drivers license. If you abey the traffic laws it sounds like they cannot take you to jail as long as you don't get beligerant with the officer. I am always as nice as I can be towards them and respect them when I speak to them. Your attitude towards them will get you further then anything else. They are people just like you and me and should be treated with the utmost respect. Even if they do give you a ticket.

[cheropride]

PBSO - Have a question for you.

Rico brought this up in another thread....

Are there any penalty/fine for parents of a minor (under 16) riding w/o a helmet.  We were discussing how many young kids we see riding w/o helments.  We also discussed how the parents don't enforce their kids riding w/a helmet.  My son is 7 and he always rides w/helmet, but when we ride, he seems to be exception.  Perhaps if I knew of the fine, I could relate this information to the parents and/or child.

[UncleRico]

I also would like to know if a non moving violation goes against your drivers license. If you abey the traffic laws it sounds like they cannot take you to jail as long as you don't get beligerant with the officer. I am always as nice as I can be towards them and respect them when I speak to them. Your attitude towards them will get you further then anything else. They are people just like you and me and should be treated with the utmost respect. Even if they do give you a ticket.

I'm always polite and respectful to law enforcement. Even though they've really nailed me in the past.

I'm always "Yes, sir.".."No, sir."

That's usually about the point where they're like "You weren't wearing your seatbelt, We're going to have to use the taser on you, it's for your own safety."

On a serious note though, I can speak from experience, you're not going to win in an argument with a law enforcement official. It's best to keep quiet, be respectful and let the judge/lawyers straighten it out.

I never understood people who start arguing, or giving the police a hard time for doing there job.

[yunt2ride]

I'm with you on that one Rico. First thing some people do is blow up at them. You cannot win so may as well be nice and respectful and maybe they will give you a break. It has worked in my favor more times then not LOL

[garym]

Hey Rico,

It is about $$$$$$$$$$$$$$$$$$$$$$$$$.  If you ride on the road, don't you need a license plate on the back of your bike?  Don't you have to pay registration fees?  Don't you need a title to get a tag??

Food for thought...

chow!

[PBSO_ATV_Deputy_4]

316.2074 requires minors under 16 to wear a helmet and eye protection. Because they are supposed to be under a licensed driver's supervision when operating on the roadways, I issue the person supervising a citation for the vioaltion, non-moving, $74.50 fine.

A Quad can be imponded from private property, as it was used in the commision of a crime and is evidence. Depending on the violators attitude, I may photograph it, record the VIN, and release it back to the owner. Guidlines vary between agencies.

On the street, I only impound quads used in a criminal offense, such as reckless driving or fleeing. Just like a car, you can be arrested and booked into the jail for reckless driving or fleeing and your car towed.

Sorry I didn't go to a "real law school," I just have 18 years of experience as a law enforcement officer.

[MachineDog]

I have a question. Is it possible to take a golf cart or UTV like a rhino or ranger, put turning signals and a horn on it considering there is already headlights and brake lights, and get a licence plate for it? Cause if that's possible my first car might be a Yamaha..

[yunt2ride]

PBSO, do non moving violations put points against your license.

[backwoods boy]

I have a question. Is it possible to take a golf cart or UTV like a rhino or ranger, put turning signals and a horn on it considering there is already headlights and brake lights, and get a licence plate for it? Cause if that's possible my first car might be a Yamaha..just get a jeep

if you can drive golf carts on the sidewalk can you drive a rhino on the sidewalk

[eldiablo64]

non mooving violations do not put points on yer licsense I have had several non moving tickets and never got any points