Senate Bill sb1268e1

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  1                      A bill to be entitled

  2         An act relating to motorized scooters; amending

  3         s. 316.003; defining the term "motorized

  4         scooter"; amending s. 316.2065, F.S.; providing

  5         motorized scooter operating regulations;

  6         providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (21) of section 316.003, Florida

11  Statutes, is amended and subsection (82) is added to that

12  section to read:

13         316.003  Definitions.--The following words and phrases,

14  when used in this chapter, shall have the meanings

15  respectively ascribed to them in this section, except where

16  the context otherwise requires:

17         (21)  MOTOR VEHICLE.--Any self-propelled vehicle not

18  operated upon rails or guideway, but not including any

19  bicycle, motorized scooter, or moped.

20         (82)  MOTORIZED SCOOTER.--Any vehicle not having a seat

21  or saddle for the use of the rider and designed to travel on

22  not more than three wheels, and not capable of propelling the

23  vehicle of a speed greater than 30 miles per hour on level

24  ground.

25         Section 2.  Section 316.2065, Florida Statutes, is

26  amended to read:

27         316.2065  Bicycle and motorized scooter regulations.--

28         (1)  Every person propelling a vehicle by human power,

29  or operating a motorized scooter as defined in s. 316.003, has

30  all of the rights and all of the duties applicable to the

31  driver of any other vehicle under this chapter, except as to


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  1  special regulations in this chapter, and except as to

  2  provisions of this chapter which by their nature can have no

  3  application.

  4         (2)  A person operating a bicycle may not ride other

  5  than upon or astride a permanent and regular seat attached

  6  thereto.

  7         (3)(a)  A bicycle may not be used to carry more persons

  8  at one time than the number for which it is designed or

  9  equipped, except that an adult rider may carry a child

10  securely attached to his or her person in a backpack or sling.

11         (b)  Except as provided in paragraph (a), a bicycle

12  rider must carry any passenger who is a child under 4 years of

13  age, or who weighs 40 pounds or less, in a seat or carrier

14  that is designed to carry a child of that age or size and that

15  secures and protects the child from the moving parts of the

16  bicycle.

17         (c)  A bicycle rider may not allow a passenger to

18  remain in a child seat or carrier on a bicycle when the rider

19  is not in immediate control of the bicycle.

20         (d)  A bicycle rider or passenger or motorized scooter

21  rider who is under 16 years of age must wear a bicycle helmet

22  that is properly fitted and is fastened securely upon the

23  rider's or passenger's head by a strap, and that meets the

24  standards of the American National Standards Institute (ANSI Z

25  90.4 Bicycle Helmet Standards), the standards of the Snell

26  Memorial Foundation (1984 Standard for Protective Headgear for

27  Use in Bicycling), or any other nationally recognized

28  standards for bicycle helmets adopted by the department. As

29  used in this subsection, the term "passenger" includes a child

30  who is riding in a trailer or semitrailer attached to a

31  bicycle.


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  1         (e)  Law enforcement officers and school crossing

  2  guards may issue a bicycle safety brochure and a verbal

  3  warning to a bicycle rider or passenger or a motorized scooter

  4  rider who violates this subsection. A bicycle rider or

  5  passenger or a motorized scooter rider who violates this

  6  subsection may be issued a citation by a law enforcement

  7  officer and assessed a fine for a pedestrian violation, as

  8  provided in s. 318.18.  The court shall dismiss the charge

  9  against a bicycle rider or passenger or a motorized scooter

10  rider for a first violation of paragraph (d) upon proof of

11  purchase of a bicycle helmet that complies with this

12  subsection.

13         (f)  A person operating a motorized scooter may not

14  carry passengers.

15         (4)  No person riding upon any bicycle, coaster, roller

16  skates, sled, or motorized scooter, or toy vehicle may attach

17  the same or himself or herself to any vehicle upon a roadway.

18  This subsection does not prohibit attaching a bicycle trailer

19  or bicycle semitrailer to a bicycle if that trailer or

20  semitrailer is commercially available and has been designed

21  for such attachment.

22         (5)(a)  Any person operating a bicycle upon a roadway

23  at less than the normal speed of traffic at the time and place

24  and under the conditions then existing shall ride as close as

25  practicable to the right-hand curb or edge of the roadway

26  except under any of the following situations:

27         1.  When overtaking and passing another bicycle or

28  vehicle proceeding in the same direction.

29         2.  When preparing for a left turn at an intersection

30  or into a private road or driveway.

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  1         3.  When reasonably necessary to avoid any condition,

  2  including, but not limited to, a fixed or moving object,

  3  parked or moving vehicle, bicycle, pedestrian, animal, surface

  4  hazard, or substandard-width lane, that makes it unsafe to

  5  continue along the right-hand curb or edge.  For the purposes

  6  of this subsection, a "substandard-width lane" is a lane that

  7  is too narrow for a bicycle and another vehicle to travel

  8  safely side by side within the lane.

  9         (b)  Any person operating a bicycle upon a one-way

10  highway with two or more marked traffic lanes may ride as near

11  the left-hand curb or edge of such roadway as practicable.

12         (6)  Persons riding bicycles upon a roadway may not

13  ride more than two abreast except on paths or parts of

14  roadways set aside for the exclusive use of bicycles.  Persons

15  riding two abreast may not impede traffic when traveling at

16  less than the normal speed of traffic at the time and place

17  and under the conditions then existing and shall ride within a

18  single lane.

19         (7)  Any person operating a bicycle or motorized

20  scooter shall keep at least one hand upon the handlebars.

21         (8)  Every bicycle or motorized scooter in use between

22  sunset and sunrise shall be equipped with a lamp on the front

23  exhibiting a white light visible from a distance of at least

24  500 feet to the front and a lamp and reflector on the rear

25  each exhibiting a red light visible from a distance of 600

26  feet to the rear.  A bicycle or motorized scooter its rider

27  may be equipped with lights or reflectors in addition to those

28  required by this section.

29         (9)  No parent of any minor child and no guardian of

30  any minor ward may authorize or knowingly permit any such

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  1  minor child or ward to violate any of the provisions of this

  2  section.

  3         (10)  A person propelling a vehicle by human power upon

  4  and along a sidewalk, or across a roadway upon and along a

  5  crosswalk, has all the rights and duties applicable to a

  6  pedestrian under the same circumstances.

  7         (11)(a)  A person propelling a bicycle upon and along a

  8  sidewalk, or across a roadway upon and along a crosswalk,

  9  shall yield the right-of-way to any pedestrian and shall give

10  an audible signal before overtaking and passing such

11  pedestrian.

12         (b)  A motorized scooter may not be operated upon or

13  along a sidewalk.

14         (12)  No person upon roller skates, or riding in or by

15  means of any motorized scooter, coaster, toy vehicle, or

16  similar device, may go upon any roadway except while crossing

17  a street on a crosswalk; and, when so crossing, such person

18  shall be granted all rights and shall be subject to all of the

19  duties applicable to pedestrians.

20         (13)  This section shall not apply upon any street

21  while set aside as a play street authorized herein or as

22  designated by state, county, or municipal authority.

23         (14)  Every bicycle or motorized scooter, shall be

24  equipped with a brake or brakes which will enable its rider to

25  stop the bicycle within 25 feet from a speed of 10 miles per

26  hour on dry, level, clean pavement.

27         (15)  A person engaged in the business of selling

28  bicycles at retail shall not sell any bicycle unless the

29  bicycle has an identifying number permanently stamped or cast

30  on its frame.

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  1         (16)(a)  A person may not knowingly rent or lease any

  2  bicycle or motorized scooter to be ridden by a child who is

  3  under the age of 16 years unless:

  4         1.  The child possesses a bicycle helmet; or

  5         2.  The lessor provides a bicycle helmet for the child

  6  to wear.

  7         (b)  A violation of this subsection is a nonmoving

  8  violation, punishable as provided in s. 318.18.

  9         (17)  The court may waive, reduce, or suspend payment

10  of any fine imposed under subsection (3) or subsection (16)

11  and may impose any other conditions on the waiver, reduction,

12  or suspension. If the court finds that a person does not have

13  sufficient funds to pay the fine, the court may require the

14  performance of a specified number of hours of community

15  service or attendance at a safety seminar.

16         (18)  Notwithstanding s. 318.21, all proceeds collected

17  pursuant to s. 318.18 for violations under paragraphs (3)(e)

18  and (16)(b) shall be deposited into the State Transportation

19  Trust Fund.

20         (19)  The failure of a person to wear a required

21  bicycle helmet or the failure of a parent or guardian to

22  prevent a child from riding a bicycle or motorized scooter

23  without a required bicycle helmet may not be considered

24  evidence of negligence or contributory negligence.

25         (20)  Except as otherwise provided in this section, a

26  violation of this section is a noncriminal traffic infraction,

27  punishable as a pedestrian violation as provided in chapter

28  318. A law enforcement officer may issue traffic citations for

29  a violation of subsection (3) or subsection (16) only if the

30  violation occurs on a bicycle path or road, as defined in s.

31  334.03. However, they may not issue citations to persons on


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  1  private property, except any part thereof which is open to the

  2  use of the public for purposes of vehicular traffic.

  3         (21)  A county or municipality may adopt an ordinance

  4  that authorizes persons to operate a motorized scooter on a

  5  roadway or sidewalk, notwithstanding any prohibitions in this

  6  section.

  7         Section 3.  This act shall take effect July 1, 2001.

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