Another Law will take effect October 1st, 2008 " READ "
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From: America
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Another Law will take effect October 1st, 2008 " READ "
As of October 1st, anyone caught doing 30mph over the speed limit in Florida faces vehicle confiscation, five to ten years in prison and a ten-year license suspension. Bill HB 137, which was signed into law earlier today, was originally targeted at motorcyclists, but was amended at the last minute to include all vehicles. The full text of the bill follows the jump.
Photography credit: Roger Jones
Originally introduced by State Rep. Carlos Lopez-Cantera, who developed an irrational fear of bikers after he witnessed some pulling wheelies and driving dangerously during a ride-along with Miami police, HB 137 has become known as the Anti-Biker Bill due to its discriminatory nature.
Defending motorcyclists during hearings at the state legislature, a representative of ABATE, a motorcycle lobby group, argued that the motorcycle specific penalties far outweighed those for motorists who violate a rider's right of way, killing or injuring them.
While the bill was modified to include all vehicles before being passed into law, the anti-motorcycle language remains, specifically that referring to the revocation of a motorcycle endorsement, leading to some confusion. It's not known if car drivers will face the same license suspension as bike riders.
Jalopnik does not endorse dangerous driving, but its our belief that the best way to make roads safer is through education, not draconian enforcement. After all, isn't anyone with only a week or less of Driver's Ed and very little idea of how to control their vehicle in an emergency driving dangerously? [Via Hell For Leather]
Florida Bill HB 137, pre all-vehicles amendment:
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled
An act relating to offenses committed while operating a
motorcycle; 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; 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 or exceeding the speed limit by 30 miles per hour or more in violation of s. 316.183(2), s. 316.187, or s. 316.189 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 herdriver'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 shall not prohibit or restrict the issuance or renewal of a driver's license for purposes other than the operation of a motorcycle.
Section 2. This act shall take effect October 1, 2008.
__________________
Photography credit: Roger Jones
Originally introduced by State Rep. Carlos Lopez-Cantera, who developed an irrational fear of bikers after he witnessed some pulling wheelies and driving dangerously during a ride-along with Miami police, HB 137 has become known as the Anti-Biker Bill due to its discriminatory nature.
Defending motorcyclists during hearings at the state legislature, a representative of ABATE, a motorcycle lobby group, argued that the motorcycle specific penalties far outweighed those for motorists who violate a rider's right of way, killing or injuring them.
While the bill was modified to include all vehicles before being passed into law, the anti-motorcycle language remains, specifically that referring to the revocation of a motorcycle endorsement, leading to some confusion. It's not known if car drivers will face the same license suspension as bike riders.
Jalopnik does not endorse dangerous driving, but its our belief that the best way to make roads safer is through education, not draconian enforcement. After all, isn't anyone with only a week or less of Driver's Ed and very little idea of how to control their vehicle in an emergency driving dangerously? [Via Hell For Leather]
Florida Bill HB 137, pre all-vehicles amendment:
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled
An act relating to offenses committed while operating a
motorcycle; 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; 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 or exceeding the speed limit by 30 miles per hour or more in violation of s. 316.183(2), s. 316.187, or s. 316.189 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 herdriver'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 shall not prohibit or restrict the issuance or renewal of a driver's license for purposes other than the operation of a motorcycle.
Section 2. This act shall take effect October 1, 2008.
__________________
"While the bill was modified to include all vehicles before being passed into law..."
Sounds like if it doesn't include cars right this second, it will when all is said and done.
...and they can expect more bikes AND cars (if they include cars when all is said and done) to run from now on. Good move FL, good move.
Sounds like if it doesn't include cars right this second, it will when all is said and done.
...and they can expect more bikes AND cars (if they include cars when all is said and done) to run from now on. Good move FL, good move.
Former Vendor
Joined: Oct 2003
Posts: 1,109
From: Miami, Fl
Rep Power: 0
Holy ****.... that sucks I was on 441 heading west palm form Sebring ... Those who have driven that road know that the speed limit should be 150MPH ... I would imagine they would have to open up a auction yard at the end of that road as everyone was driving at least 30MPH over the limit yikes!!
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Registered User
Joined: Nov 2006
Posts: 208
From: Clearwater.FLorida.USA
Rep Power: 36
All-
I e-mailed the author of the proposed bill. Please read this response posted below. If you would like to follow the progress of this bill, I have included a link as well. Please forward this information to all other car and motorcycle forums:
Here is the link on the bills progression through the House of Reps:
http://www.myfloridahouse.gov/Sectio...&SessionId=57&
And if you feel the need to contact your Representative to express concerns about this bill, this will provide you the contact information needed:
http://www.myfloridahouse.gov/Sectio...entatives.aspx
Matt.
I e-mailed the author of the proposed bill. Please read this response posted below. If you would like to follow the progress of this bill, I have included a link as well. Please forward this information to all other car and motorcycle forums:
Good afternoon Mr. Coppens,
I am not sure where you are getting your information from but HB 137 has not become a law but simply passed one Committee in the House of Representatives. I would also like to bring to your attention that HB 137 has been amended from its original version. I would suggest reading the copy of the attached amendment and I am sure you will find the bill to be more agreeable. This amendment addresses many of the concerns that were brought up when the bill was heard last. I feel that the poor actions of a few riders should not punish all riders. Subsequently, the speeding focus of the bill will be increased to anyone that is speeding 50 mph or greater over the posted speed limit. This applies to both motorcycles and all other motor vehicles. The bill will also be amended to include staggered penalties for first, second and third time offenders. First time offenders will face a $1,000 fine. On the second offense a rider will face $2,500 fine and a one year license suspension. A third time offender will lose their license for 10 years and have to forfeit their vehicle. Additionally language has now been incorporated into the bill that will account for “wheelies” that are beyond the rider’s control.
If you would like to discuss the bill further please feel free to contact my staff at 850-488-4202.
Thank you,
Carlos
I am not sure where you are getting your information from but HB 137 has not become a law but simply passed one Committee in the House of Representatives. I would also like to bring to your attention that HB 137 has been amended from its original version. I would suggest reading the copy of the attached amendment and I am sure you will find the bill to be more agreeable. This amendment addresses many of the concerns that were brought up when the bill was heard last. I feel that the poor actions of a few riders should not punish all riders. Subsequently, the speeding focus of the bill will be increased to anyone that is speeding 50 mph or greater over the posted speed limit. This applies to both motorcycles and all other motor vehicles. The bill will also be amended to include staggered penalties for first, second and third time offenders. First time offenders will face a $1,000 fine. On the second offense a rider will face $2,500 fine and a one year license suspension. A third time offender will lose their license for 10 years and have to forfeit their vehicle. Additionally language has now been incorporated into the bill that will account for “wheelies” that are beyond the rider’s control.
If you would like to discuss the bill further please feel free to contact my staff at 850-488-4202.
Thank you,
Carlos
http://www.myfloridahouse.gov/Sectio...&SessionId=57&
And if you feel the need to contact your Representative to express concerns about this bill, this will provide you the contact information needed:
http://www.myfloridahouse.gov/Sectio...entatives.aspx
Matt.
