Florida to confiscate bikes with new law

[rx7tt95]

This bill has been around in one form or another for about a year. Unfortunately, it's been rewritten and it now has sponsorship. It's also coming up for a vote on January 10, 2008 (This THURSDAY) and could very likely pass if Florida riders don't speak up. Post this info on other forums as well, we need all the support we can get. If you don't, law enforcement could confiscate and crush your bike if you break the law.

I thought I'd give everyone a head's up here, there isn't much time to contact your senators and/or congressmen about this bill. I know we've talked about this bill before. I just received word from the AMA it's coming up to vote on the 10th so not much time to act. Again, I have no problem with behaving on the roadway but it's a discriminatory bill and one that can and I'm sure will be abused by government to take the bikes of innocent people. The direct link has hot links to help you contact your state reps and info on the bill.

Direct link:
American Motorcyclist Association - Issues and Legislation

Copy/Pasted
HB 137, "Offenses Committed While Operating a Motorcycle", introduced by Representative Carlos Lopez-Cantera (R-Miami), proposes that any motorcyclist charged with reckless operation or riding 30 miles per hour or greater above the posted speed limit would face arrest, seizure and forfeiture of their motorcycle, and revocation of their motorcycle endorsement for ten years. The legislation applies ONLY to motorcycles and their operators; no other motorized vehicle or driver operating on a public roadway is threatened with these penalties.

Review the history and the text of this bill by clicking here.

The House Committee on Infrastructure will hold a hearing on January 10 at 9 am in room 404 HOB to consider HB-137. See the committee notice by clicking here.

A related bill (SB-802) has been introduced in the Senate by Senator Rudy Garcia (R- Hialeah). Click here to review the history and text of SB-802.

Even if you obey the law, HB-137 is discriminatory and unfair because it sends the wrong message - motorcyclists are the ONLY threat on public roadways. Car, light truck, and SUV drivers, alleged to have violated the SAME laws, do not face the same harsh penalties. That's discrimination, period.

Because time is short and this issue is important, make three phone calls TODAY to make your voice heard -

1) Contact the office of HB-137's sponsor and state that you DO NOT SUPPORT HB-137 because it is discriminatory.

Here is Representative Lopez-Cantera's contact information:

Capitol Office: 300 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300, Phone: (850) 488-4202

District Office: Suite 111, 2300 Coral Way, Miami, FL 33145-3511, Phone: (305) 442-6877
Legislative Assistant: Lourdes Gonzalez District Secretary: David Cruz

2) Contact the office of the Chair of the House Committee on Infrastructure, Representative Richard "Rich" Glorioso, and state that you DO NOT SUPPORT HB-137 because it is discriminatory.

Here is Representative Glorioso's contact information:

Capitol Office: 405 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300, Phone: (850) 488-0807

District Office: Suite 204, 110 W. Reynolds Street, Plant City, FL 33563-3379, Phone: (813) 757-9110

Legislative Assistant: Cori Cuttler District Secretary: Robyn Bryant

3) Contact your representative - use the Florida StateWatch area under the Rapid Response Center to learn who your representative is and then make the call and/or send an e-mail message OPPOSING HB-137.

HB-137 and SB-802 are discriminatory - don't let these bills go uncontested. The law and its penalties should apply to all violators, not just motorcyclists.

Make those calls NOW!

[DDJFLW]

It wont pass...because it will have to include all transportation vehicles. Its discrimination and bias.

[Ronrdrcr]

Here's my blurb to them

Sir, with all due respect, how could you possibly allow a bill such as HB-137 to even go to the committee. This bill is discrimanatory towards motorcyclists. I understand there is an issue with some riders out there doing insane things that should be kept off the streets, but this in no means requires a bill just for them. If you're going to do something like this it needs to include all other forms of reckless driving in other vehicles such as people racing on the street in cars and trucks. I know that if you obey the law you have nothing to worry about. But this law is full of so much discrimination it is unconstitutional. Please do not allow this bill to be passed. I am an avid sport bike rider who unlike a lot of the people in Florida wear full leathers, helmet, protective boots and gloves no matter what the temperatures. I try to obey the law as much as possible and show respect to all other vehicles on the roadway. I get just as upset as anyone else seeing people doing wheelies down the interstate or doing 100mph through the middle of town. There are places and times this can be done, such as on racetracks and controlled areas. I think what the state should consider is making more areas where people can go do this legally and get more awareness to the citizens about safety. It goes along with the same thing that happened to skateboarders years ago. People were getting tired of them going around town and injuring themselves in public or even private areas and causing a menace to the city. Cities slowly started opening skate parks and they ended up there instead of terrorizing the town. This bill will not do much for the people doing the things that it was meant to stop. If this law goes into effect people breaking it will be more likely to run from a cop to avoid losing their bike, then they could cause an accident and injure innocent people. This situation can be avoided easily if you just take some time and think about it. Please Mr. Lopez-Cantera, find a way to make something work that doesn't discriminate specifically to motorcyclists, because there are other people out there that are making the same bad mistakes in cars and trucks. They should be held accountable also.

Very Respectfully
OS1 Ronnie Mason
U.S. Coast Guard

[cruiser]

Originally Posted by DDJFLW

It wont pass...because it will have to include all transportation vehicles. Its discrimination and bias.

CDL licenses have penalties that can suspend your CDL and not your car license
example

and they apply even in your personal vehicle if you have a CDL license


SERIOUS TRAFFIC VIOLATIONS
• Excessive speeding (15 mph or more above the posted limit).
• Reckless driving.
• Improper or erratic lane changes.
• Following a vehicle too closely.
• Violating state or local law relating to motor vehicle traffic control arising in connection with a fatal accident.
• Driving a CMV without obtaining a CDL.
• Driving a CMV without a CDL in the driver’s possession.
• Driving a CMV without the proper class of CDL and/or endorsements.
If convicted of two Serious Traffic violations in a CMV within any three-year period, your CDL will be disqualified for 60 days. Your CDL will be disqualified for 120 days if convicted of three or more Serious Traffic violations in a CMV within any three-year period. Additionally, if convicted of a Serious Traffic violation in a private passenger vehicle and your private passenger vehicle driving privileges are suspended as a result thereof, your CDL may also be disqualified accordingly.

[Ronrdrcr]

Originally Posted by cruiser

Your CDL will be disqualified for 120 days if convicted of three or more Serious Traffic violations in a CMV within any three-year period.

That's better than 10 years and confiscation for your first offense.

Ron

[cory1848]

Originally Posted by cruiser

CDL licenses have penalties that can suspend your CDL and not your car license
example

and they apply even in your personal vehicle if you have a CDL license


SERIOUS TRAFFIC VIOLATIONS
• Excessive speeding (15 mph or more above the posted limit).
• Reckless driving.
• Improper or erratic lane changes.
• Following a vehicle too closely.
• Violating state or local law relating to motor vehicle traffic control arising in connection with a fatal accident.
• Driving a CMV without obtaining a CDL.
• Driving a CMV without a CDL in the driver’s possession.
• Driving a CMV without the proper class of CDL and/or endorsements.
If convicted of two Serious Traffic violations in a CMV within any three-year period, your CDL will be disqualified for 60 days. Your CDL will be disqualified for 120 days if convicted of three or more Serious Traffic violations in a CMV within any three-year period. Additionally, if convicted of a Serious Traffic violation in a private passenger vehicle and your private passenger vehicle driving privileges are suspended as a result thereof, your CDL may also be disqualified accordingly.

CDL is a different beast all together, Its for commercial use. Motorcycles are personal vehicles used for personal enjoyment. Cant really compare the two.

This is right up there with being able to be charged with a DUI on a bicycle... Got to love Florida....

[ARRA757-89-91]

Well lets face it, the bikes are too fast as they are....I mean I love getting my new Cycle World every month....but people see what these can do on the road and they report it, and report it again and again....and now you have
sh!t like this...

No offense meant to Stunters, I like the sport in a closed lot.....but these A holes that are doing wheelies at 80 on the freeway are to blame....I'm sorry,

And now they dont have to even work it to get the bike in the air....I mean these liter bikes are so out of control powerful...I cannot keep my front wheel on the ground on the 1098 when I merge on the freeway in 2nd.....so where are we going with the HP and the ability of the bike to just surpass the skills of even the best riders.

Where can you use 185 hp and 195 mph?

LOL, you can do it once in public, if you get caught you are done.....

Go to the track, go to a closed stunter area......

Its fucking us all up......


Just my 2 cents...

[badgixxer]

just another reason to run

[Reckless01]

We talked about this on other forums, if it does pass it won't stay long. As soon as about 100 people get smeared on the pavement and a few hundred motorists are injured or killed as a result of the fleeing cyclists the law suits will fly and it'll go away! Much the same way officers are ordered off high speed pursuits if its going to cost lives they will break off chase. I cannot see how a bill that 100% segregates a population of people by the type of vehicle they drive will hold up! I mean discrimination is discrimination PERIOD! Couldn't you file a law suit against the state for discrimination? I mean if someone is "profiled" now a days theres a law suit how the hell is this fair?! It isn't!

[cory1848]

It was my understanding that you can be charged with reckless driving for 30+ mph? And with a reckless charge the bike can be impounded? Is that not correct? Seems to me this isnt working for some reason or another so why would this new law work? Some may say stiffer penalties, but if the penalties arent being enforced in court now, how would this new law change that?

[badgixxer]

Originally Posted by cory1848

It was my understanding that you can be charged with reckless driving for 30+ mph? And with a reckless charge the bike can be impounded? Is that not correct? Seems to me this isnt working for some reason or another so why would this new law work? Some may say stiffer penalties, but if the penalties arent being enforced in court now, how would this new law change that?

the death penalty doesn't even stop peeps from commiting murder...

[Ronrdrcr]

Here is the e-mail I just got back from one of the representatives


Dear Mr. Mason:

Thank you for taking the time to contact me regarding HB 137, Offenses Committed While Operating a Motorcycle. I realize you have several concerns regarding my legislation. This bill aims to address riders of high performance motorcycles that treat Florida's roads and highways as their own personal stunt track. I am sure you can agree that popping wheelies at high rates of speeds or any other kind of stunt riding has no place on Florida's roads. The goal of this legislation is to target stunt riding and prevent motorcycle fatalities.

While agree on your comments that my bill specifically targets motorcycles, that is because motorcyclists are 34 times more likely to die and eight times more likely to be injured in crashes than passenger-car occupants, according to the National Highway Traffic Safety Administration. In 2006 the Florida Highway Patrol investigated
119 deaths in urban areas. Those accidents do not include fatal crashes investigated by local police departments and sheriff's offices. Of the
119 accidents, all but 10 of those crashes involved careless or reckless operation at up to three times the posted speed limits, according to the FHP reports. Motorcycling deaths have increased steadily in Florida since 2000.

Currently, it seems HB 137 has been drafted in a way that would affect all motorcycle riders. I feel that the poor actions of a few riders should not punish all riders. Subsequently, I am currently working on language that will amend the bill to clearly address the problem of motorcycle stunt riding on public roads. The amendment will clearly define what is considered stunt riding and require a motorcycle rider to maintain two wheels on the ground at all times. The speeding focus of the bill will be increased to anyone that is speeding 50 mph or greater over the posted speed limit.

I invite you to view this short news video that has footage of myself riding along with a State Trooper as we witnessed some of the acts my bill is trying to prevent from occurring.
Thrill Riders - Videos - WTVJ

Thank you for expressing your concerns. They will definitely be taken into consideration. I am open to meeting with any person or group to discuss amendments to the bill. I believe that part of the process of creating a great law is being open to the ideas of others.

If I can be of any further assistance, please do not hesitate to contact my Capitol office at 850-488-4202.

Sincerely,

Carlos Lopez-Cantera
State Representative, District 113

[cory1848]

Thats good I guess, but still not 100%. Would like to see the working of "anyone going more than 50mph" Define anyone....all motorcyclists? or does this now include all vehicles?

Oh and the reason the deaths have increased since 2000 is because of the helmet law...sure speed plays a factor, but dont point the finger at people doing wheelies and stunting and even 30+ mph as to the sole reason deaths have increased....I dont buy that.

Doesnt reckless driving cover the one wheel on the ground bit? Just seems like another law to address the same problem.

[cruiser]

Originally Posted by Ronrdrcr

That's better than 10 years and confiscation for your first offense.

Ron

I know its better than 10 years, but it's still an example of unequal enforcement based on what your are licensed to drive. Now the confiscation of your bike on a first offense just insane

[cory1848]

Originally Posted by cruiser

I know its better than 10 years, but it's still an example of unequal enforcement based on what your are licensed to drive. Now the confiscation of your bike on a first offense just insane

The CDL laws I can agree with, they are hired professional drivers that should be held to a higher standard. Just my 2 cents