Florida Passes HB 137, Speeders Face Vehicle Confiscation, Prison Time
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Florida Passes HB 137, Speeders Face Vehicle Confiscation, Prison Time
THIS LAW IS ONLY PERTAINS TO BIKES
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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.
Mods can lock this down if they want.
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.
Last edited by black01_WS6; 03-28-2008 at 07:51 AM.
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^^ +1
This is one reason why strict punishment wasn't manditory before. This law will not only put a careless rider in danger, but now will increase the risk of danger to bystanders and enforcement officers.
This is one reason why strict punishment wasn't manditory before. This law will not only put a careless rider in danger, but now will increase the risk of danger to bystanders and enforcement officers.
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I don't think we will be seeing any bikers stopping- not that they do anyhow. this just may push them to go a little faster.
I don't see this bill helping at all- if anything it will cause more problems.
I don't see this bill helping at all- if anything it will cause more problems.
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i agree with you guys. i have a class-A cdl and i am already unable to take any sort of class to avoid points as it is. i see a bunch of people hauling *** as they feel they have nothing to loose. i think they should have done something about people talking on cels while driving before doing this.
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It is now going to jeopordize the lives of everyone on the road, because if a bike or car zips by you and over the next hill is a law enforcement officer running laser or radar then guess what the bike or car is not stopping now. Why because they know they are screwed now so they will push it, and risk running a family, a mother, a dad, you, your family, or anyone off the road just so they can get away so they don't lose there license and there ride. AND they also go to jail as well. Think about it this law should have went to a vote, instead the state is making things the way THEY want it.
I think you guys get my point and you guys probably feel the same way.
I think you guys get my point and you guys probably feel the same way.
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Might as well run now and just see how well you can drive lol. I don't drive that fast alot of the times on roads but I know if I was that risking running from the cops ain't gonna add that much more of a penalty than whats all ready gonna be coming my way.
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wow, this can only be the doings of gov. fuckstick. Why not just do what Virginia is doing and just fine people thousands of dollars if they are going 30mph. 10 year suspension on license, 5-10 years in prison, that's a little harsh. Drug dealers might get a less harsh punishment than that. How about pedophiles and **** who still get to walk the streets. What the **** is wrong with politicians?
There has to be some sort of constitutional right as people to abolish this law since we deem is as unsafe and to extreme.
There has to be some sort of constitutional right as people to abolish this law since we deem is as unsafe and to extreme.
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I guess the people dont get a say in this democracy anymore ey
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**** i guess im going to have to put a brick or block of wood under my accelerator, cause i sometimes get the need for speed. But i agree bikes don't stop anyways, and the cops aren't allowed to chase them. Two of my brothers are Miami-Dade firefighters and one of them told me the other day how alot of firefighters used to be police officers. And how guys on bikes would get next to them and flick them off, or even moon them, then just speed away. He told me they would get frustrated because they aren't allowed to go after bikes, and the guys on bikes know this too.
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Yeah like Im going to stop now... My view has always been, if I get caught going that fast, just pull over and take my licks and move on with life but now that Im screwed no matter what, Id rather take my chances and bolt. Or not speed...
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while im not sure about this new deal, guys let not forget that this is a criminal issue now...running would simply turn it into felony evasion, no one wants a beat down if you got caught or possible time in raiford...that used to not be the case but apparantley it is now...30 and over has always been a mandatory court date and if you are doing 30 over you obviously know the consequences...cmon guys seriously...take your chance deal with it...everyone speeds but 30+ is a whole different ball game