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Author Topic: Operation of ATV on certain roadways  (Read 6105 times)
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« on: July 07, 2006, 09:48:07 AM »

Section 5.  Section 316.2123, Florida Statutes, is created 
238 to read:

316.2123  Operation of an ATV on certain roadways.--The operation of an ATV as defined in s. 317.0003 upon the public  roads or streets of this state is prohibited, except that an ATV  may be operated during the daytime on an unpaved roadway where  the posted speed limit is less than 35 miles per hour by a  licensed driver or by a minor under the supervision of a  licensed driver. The operator must provide proof of ownership  pursuant to chapter 317 upon request by a law enforcement 

317.0003  "ATV" means any motorized off-highway or all-terrain vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator and with no passenger
« Last Edit: July 07, 2006, 09:49:59 AM by logger » Logged
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« Reply #1 on: July 07, 2006, 09:49:43 AM »

Wow, I'm gonna print this out and go riding!  Just kidding, but that's a good find man!
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« Reply #2 on: July 07, 2006, 10:24:19 AM »

This is a PROPOSED LAW, it has yet to be signed.....
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« Reply #3 on: July 07, 2006, 12:02:35 PM »

THAT WOULD OWN. I hope this gets passed, give us a little more freedom as long as we have a license. Not to mention, with the price of gas going up we could use them to get groceries, and run other local errands without using a gallon of gas to do so. Seriously, I have yet to understand why motorcycles and scooters can be licensed but atvs with proper equipment can't.
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« Reply #4 on: July 07, 2006, 12:11:02 PM »

I was wondering if you changed one of the criteria would it stop it from being considered an ATV.
317.0003  "ATV" means any motorized off-highway or all-terrain vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator and with no passenger

For instance the Rhino is not designed to be stradled. Or what if you put high pressure tires on it. Or possibly lengthened the wheelbase. Does it have to meet all criteria because if not we could possibly make them street leagal. Just something I have been wondering, hopefully someone with a better understanding of the law can clarify.
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« Reply #5 on: July 07, 2006, 12:14:52 PM »

Golf carts are considered cars, I think..
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« Reply #6 on: July 07, 2006, 12:52:46 PM »

we could use them to get groceries, and run other local errands without using a gallon of gas to do so.

Not unless you have all dirt roads with speed limits of 35mph to get to the grocery store..
That is my understanding of what I read, correct me if I am reading it wrong.
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« Reply #7 on: July 07, 2006, 01:16:13 PM »

we could use them to get groceries, and run other local errands without using a gallon of gas to do so.

Not unless you have all dirt roads with speed limits of 35mph to get to the grocery store..
That is my understanding of what I read, correct me if I am reading it wrong.

yeah, I was about to post that until I saw this.  Most grocery stores are on paved roads since more cars are on paved then unpaved and that means more business
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« Reply #8 on: July 07, 2006, 02:33:39 PM »

Most of the roads out here are dirt, hell even getting to school would be easier. The best part about this would be getting to friends houses, not easy to ride bicycles on the sugarsand out here.
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« Reply #9 on: July 07, 2006, 03:14:26 PM »

Section 5.  Section 316.2123, Florida Statutes, is created 
238 to read:

316.2123  Operation of an ATV on certain roadways.--The operation of an ATV as defined in s. 317.0003 upon the public  roads or streets of this state is prohibited, except that an ATV  may be operated during the daytime on an unpaved roadway where  the posted speed limit is less than 35 miles per hour by a  licensed driver or by a minor under the supervision of a  licensed driver. The operator must provide proof of ownership  pursuant to chapter 317 upon request by a law enforcement 

317.0003  "ATV" means any motorized off-highway or all-terrain vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator and with no passenger


Can you give me a link to the source of this info as there are miles of dirt roads in the area.  Thank You
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« Reply #10 on: July 07, 2006, 07:00:32 PM »

After much research, I have found this to be real.

http://www.hsmv.state.fl.us/2006Ext.doc

Page 4 near the top.

here is the text complete for those who do not want to look it up.

316.2123(1)      The operation of an off-highway vehicle is permitted by a licensed driver             during daylight hours on an unpaved roadway where the posted speed             limit is less than 35 mph and proof of ownership is available.  Minors may          operate off-highway vehicles in the same manner if supervised by a             licensed driver.

316.2123(2)      A county is exempt from this section if the governing body, by majority             vote, votes to exempt the county from this section.


Now, what this means is that WE as an ATV community need to come together and go to our individual county commisioners and lean on them to keep this law and maybe pass an ordinance saying they ACCEPT this new law which goes into effect 10-1-06.  We need to do this now.

I can start a thread or a list on this thread with a list of all the counties in Florida and people put your names next to the county in which you live if you are willing to physically meet with your local county commisioners and ask them to accept this new law.

I live in Orange/Volusia counties, but mainly ride in Marion(ONF),,,,Ocala itself covers Lake, Volusia and Marion counties that I know of,,,,let's get organised people.

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« Reply #11 on: July 07, 2006, 07:02:20 PM »

Ida Man is right we need to do this. This is big.

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« Reply #12 on: July 07, 2006, 07:04:46 PM »

I can't give you the link but if you search on Florida Statues and look under motorvehicles I think that is where you will find it. It is my understanding that this has passed. What about the roads at big scrub, and the North Part of the Forest.

my understanding of the wording opens up all public roads as long as the posted speed limit is under 35MPH(unposted roads in FL are considered 25MPH).

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« Reply #13 on: July 07, 2006, 07:09:13 PM »

Public unpaved roads
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« Reply #14 on: July 07, 2006, 07:19:15 PM »

you will need to hit marion county hard. they have already stop'ed people from riding on there own property is that a joke or what.
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« Reply #15 on: July 07, 2006, 07:28:54 PM »

It is my understanding is that you need a permit if you have 4 or more people riding on your property, or you have a track on you property. This is kinda off the issue.
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« Reply #16 on: July 07, 2006, 11:26:36 PM »

Just a thought. The Fed's aren't bound to follow State Laws in ONF. The US Forest Service dictates policy out there.
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« Reply #17 on: July 08, 2006, 01:12:31 AM »

I hope this law passes this will be good news
for all atv riders that live in live oak area.. Smiley
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« Reply #18 on: July 08, 2006, 06:02:35 AM »

Just a thought. The Fed's aren't bound to follow State Laws in ONF. The US Forest Service dictates policy out there.

Aren't they public unpaved roads??? The law has passed it comes effective in October, the link that Ida Man has says effective October 1, 2006.
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« Reply #19 on: July 08, 2006, 07:54:28 AM »

Yes, they're "unpaved public roads", but they belong to the US Forest Service, so they are not obligated to abide by state ATV legislation. The USFS does cooperate with the State on several issues in ONF, such as hunting, fishing, fire suppression, etc., because it benefits their interests. They might cooperate with this law,(I personally doubt it), or they might not.   
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« Reply #20 on: July 08, 2006, 08:40:25 AM »

Yes, they're "unpaved public roads", but they belong to the US Forest Service, so they are not obligated to abide by state ATV legislation. The USFS does cooperate with the State on several issues in ONF, such as hunting, fishing, fire suppression, etc., because it benefits their interests. They might cooperate with this law,(I personally doubt it), or they might not.   
fastrnrik is right, USFS will never allow ATV's on numbered roads in ONF, they are the governing body in the forest and are implementing more restrictions with the new trail system. I doubt that they would shut down trails and open the numbered roads for ATV use, they don't want us there at all. It would be nice though.
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« Reply #21 on: July 08, 2006, 08:48:42 AM »

Thank you. That's the point I was trying to make all along. 
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« Reply #22 on: July 08, 2006, 09:20:11 AM »

I was wondering if you changed one of the criteria would it stop it from being considered an ATV.
317.0003  "ATV" means any motorized off-highway or all-terrain vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator and with no passenger

For instance the Rhino is not designed to be stradled. Or what if you put high pressure tires on it. Or possibly lengthened the wheelbase. Does it have to meet all criteria because if not we could possibly make them street leagal. Just something I have been wondering, hopefully someone with a better understanding of the law can clarify.
there is a street leagle rhino in an issue of dirt wheels out west!!!!!!!!!!
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« Reply #23 on: July 10, 2006, 10:35:42 AM »

List of counties, comeon people let's get motivated.

Alachua County
Baker County
Bay County
Bradford County
Brevard County
Broward County
Calhoun County
Charlotte County
Citrus County
Clay County
Collier County
Columbia County
DeSoto County
Dixie County
Duval County
Escambia County
Flagler County
Franklin County
Gadsden County
Gilchrist County
Glades County
Gulf County
Hamilton County
Hardee County
Hendry County
Hernando County
Highlands County
Hillsborough County
Holmes County
Indian River County
Jackson County
Jefferson County
Lafayette County
Lake County
Lee County
Leon County
Levy County
Liberty County
Madison County
Manatee County
Marion County


Id@ M@nn

Martin County
Miami-Dade County
Monroe County
Nassau County
Okaloosa County
Okeechobee County
Orange County


Id@ M@nn

Osceola County
Palm Beach County
Pasco County
Pinellas County
Polk County
Putnam County
Santa Rosa County
Sarasota County
Seminole County
St. Johns County
St. Lucie County
Sumter County
Suwannee County
Taylor County
Union County
Volusia County
Wakulla County
Walton County
Washington County
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« Reply #24 on: July 10, 2006, 05:11:31 PM »

List of counties, comeon people let's get motivated.

Alachua County
Baker County
Bay County
Bradford County
Brevard County
Broward County
Calhoun County
Charlotte County
Citrus County
Clay County
Collier County
Columbia County
DeSoto County
Dixie County
Duval County
Escambia County
Flagler County
Franklin County
Gadsden County
Gilchrist County
Glades County
Gulf County
Hamilton County
Hardee County
Hendry County
Hernando County
Highlands County
Hillsborough County
Holmes County
Indian River County
Jackson County
Jefferson County
Lafayette County
Lake County
Lee County
Leon County
Levy County
Liberty County
Madison County
Manatee County
Marion County


Id@ M@nn

Martin County
Miami-Dade County
Monroe County
Nassau County
Okaloosa County
Okeechobee County
Orange County


Id@ M@nn

Osceola County
Palm Beach County
Pasco County
Pinellas County
Polk County
Putnam County
Santa Rosa County
Sarasota County
Seminole County
St. Johns County
St. Lucie County
Sumter County
Suwannee County
Taylor County
Union County
Volusia County
Wakulla County
Walton County
Washington County


We need push this and let the riding freedom room happening
in our areas through out florida.Take Ida_Mann advice out there
and push our votes ahead and we need flight really hard,and this
a good opportunity to do this soon,and if you have all of the list of contact numbers
that will the great to put on here.

Thanks,
American Highlander  Cool
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