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Vertical tag law costs unsuspecting biker
Antonio Gonzales rode his customized Harley-Davidson from New Mexico to Bike Week, and then his wallet got a painful welcome from a Flagler Beach police officer -- a $1,151 citation for having his bike's license plate mounted vertically on a saddle bag.
"I rode all the way out here and all I have is 700 bucks," Gonzales said. "Then I get a $1,151 ticket." Many bikers who ride customized motorcycles mount their plates vertically. ABATE, a motorcyclists advocacy group, was shocked by the new state law that took effect in the summer, said Mike Price, state legislative director for ABATE of Florida. Price said the problem was "a very poorly written law" meant to target riders who intentionally conceal their plates, including using devices to flip the plates up out of sight. But instead it also snares people who simply mount the plates vertically, Price said. He said ABATE has contacted the law's originators, Rep. Carlos Lopez-Cantera, a Republican from Miami, and Sen. Rudy Garcia, a Republican from Hialeah. "Of course, they realized the error in the wording of the new law and it is our understanding that this law will be corrected during this next legislative session," Price said. Lopez-Cantera and Garcia could not be reached Tuesday, the opening day of the session. Price recommends that motorcyclists take the issue to court and ask to be fined under an already existing law against vertical plates, which calls for only about a $60 fine. The Volusia County Sheriff's Office is only issuing $91 fines for improper display of vertical plates, spokesman Brandon Haught said. He said deputies understand the $1,151 fine has to do more with concealment than improper display. Daytona Beach police have written three or four of the $1,151 citations, a spokesman said. Flagler Beach Police Chief Dan Cody said he thought the fine was excessive, but he added his department has cited three or four bikers with the big fine. "Myself, I'd suggest to all these people to go to court and let the judge decide," Cody said. "To me, it's ridiculous." Florida Legislation
03/02/2009 Action Alert - Important Bills Filed in Florida Legislature
More Info:
Two bills in the legislature should be of interest to all motorcyclists in Florida.
Senate Bill 968, sponsored by Senator Rudy Garcia (R- Hialeah), was filed on January 26 and referred to the following Senate committees on February 5: Criminal Justice; Judiciary; Criminal and Civil Justice Appropriations; and Rules. SB-968 provides enhanced penalties for anyone convicted of a moving violation that causes or contributes to causing serious bodily injury to, or the death of, a person riding a motorcycle.
House Bill 1161, sponsored by Representative Greg Evers (R-Baker), was filed on February 25. HB-1161 provides criminal penalties for anyone who commits a moving violation that causes serious bodily injury to, or causes or contributes to the death of, a person operating or riding in a motor vehicle or operating or riding on a motorcycle.
The penalty provisions in SB-968 and HB-1161 are the same.
Anyone convicted of causing serious bodily injury would be subject to:
• a fine of not less than $500,
• a minimum of 30 days of incarceration,
• mandatory attendance in a driver improvement course,
• revocation of the offender’s driver’s license for not less than 30 days.
Anyone convicted of causing death would be subject to:
• a fine of not less than $1,000,
• a minimum of 90 days of incarceration,
• mandatory attendance in a driver improvement course,
• and revocation of the offender’s driver’s license for not less than one year.
Take a few minutes to contact your state representative and senator to show your support of these bills. Use the “Find Your Legislators” feature on the Florida Senate website to obtain contact information for your elected officials.
When contacting your elected officials, consider the following talking or message points:
• All roadway users, but especially motorcyclists, pay a significant price for the distracted, inattentive, negligent, or careless driving behaviors of other vehicle operators.
• Current penalties are not tough enough to deter or punish violators who injure or killed other roadway users.
• Law enforcement, prosecutors and the courts need new tools such as SB-968 and HB-1161 in their fight to reduce preventable traffic crashes.
Make your voice heard by supporting SB-968 and HB-1161 NOW – contact your elected officials TODAY.
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