Latest on Florida Vertical Tag Law.

OFF THE WIRE
Thought you might be interested in this.

The way I read it is that ABATE of Florida is saying a Vertical Tag is Legal with the prepaid toll transponder which is what we have said.

It also goes on to state : I hate to say it, but it is also rather amusing that, after two weeks of research, the President of ABATE of Florida with input from the Dept. of Safety and Motor Vehicles, the law office of the ABATE Legal Counsel, and motorcycle rights champion Senator Greg Evers, there is no clear and definitive answer about what the Florida Tag Law is in 2011.
Rogue
Sturgis Freedom Fighters
Motorcycle Hall Of Fame Member 2005
http://www.bikerrogue.com/
________________________________________

From: Lee Nelson
Sent: Sunday, February 20, 2011 8:58 AM
To: abatefl@att.net
Subject: Florida Tag Law

This is the latest post on Bikernet.com, a motorcycle based website viewed worldwide, re the Florida Tag Law. Several posts have been made by Biker Rogue with information that indicates that a vertical tag will get you a $1000 first offense fine in Florida. The link below was posted on Bikernet by an individual from Deland, Fl and indicates that vertical tags are not illegal.

http://www.free-press-release.com/news-governor-charlie-crist-signed-amended-bill-res-1252720213.html

I find it amusing that the press release in this link came from the same attorney, Brad Sinclair, who, in conjunction with Biker Rogue, and the AMA, say that a horizontal tag will get you a $1000 fine for the first offense. However, the press release in the above link was from 2009, and the law may have changed again since then.

The ABATE of Florida website indicates that a vertical tag is legal, with restrictions:
Alternatively, a license tag for a motorcycle or moped for which the numbers and letters read from top to bottom may be affixed perpendicularly to the ground, provided that the registered owner of the motorcycle or moped maintains a prepaid toll account in good standing and a transponder associated with the prepaid toll account is affixed to the motorcycle or moped.(Excerpt from Fl 316.2085(3) )
and a violation of this section is:
A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
I can't figure out how to find out what the fine is, but I am reasonably sure that it isn't $1000 for a noncriminal traffic infraction.
I hate to say it, but it is also rather amusing that, after two weeks of research, the President of ABATE of Florida with input from the Dept. of Safety and Motor Vehicles, the law office of the ABATE Legal Counsel, and motorcycle rights champion Senator Greg Evers, there is no clear and definitive answer about what the Florida Tag Law is in 2011.

I am not trying to start anything or to point fingers. There is info being posted on a widely read website that may be partly in error. It was, of course, posted with good intentions, to warn bikers coming to Florida of a potential problem that should be avoided.
So, what is it men? Is it worth a $1000 fine, or is something like $60? Either way it appears to be illegal without the toll transponder.

Thanks for your time,
Lee Nelson
Friedfeet

http://www.flhsmv.gov/Leg2009.htm
316.2085(3)
A motorcyclist may not conceal or obscure their license plate. The requirement that a motorcycle license plate be affixed horizontally is deleted.

Latest on Florida Vertical Yag Law.
No one that I know has a definite answer on this.


It appears that there is still more than one version of laws pertaining to Vertical Tags on the books.

Depending on what one the cop decides to write can make a big difference.

What ABATE of Florida is saying on their web site is if you add a toll transponder to your motorcycle then the vertical tag is legal.

There does seem to be a law that says that and no one is saying there is not.

Why would anyone want to put a ugly toll transponder on their motorcycle Especially if they are not in a are that has tolls?

The toll transponder came as part of a deal to change the law that ABATE originally agreed to that included high fines. Abate of Florida has a history of helping pass laws that make the state money and then getting a reward in the form of a Safety grant for doing so.

This does Not Stop a Cop from pulling over a motorcycle to check if the motorcycle has a transponder. Of course that leads to license, registeration, have you been drinking, what gang are you in etc.

I had my local motorcycle riding attorney and the American Motorcycle Association check the law and they feel the same way that I do that the law is still in affect.

For more information please read my article on BIKERNET http://www.bikernet.com/pages/story_detail.aspx?id=8827
The bottom line is people riding motorcycles in Florida with a Vertical Tag are going to get stopped. The only part that is not agreed on is what the outcome of that stop is going to be.
Rogue