Florida Vertical Motorcycle License Plate Warning Could be dicey to run a Vertical Plate in Daytona for Bike Week

OFF THE WIRE
http://www.bikernet.com/pages/story_detail.aspx?id=8827
Florida Vertical Motorcycle License Plate Warning Could be dicey to run a Vertical Plate in Daytona for Bike Week
By Rogue and Imre F. Szauter from the AMA, with images courtesy of the Bob T. Collection 2/5/2011
Recently I researched information on Vertical License Plates for motorcycles and the new Florida law pertaining to them. This was done so that people planning to attend Bike Week in Daytona Beach and or visiting Florida anytime would be aware of the new ordinance.
Then another source said they were a Legal Counsel and felt that I was wrong.
In an effort to provide good information to the readers of Bikernet I contacted Attorney Brad Sinclair who is also a motorcyclist and sent in his comments. Again Legal Counsel commented to the contrary.
In our unending efforts to bring you the most accurate word, I contacted the Prestigious American Motorcycle Association, the largest motorcycle association in the country and asked their opinion.

Here's their response:

Dear Rogue:
Thanks for your inquiry regarding the Florida statutes on motorcycle vertical license plates. I have attached three PDF files that contain specific sections of the Florida Statutes; they are available online at http://www.flsenate.gov/statutes . Please keep in mind I am not an attorney, so nothing I provide should be taken as a legal opinion or advice. I am simply responding on how I believe the statutes address this issue.
The first reference, §316.2085(3), outlines the requirements for license tags on motorcycles and mopeds. It specifies that motorcycles and mopeds may display a vertical license tag, “… 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.”
Because this portion of the statute does not differentiate between motorcycles and mopeds registered in Florida from those registered in another state, I interpret the requirement for a prepaid toll account and a transponder to apply to all who exhibit a vertical tag and travel on Florida roadways.
In §316.2085(7), it states “A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.”
In §318.14(13), reference is made to §316.1926. In §316.1926(1), it specifically refers to violations of §316.2085(2) [both wheels on ground] and (3) [license tags] and reads, “A person who violates the provisions of s. 316.2085(2) or (3) shall be cited for a moving violation, punishable as provided in chapter 318.”
Referencing back to §318.14(13), the penalties are outlined in (a), (b) and (c); they read:
(a) A person cited for a violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $1,000. This fine is in lieu of the fine required under s. 318.18(3)(b), if the person was cited for violation of s. 316.1926(2).
(b) A person cited for a second violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $2,500. This fine is in lieu of the fine required under s. 318.18(3)(b), if the person was cited for violation of s. 316.1926(2). In addition, the court shall revoke the person’s authorization and privilege to operate a motor vehicle for a period of 1 year and order the person to surrender his or her driver’s license.
(c) A person cited for a third violation of s. 316.1926 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the court shall impose a fine of $5,000, revoke the person’s authorization and privilege to operate a motor vehicle for a period of 10 years, and order the person to surrender his or her driver’s license.
The statute sections I located support the information Brad provided you.
I hope these specific references provide you the documentation you need to warn motorcyclists, especially those from out-of-state attending events such as Daytona Bike Week, about the severity of the penalties as outlined in the statutes.
Thanks again for your inquiry and your lifetime support of the AMA.
Best regards,
Imre
Mr. Imre F. Szauter Government Affairs Manager American Motorcyclist Association 13515 Yarmouth Drive Pickerington, OH 43147-8214 1 (800) AMA-JOIN 1 (614) 856-1900, ext. 1125
Bottom line is that lawyers, legal counsel and even many of the courts do not agree on some of the laws. If you have a Vertical Tag on your motorcycle and you ride in Florida you will have to decide for yourself, which information is correct. In an effort to make this somewhat entertaining, we recruited vintage motorcycle images from the infamous Bob T. Collection. Enjoy.
--Rogue Sturgis Freedom Fighters Motorcycle Hall Of Fame Member 2005 http://www.bikerrogue.com/