Florida Department of Highway Safety and Motor Vehicles Definitions

The Florida Senate Interim Project Report 2004-160 November 2003 Committee on Transportation James E. “Jim” King, Jr., President FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLE DEFINITIONS SUMMARY Florida Highway Patrol- A review of the key definitions within Florida’s Through enforcement of laws and public education, the highway safety laws shows those definitions differ Florida Highway Patrol (FHP) works to reduce the from chapter to chapter and, in some instances, have number of deaths and injuries on Florida's roadways. caused confusion and have required the courts and the The patrol is divided into the following six operational Attorney General to opine on legislative intent. In units: addition, the key definitions were enacted prior to the recent development and marketing of certain vehicles. • Traffic Enforcement enforces traffic laws and Therefore, legislative review is recommended in order apprehends drivers who violate laws by engaging to determine whether interpretations by the courts and in illegal activities while on the highway; the Attorney General are consistent with legislative intent; to determine highway safety policy on recently • Traffic Homicide Investigations conducts developed and emerging vehicles; and in order to investigations of fatal car crashes and provides decide whether uniform definitions of “vehicle” and evidence for the prosecution of offenders; “motor vehicle” would be appropriate. • Safety Education promotes driver safety and education through safety presentations, media BACKGROUND contacts, and news releases; • This report examines the laws and key definitions The FHP Academy provides law enforcement regarding highway safety and provides an overview of training to FHP recruits and in-service training to the responsibilities of the Department of Highway members of the patrol; Safety and Motor Vehicles (DHSMV) in implementing • the highway safety laws. Investigations conducts criminal investigations targeting auto theft rings, driver license odometer, A. Overview of the Department of Highway and title fraud cases; and Safety and Motor Vehicles • Administration provides support to the director in The Department’s mission is to make highways safe the oversight of the various patrol activities through service, education and enforcement. The relating to accreditation, inspections, and special department has a budget of $357 million and is operations. authorized to employ 4,809 FTEs. This fiscal year, DHSMV will collect an estimated $1.3 billion in Driver Licenses- revenue through its licensing and regulatory responsibilities. The Department is organized into five The Division of Driver Licenses promotes safety on the major units: the Florida Highway Patrol, the Division highways by licensing qualified drivers, controlling and of Driver Licenses, the Division of Motor Vehicles, the improving problem drivers, ensuring drivers are Division of Administrative Services, and Information financially responsible for their actions, and Systems Administration. maintaining records for driver evaluation. The division Page 2 Florida Department of Highway Safety and Motor Vehicle Definitions provides services to the driving public through a and maintains records of vehicle and vessel title network of field offices (including selected county tax transactions. In addition, this bureau issues, renews, collector offices) located throughout the state. The transfers, and maintains inventory for license plates and division’s bureaus are organized into three functional registration decals; areas: licensing services, educational services, and financial responsibility. • The Bureau of Field Operations enforces licensing regulations governing motor vehicle, mobile home, and Licensing services include the following major recreational vehicle dealers. In addition, this bureau activities: enforces titling, registration, and insurance laws; • Issuing driver licenses, including the • The Bureau of Mobile Home and Recreational administration of knowledge (written) and skills (road) Vehicle Construction is responsible for ensuring all tests, and identification cards; mobile/manufactured homes sold in Florida meet federal and state construction standards; and • Administering the Commercial Driver License, Organ Donor, and Motor Voter programs; • The Bureau of Motor Carrier Services registers and audits Florida-based commercial motor carriers in • Identifying and controlling problem drivers by connection with international agreements governing revoking, canceling, or suspending driving privileges; registration and fuel use taxes. • Assisting customers by resolving questions Administrative Services- pertaining to driver licenses, financial responsibility, suspensions and reinstatements; and The Division of Administrative Services provides support services to each of the other divisions such as • Maintaining driver records and conducting personnel administration, budgeting, purchasing, administrative hearings involving hardship license training, and accounting. reinstatements, suspension, medical competency, and financial responsibility. Information Systems Administration- The Bureau of Driver Education and DUI Programs is Information Systems Administration provides a wide responsible for educational services which include range of data processing services through the Kirkman monitoring driver improvement courses and Data Center. This unit is responsible for all electronic commercial driving schools, training and licensing records pertaining to driver licenses and motor instructors, and monitoring motorcycle safety programs vehicles. and instructors. B. Current Highway Safety Law The Bureau of Financial Responsibility is responsible for ensuring drivers acquire and maintain adequate Title XXIII, F.S, is entitled “Highway Safety” and motor vehicle insurance and for identifying uninsured includes chs. 316-325, F.S. These chapters set forth the motorists. laws relating to “State Uniform Traffic Control,” “Off- Highway Vehicle Titling,” “Disposition of Traffic Motor Vehicles- Infractions,” “Title Certificates,” “Motor Vehicle Licenses,” “Highway Patrol,” “Drivers’ Licenses,” The Division of Motor Vehicles protects Florida “Wrecker Operators,” “Financial Responsibility,” and consumers through motor vehicle and vessel titling and “Motor Vehicle Refrigerants and Emissions” registration services. The division also regulates motor respectively. vehicle and mobile home manufacturers and dealers. Most motor vehicle registration and title transactions Chapter 316, F.S., State Uniform Traffic Control- are initiated through county tax collectors who serve as agents for DHSMV. The division’s four bureaus are Chapter 316, F.S., is known as the Florida Uniform responsible for the following activities: Traffic Control Law. The purpose of this chapter is to make traffic laws uniform throughout the state to the • The Bureau of Titling and Registration issues and maximum extent possible. The provisions of this cancels motor vehicle and vessel titles, records liens, chapter apply to the operation of vehicles and the Florida Department of Highway Safety and Motor Vehicle Definitions Page 3 movement of pedestrians upon all state maintained while being ridden by an operator who weighs 170 highways, county maintained highways, municipal pounds, is less than 20 miles per hour. Electric streets and alleys and wherever vehicles have the right personal assistive mobility devices are not vehicles as to travel. See s. 316.072 (1), F.S. The key definitions defined in this section.” used in this chapter are the definitions of “vehicle” and “motor vehicle.” Section 316.003(77), F.S., defines moped as “any vehicle with pedals to permit propulsion by human Section 316.003 (75), F.S., defines vehicle as: “every power, having a seat or saddle for the use of the rider device, in, upon, or by which any person or property is and designed to travel on not more than three wheels; or may be transported or drawn upon a highway, with a motor rated not in excess of 2 brake horsepower excepting devices used exclusively upon stationary and not capable of propelling the vehicle at a speed rails or tracks.” Electric personal assistive mobility greater than 30 miles per hour on level ground; and devices are not vehicles for purposes of s. 316.003, with a power-drive system that functions directly or F.S. See 316.003(83), F.S. automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal Section 316.003(21), F.S., defines motor vehicle as: combustion engine is used, the displacement may not “any self-propelled vehicle not operated upon rails or exceed 50 cubic centimeters.” guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or Chapter 317, F.S., Off-Highway Vehicle Titling- moped.” Chapter 317, F.S., is known as the Florida Off- Because the definition of motor vehicle excludes any Highway Vehicle Titling Act. The purpose of this “bicycle,” “motorized scooter,” “electric personal chapter is to require all off-highway vehicles operated assistive mobility device,” and “moped,” the on public lands and all off-highway vehicles purchased definitions of these vehicles must also be understood. after July 1, 2002, to be titled and issued a certificate of title in order to allow for easy determination of Section 316.003(2), F.S., defines bicycle as “every ownership. Chapter 317, F.S., does not define vehicle propelled solely by human power, and every “vehicle” or “motor vehicle.”

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