As of October 1st, anyone caught doing 30mph over the speed limit in Florida faces vehicle confiscation, five to ten years in prison and a ten-year license suspension. Bill HB 137, which was signed into law earlier today, was originally targeted at motorcyclists, but was amended at the last minute to include all vehicles. The full text of the bill follows the jump. Photography credit: Roger Jones
Originally introduced by State Rep. Carlos Lopez-Cantera, who developed an irrational fear of bikers after he witnessed some pulling wheelies and driving dangerously during a ride-along with Miami police, HB 137 has become known as the Anti-Biker Bill due to its discriminatory nature.
Defending motorcyclists during hearings at the state legislature, a representative of ABATE, a motorcycle lobby group, argued that the motorcycle specific penalties far outweighed those for motorists who violate a rider's right of way, killing or injuring them.
While the bill was modified to include all vehicles before being passed into law, the anti-motorcycle language remains, specifically that referring to the revocation of a motorcycle endorsement, leading to some confusion. It's not known if car drivers will face the same license suspension as bike riders.
Jalopnik does not endorse dangerous driving, but its our belief that the best way to make roads safer is through education, not draconian enforcement. After all, isn't anyone with only a week or less of Driver's Ed and very little idea of how to control their vehicle in an emergency driving dangerously? [Via Hell For Leather]
This sucks. I really hope this law will be repealed, for all my friends in Florida. Hopefully other states won't get the same stupid ideas.
I guess it's time to start writing to your local Florida representative and SEMA's SAN <-- Most powerful lobbying apparatus that actually helps drivers and fans of the aftermarket.
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02:49 PM
PFF
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ryan.hess Member
Posts: 20784 From: Orlando, FL Registered: Dec 2002
Yeah, that sucks, those poor people who get caught going over 30MPH over the speed limit, oh how wrong and unfair it is
Seriously, you guys are going to complain about this?
Nah, let them go 30+ MPH over the speed limit. We can only hope those people kill themselves in the act before they breed. Or if they hurt anyone else in doing so, shoot them in the head.
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03:30 PM
Boondawg Member
Posts: 38235 From: Displaced Alaskan Registered: Jun 2003
I guess that'll work, until they can make speedlimit signs that automaticly decrease's your vehicles speed to the posted limit as you pass, and then that speed is goverened until the next sign.
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03:31 PM
blackrams Member
Posts: 33186 From: Covington, TN, USA Registered: Feb 2003
Well I wonder just how that law looks when the State designs a road at 70mph and the Town decides to decrease the speed limit to 40mph as it is in Clarksburg, TN?
I feel confiscation of vehicles should be illegal unless allowed by the owner to be applied toward the fine.
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03:43 PM
joesfiero Member
Posts: 2181 From: North Port,FL,USA Registered: Jan 2008
I live in Florida and I both support and hate this bill. First off, I think that if you are doing 30 over the limit, there should be some Very harsh punishments in order. I dont feel anyone should cry about whatever consequences they get for doing that. HOWEVER, confiscation? Isnt that legal thievery? I dont think the government should be allowed to "steal" any of our stuff. What that tells me is the government feels it is ok to strongarm any of us by actually stealing our personal property! That we paid taxes on!! What happens to the confiscated vehicles? Who gets them? I am not comfortable with any law that says the government can confiscate anything of mine that I paid for, paid taxes on, and acquired legally. I think there should be jailtime in order, or lots of community service, but dont go that far.
-JOE
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03:56 PM
Patrick Member
Posts: 39147 From: Vancouver, British Columbia, Canada Registered: Apr 99
First off, I think that if you are doing 30 over the limit, there should be some Very harsh punishments in order.
There are already punishments in place. 30 over (I think it actually starts at 25, IIRC) is considered reckless driving, on top of the speeding. Under FL law you can lose your license for reckless driving, in addition to various community service/monetary fines and possible jail time. Adding laws and Draconian punishments will not solve anything. You can add all the laws you want nobody will pay attention to the new ones, since they will figure they won't be enforced any better than the old ones. Unless traffic laws in general are actually enforced consistently many people will simply disregard the ones that are inconvenient.
Consistent enforcement means nobody gets a ride. Cops don't get off, Mayors/Governors don't get off, judges don't get off, consistent and equal. No, "well, everyone is going 5 over, so I won't cite them all."
The problem with a blanket statement of, "30mph over means you lose your car," is that 30 over on a deserted two lane road isn't the same as 30 over on the interstate at rush hour, isn't the same as 30 over in a residential zone. 30 over in broad daylight isn't the same as 30 over in the rain at night. 30 over through downtown isn't the same as 30 over through the cornfields when there aren't any crossroads for miles in either direction.
Nevermind the fact that 30 over on a bike is very different than 30 over in an SUV.
I mean, who do you really think is more of a danger to those around them, the woman on the cell phone, yelling at the kids in the back seat and trying to program the GPS, or the guy on the Gixxer actually watching the road, since he realizes that if something happens he'll be dead (most likely)?
Nice. I have a turn off every day that drops from 55 to 35, I have been up to 65 in that stretch before the turn off just to keep up with traffic. I will start slowing down before the turn off from now on. Better to keep my car than be safe.
If I document a policeman doing 30 over without his lights on can I take his car home?
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04:56 PM
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Boondawg Member
Posts: 38235 From: Displaced Alaskan Registered: Jun 2003
If I document a policeman doing 30 over without his lights on can I take his car home?
I only wish. Because then I'd have 4 or 5 crown victorias a day, 2 or 3 impalas, and probably 1 or 2 chargers. Cops around here are the most likely to cause an accident, especially in the city..
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05:41 PM
Old Lar Member
Posts: 13798 From: Palm Bay, Florida Registered: Nov 1999
The speed limit on I-95 is 70 mph. So some of you are concerned that people driving in excess of 100 mph deserve just a slap on the wrist? Most of the idiots driving at break neck speed are convicted habitual offenders and drive with suspended licenses. So I support confiscation of their cars for obviously, the high fines from convictions and suspended licenses have had no effect on their driving habits.
They should do the same for repeat drunk drivers convictions. No car.
Unless it's a true medical or other life threatening emergency, 30 over is excessive speed IMO. Sure, I'd like to be able to drive that fast on occassion, but to be honest, I can't justify it. Even when I lived out in West Texas, where things were wide open and you could see 10 miles down the road, anything still could happen. What if I somehow wrecked, and the ambulance driver wrecked and killed himself and crew while on their way out to save my stupid butt? But, all I can say, is if this law comes to Texas, Houston better buy a dang big building and grounds to store all those vehicles they will impound off Loop 610.
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07:00 PM
FieroJimmy Member
Posts: 744 From: Mechanicsburg, PA Registered: May 2002
But, all I can say, is if this law comes to Texas, Houston better buy a dang big building and grounds to store all those vehicles they will impound off Loop 610.
Same thing in Atlanta, if Georgia did it. I-75, six lanes each way, bumper to bumper, 90mph. And good luck if you need to change lanes.
The speed limit on I-95 is 70 mph. So some of you are concerned that people driving in excess of 100 mph deserve just a slap on the wrist? Most of the idiots driving at break neck speed are convicted habitual offenders and drive with suspended licenses. So I support confiscation of their cars for obviously, the high fines from convictions and suspended licenses have had no effect on their driving habits.
They should do the same for repeat drunk drivers convictions. No car.
I don't worry so much about the interstates, its the speed traps that will get you. What do you do when you think its 55 and its really 25? We also cant lump everyone in one pile, I think it should be up to a judge not just cut and dry you loose your car. What if your speeding to the hospital to say good by to a dying relative? No proof with you that your telling the truth. Should you loose your car? For the record I have never gone more than 80 on I-4 and thats only because the nut cases around me are all doing 90.
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08:26 PM
Patrick Member
Posts: 39147 From: Vancouver, British Columbia, Canada Registered: Apr 99
I don't worry so much about the interstates, its the speed traps that will get you. What do you do when you think its 55 and its really 25?
I think many people have missed this angle (even though it has been mentioned more than once). Quit thinking interstate and start thinking state highway. Some 2-lane roads/state highways have speed limits of 65-70MPH and frequently go through small towns or inhabited areas where the speed limit suddenly drops to 30 or 35MPH. Is it fair to have your car confiscated because you couldn't slow down fast enough? A lot of these small towns rely on these speed zones for their revenue, so if they get to keep your car they'll be that much more efficient at their "job".
I think their heart is in the right place, but in reality if someone *is* driving 100MPH on the highway or is doing 30+ over somewhere else and they see a cop coming after them they will be more prone to try and outrun the cop than to stop knowing that if they do they will lose their ride. It would, IMO, have the opposite effect and would actually encourage reckless behaviour to a certain extent.
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11:29 PM
Mar 20th, 2008
jetman Member
Posts: 7807 From: Sterling Heights Mich Registered: Dec 2002
I don't like this confiscation / siezure idea at all. I'm all for tough laws to enforce safety and penalties as imposed by a judge or by law within reason but I really don't agree with government siezing properties in this fashon. I could see a "third strike" rule where it would be up to a judge but other than that, no. It is inheritently unfair, sieze a 40K cadilac or a $200 clunker in a speed trap.
I found this little tidbit deep into that first link.
quote
The first post has about a dozen errors in it. The bill has only passed one committee in the Florida House of Representatives to date. It still has one more committee stop before being voted on by the full body of the Florida House of Representatives. In the Senate the bill has yet to be heard a single time. So obviously the Governor has not signed anything into law.
The bill in the House has been amended from its original version by the bills House sponsor Rep. Lopez-Cantera. The speeding focus of the bill will be increased to anyone that is speeding 50 mph or greater over the posted speed limit. This applies to both motorcycles and all other motor vehicles. The bill will also be amended to include staggered penalties for first, second and third time offenders. First time offenders will face a $1,000 fine. On the second offense a rider will face $2,500 fine and a one year license suspension. A third time offender will lose their license for 10 years and have to forfeit their vehicle. Additionally language has now been incorporated into the bill that will account for "wheelies" that are beyond the rider's control.
Per the bill sponsor,,,,, carlos.lopez-cantera@myfloridahouse.gov.
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08:43 AM
rogergarrison Member
Posts: 49601 From: A Western Caribbean Island/ Columbus, Ohio Registered: Apr 99
Here in Columbus cops arent supposed to go an faster than 15 mph over the posted limit unless in an active pursuit even with lites and siren on. Never heard of one cited for exceeding that, although they wreck at least 1 patrol car a week. Even had a recent one where 2, neither on a call, ran into each other. I see them cruising the freeway every day at 75-80 where speed limit is 55-65.
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03:32 PM
Rainman Member
Posts: 3877 From: Cincinnati, Ohio Registered: Jan 2003
I break 30mph over the limit daily on my commute to work and back on the highway. When the speed limit is 65, 95 isn't that much faster.
Honest to God, this is a true story. A few months ago a coworker of mine was doing 115mph on I75 on their way into the city, like every morning. Police come up behind them, lights flashing and my coworker pulled over along with the car directly behind them. The cops then begin dealing with the driver of the car behind them and they are waiving my coworker to move on. Finally a cop comes to their window and asks what they are still doing on the side of the highway. Coworker said waiting for the police to tell them what the problem is. Cop said they were after the car behind them for a distance following violation back up the road, they weren't after my coworker and said get back on the highway. Cop never made mention of them going 115mph or to slow down. This is SW Ohio, I see it everyday. My cars see triple digits every morning and afternoon and that's to keep with the flow of traffic, I'm not the leader, I regularly move over for faster people.
[This message has been edited by Rainman (edited 03-20-2008).]
I don't like this confiscation / siezure idea at all. I'm all for tough laws to enforce safety and penalties as imposed by a judge or by law within reason but I really don't agree with government siezing properties in this fashon. I could see a "third strike" rule where it would be up to a judge but other than that, no. It is inheritently unfair, sieze a 40K cadilac or a $200 clunker in a speed trap.
Third strike laws aren't worth the paper they are written on, which is why so many people continue to drive under the influence after their first offense, why people continue to drive uninsured after their firdt offense, why people continue to steal after their 1st conviction and this holds true for just about every offense you can name. If they're gonna pass a law--enforce the dang thing to the limit the FIRST time someone breaks it and it will mean something.
Just like the seat belt laws first there was no fine,then a fine ,now it can be A PENALTY.. THE RICO LAWS WERE INTRODUCED TO HURT THE MAFIA AND ONLY THE MAFIA,then criminals then biker gangs NOW THESE LAWS ARE USED TO CONFISCATE THE PROPERTY OF PEOPLE, THE POLICE OR STATE ATTORNEYS DO NOT LIKE.. When you wish the goverment to punish those you do not like, this can come back and bite you ..It is the interpretation that kills us,gets our property confisticated,our cars ,,our boats .our possessions beware the power of the state the power of the police,laws seldom disapear, they escalate,,What if the law maker did not like modified fast fiero,s??it is not the jump it seems.. People want the OTHERS punished it will never effect me
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11:20 PM
Mar 22nd, 2008
Austrian Import Member
Posts: 3919 From: Monterey, CA Registered: Feb 2007
I'm not saying that going 30mph over the speed limit is good, or should be allowed/ignored. (that is the mere offense of speeding, not including accidents and/or other offenses) What I was trying to say is that a 5-10 year prison sentence for speeding seems a bit draconian. People get off in much less years for rape or assault.
Then again the MPAA managed to lobby legislators to sign a law that imposes a mandatory 10 year prison offense for videotaping a movie in a theater.*
___ * This is for just the act of filming it. Not actually distributing it.