11-year-old Florida boy arrested, ordered to appear in court for electric dirt bike

OVIEDO, Fla. - An 11-year-old boy in Oviedo will likely have to miss school to attend a mandatory court date after he was arrested, cited, and released to his parents for riding an electric dirt bike on the street without a driver's license.

It comes as state and local governments, cities and law enforcement, continue to discuss how to safely regulate the rising use of electric bikes and scooters, micromobility devices, and standard motorcycles or vehicles.

Florida 11-year-old arrested, cited for riding e-bike

The backstory:

Chris Kirchner, the boy's father, said the sixth grader was riding his bike on the shoulder of the road, roughly 300 feet from their home on Labor Day, Sept. 7, when an Oviedo police officer stopped him.

The boy, with his fishing pole in hand, was on his way to fish at a nearby pond, his dad said, adding that the electric dirt bike is capped at 20 miles per hour.

"Do you consider a child’s dirt bike a motorcycle? I don't. But by the law – by technical standards, it is," Kirchner said.

"The officer treated him as if he was an adult on a motorcycle and asked him for his license, registration, proof of insurance—which obviously he doesn't have that, he's a child."

The other side:

A spokesperson for the City of Oviedo confirmed the boy was stopped, arrested, and cited for riding a dirt bike in the road, but clarified that the boy's bike was classified as a motorcycle under Florida law.

"The vehicle the 11-year-old was driving was a 4500-watt motorcycle without any pedals. In order for it to be legally allowed on the roadway, it would need to be registered and meet the D.O.T. requirements for motorcycles. The driver/rider would be required to have a driver’s license w/ motorcycle endorsement. There were multiple violations where citations could have been issued, but the officer only issued one.

The officer issued one citation under Fla. Stat.  320.02 for an unregistered vehicle. The statute requires a mandatory court appearance. Fla Statute 322.15 requires drivers’ identification when they are stopped. If they do not have proper identification. The rider did not have a driver’s license, so a fingerprint was placed on the citation to comply with statute. The electric motorcycle was towed since it is not legally allowed on the roadway.

Our officers work diligently to educate parents and kids on what an e-bike is and what is not considered an e-bike, as well as how to be safe when riding. We have completed community outreach, social media and have information on our website. The goal of the police department is to keep the pedestrians, bicyclists and the motoring public safe."

What they're saying:

Oviedo Mayor Megan Sladek called Cade a "good kid," but explained that law enforcement officers are required to strictly follow state definitions regarding motorized vehicles – their hands were tied, she said.

"The State of Florida regulates motorcycle use, and the definition of what counts as a motorcycle and what counts as an e-bike," Mayor Sladek said. "Even if it has two wheels, if it doesn't have pedals, the State of Florida will classify that as a motorcycle and not as an e-bike."

Bodycam video

Local perspective:

Body camera footage recorded the moment Cade was cited and instructed on his court obligations, with an officer issuing him a warning: "You've got to show up or they'll put out a warrant."

Cade's dad asked if he could put the bike in his truck and bring it back home, but the officer refused. Instead, it was seized and towed.

Difference in definitions: Electric bicycle, micromobility device, motorcycle

Dig deeper:

Here is a look at some of the definitions under Florida Statute:

Electric bicycle: A bicycle or tricycle equipped with fully operable pedals, a seat or saddle for the use of the rider, and an electric motor of less than 750 watts which meets the requirements of one of the following three classifications:

• (a) "Class 1 electric bicycle" means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed of 20 miles per hour.
• (b) "Class 2 electric bicycle" means an electric bicycle equipped with a motor that may be used exclusively to propel the electric bicycle and that ceases to provide assistance when the electric bicycle reaches the speed of 20 miles per hour.
• (c) "Class 3 electric bicycle" means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed of 28 miles per hour.

Micromobility Device: A motorized transportation device designed for individual use which is typically 20 to 36 inches in width and 50 pounds or less in weight and which operates at a speed of typically less than 15 miles per hour but no more than 28 miles per hour. This term includes both a human-powered and a nonhuman-powered device such as a bicycle, electric bicycle, motorized scooter, or any other device that is owned by an individual or part of a shared fleet.

Motorcycle: Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground. The term includes an autocycle, but does not include a tractor, a moped, an electric bicycle, or any vehicle in which the operator is enclosed by a cabin unless it meets the requirements set forth by the National Highway Traffic Safety Administration for a motorcycle.

What's next:

Cade and his dad will attend the boy's court hearing next week. He hopes that prosecutors will decide to dismiss the charges given his son's age and circumstances.

The City of Oviedo is actively working to establish clearer local guidelines. City leaders are scheduled to hold a work session on a proposed micro-mobility ordinance ahead of a formal vote on Oct. 5.

Oviedo