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Florida Statute 316.208 - Full Text and Legal Analysis Florida Statute 316.208 | Lawyer Caselaw & Research
Fla. Stat. § 316.208 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
316.208 Motorcycles and mopeds.
(1) Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application.
(2)(a) Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
1. When overtaking or passing another vehicle proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For purposes of this paragraph, a “substandard-width lane” is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane.
(b) Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
(3) A person propelling a moped solely by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.
(4) No person shall propel a moped upon and along a sidewalk while the motor is operating.
(5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.s. 1, ch. 71-135; s. 1, ch. 76-31; s. 8, ch. 87-161; s. 163, ch. 99-248.
Note.Former s. 316.127.

Civil Citations under F.S. 316.208

Driver's license points · R = revocation · S = suspension
§316.208(2)(a)Riding TOO FAR from right CURB3 pts
§316.208(2)(b)Riding TOO FAR from left CURB3 pts
§316.208(3)FAIL to Yield to pedestrian or before overtaking/passing pedestrian (human power only)3 pts
§316.208(4)Propelling a MOPED upon and along a sidewalk while motor is operating3 pts

Cases Citing F.S. 316.208

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·Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14507

...Motorcycles, *786 mopeds, and motor vehicles are mentioned extensively in chapter 316, All of the vehicles sought to be regulated by the local governments are covered by chapter 316. Chapter 316, Florida Statutes, has numerous statutes governing the operation of vehicles including the equipment required, Section 316.208 provides that any person operating a motorcycle or moped shall be granted all of the lights and shall be subject to all of the duties applicable to the driver of any other vehicle under chapter 316. Section 316.2085 provides regulations related to the operation of motorcycles or mopeds....
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Cited as authorityOakes (2021)
phrase: "rule_authority"

This Florida statute resource is curated by an Orange Park personal injury and workers' comp lawyer, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 316 matters in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.