Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 316.2085 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
Statute is currently reporting as:
F.S. 316.2085 Case Law from Google Scholar Google Search for Amendments to 316.2085

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.2085
316.2085 Riding on motorcycles or mopeds.—
(1) A person operating a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle or moped, unless such motorcycle or moped is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the motorcycle or moped at the rear or side of the operator.
(2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator.
(3) The license tag of a motorcycle or moped must be permanently affixed to the vehicle and remain clearly visible from the rear at all times. Any deliberate act to conceal or obscure the legibility of the license tag of a motorcycle is prohibited. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. Alternatively, a license tag for a motorcycle or moped for which the numbers and letters read from top to bottom may be affixed perpendicularly to the ground. Notwithstanding the authorization to affix the license tag of a motorcycle or moped perpendicularly to the ground, the owner or operator of a motorcycle or moped shall pay any required toll pursuant to s. 316.1001 by whatever means available.
(4) No person shall operate a motorcycle or moped while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars.
(5) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or moped or the view of the operator.
(6) A person under 16 years of age may not:
(a) Operate a motorcycle that has a motor with more than 150 cubic centimeters displacement.
(b) Rent a motorcycle or a moped.
(7) 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. 9, ch. 87-161; s. 320, ch. 95-148; s. 7, ch. 96-414; s. 164, ch. 99-248; s. 2, ch. 2008-117; s. 4, ch. 2009-183; s. 7, ch. 2010-223; s. 7, ch. 2012-181.
Note.—Former s. 316.108.

F.S. 316.2085 on Google Scholar

F.S. 316.2085 on Casetext

Amendments to 316.2085


Arrestable Offenses / Crimes under Fla. Stat. 316.2085
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.2085.

Civil Citations / Citable Offenses under S316.2085
R or S next to points is Mandatory Revocation or Suspension

S316.2085 MOTORCYCLE - MOPED - carrying more persons than designed/improper riding (astride)/carrying bundle preventing both hands on handlebars - Points on Drivers License:
S316.2085 (1) Motorcycle - Moped - carrying more persons than designed - Points on Drivers License: 3
S316.2085 (2) Motorcycle - Moped - Improper riding (astride, both wheels on ground) - Points on Drivers License: 3
S316.2085 (3) Motorcycle - Moped - tag improperly affixed, concealed or obscured - Points on Drivers License: 3
S316.2085 (4) Motorcycle - Moped - Carrying bundle preventing both hands on handlebars - Points on Drivers License: 3
S316.2085 (5) Motorcycle - Moped - Riding position interference - Points on Drivers License: 3
S316.2085 (6)(a) MOTORCYCLE - Under 16 years of age operating a motorcycle that has a motor with more than 150 cubic cm. displacement - Points on Drivers License: 3
S316.2085 (6)(b) Under 16/ rent a motorcycle or moped - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.2085

Total Results: 4

Classy Cycles, Inc. v. Bay County

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00

Citation: 201 So. 3d 779, 2016 Fla. App. LEXIS 14507

Snippet: of any other vehicle under chapter 316. Section 316.2085 provides regulations related to the operation

Calvin Eugene Baker v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-26T00:00:00-07:00

Citation: 164 So. 3d 151

Snippet: from the rear or front. Except as provided in s. 316.2085(3), vehicle license plates shall be affixed and

Ago

Court: Fla. Att'y Gen. | Date Filed: 2008-11-19T23:53:00-08:00

Snippet: 08-117, supra, amended section 316.2085(2) and created section 316.2085(3), which respectively provide…1) A person who violates the provisions of s. 316.2085(2) or (3) shall be cited for a moving violation…specifically incorporates the provisions of section 316.2085(2) and (3), Florida Statutes, which relate to … Staff Analysis, "CS for HB 137 amends s. 316.2085, F.S., regarding proper operation of a motorcycle…types of violations. Specifically,violating s. 316.2085, F.S., described above, or speeding in excess

Ago

Court: Fla. Att'y Gen. | Date Filed: 2002-07-08T00:53:00-07:00

Snippet: Thus, such provisions as sections 316.208 and 316.2085, Florida Statutes, which set forth the responsibilities