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Florida Statute 316.211 | Lawyer Caselaw & Research
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F.S. 316.211 Case Law from Google Scholar Google Search for Amendments to 316.211

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.211
316.211 Equipment for motorcycle and moped riders.
(1) A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.
(2) A person may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes of a type approved by the department.
(3)(a) This section does not apply to persons riding within an enclosed cab or to any person 16 years of age or older who is operating or riding upon a motorcycle powered by a motor with a displacement of 50 cubic centimeters or less or is rated not in excess of 2 brake horsepower and which is not capable of propelling such motorcycle at a speed greater than 30 miles per hour on level ground.
(b) Notwithstanding subsection (1), a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.
(4) A person under 16 years of age may not operate or ride upon a moped unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.
(5) The department shall make available a list of protective headgear approved in this section, and the list shall be provided on request.
(6) Each motorcycle registered to a person under 21 years of age must display a license plate that is unique in design and color.
(7) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 85-329; s. 23, ch. 87-161; s. 2, ch. 88-405; s. 321, ch. 95-148; ss. 4, 167, ch. 99-248; s. 6, ch. 2000-313; s. 13, ch. 2006-290.
Note.Former s. 316.287.

F.S. 316.211 on Google Scholar

F.S. 316.211 on Casetext

Amendments to 316.211


Arrestable Offenses / Crimes under Fla. Stat. 316.211
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.211.


Civil Citations / Citable Offenses under S316.211
R or S next to points is Mandatory Revocation or Suspension

S316.211 (1) MOTORCYCLE - No/Improper headgear (helmet) on rider/operator - Points on Drivers License: 0
S316.211 (2) Motorcycle - No approved eye protection device over operator's eyes - Points on Drivers License: 0
S316.211 (3)(b) No headgear (helmet)/ No $10,000 medical benefit on rider/operator over age 21 - Points on Drivers License: 0
S316.211 (4) MOPED - No/improper headgear (helmet) on rider/operator (Under 16 years of age) - Points on Drivers License: 0
S316.211 (6) Person under 21, failed to display a unique license plate - Points on Drivers License: 0


Annotations, Discussions, Cases:

No results found for statute 316.211.