Florida Statute 316.211 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

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

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Amendments to 316.211

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.211

R or S next to points is Mandatory Revocation or Suspension

S316.211 MOTORCYCLE - Motorcycle/Moped - headgear/eye protection - Points on Drivers License: 0

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

Cases Citing Statute 316.211

Total Results: 13

Lafferty v. Allstate Ins. Co.

425 So. 2d 1147

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 522507

Cited 10 times | Published

requiring motorcycle riders to wear helmets. See Section 316.211, Florida Statutes (1981). The fact that the

Stone v. State

856 So. 2d 1109, 2003 WL 22400193

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 1297953

Cited 9 times | Published

while riding his scooter. Florida Statutes section 316.211 does provide that an individual may not ride

David L. Picou v. Jim Gillum, Sheriff of Pasco County, James T. Russell, State Attorney

813 F.2d 1121, 1987 U.S. App. LEXIS 4191

Court of Appeals for the Eleventh Circuit | Filed: Apr 3, 1987 | Docket: 898948

Cited 4 times | Published

passengers to wear protective helmets. Fla.Stat. § 316.-211 (1985). In addition to equal protection and due

Nationwide Mut. Fire Ins. Co. v. Vosburgh

480 So. 2d 140, 10 Fla. L. Weekly 2738

District Court of Appeal of Florida | Filed: Dec 11, 1985 | Docket: 1220599

Cited 4 times | Published

negligence based on an alleged violation of Section 316.211(1), Florida Statutes (1983), which requires

Hamm v. State

387 So. 2d 946

Supreme Court of Florida | Filed: Sep 4, 1980 | Docket: 2552271

Cited 3 times | Published

County, which upheld the constitutionality of section 316.211, Florida Statutes. The statute requires that

Picou v. Gillum

874 F.2d 1519, 1989 WL 54726

Court of Appeals for the Eleventh Circuit | Filed: Jun 13, 1989 | Docket: 66244230

Cited 2 times | Published

mandatory motorcycle hel*1520met law, Fla.Stat. § 316.211, is unconstitutional. The Florida statute provides

W.B. v. State

179 So. 3d 411, 2015 Fla. App. LEXIS 16912, 2015 WL 7008164

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 60251753

Cited 1 times | Published

wearing protective eyewear, as required by section 316.211(2) of the Florida Statutes. This statute requires

JOSIE MACHOVEC v. PALM BEACH COUNTY

District Court of Appeal of Florida | Filed: Jan 27, 2021 | Docket: 45654105

Published

discarded mandatory motorcycle helmet law, section 316.211, Florida Statutes. Notwithstanding constitutional

Classy Cycles, Inc. v. Bay County

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

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 60257072

Published

for passengers, and regulates handlebars. Section 316.211 lists equipment required for motorcycle and

W.B. v. State

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3011939

Published

wearing protective eyewear, as required by section 316.211(2) of the Florida Statutes. This statute requires

Ago

Florida Attorney General Reports | Filed: Jul 8, 2002 | Docket: 3258023

Published

persons operating a motorcycle or moped, or section 316.211, Florida Statutes, which prescribes the equipment

State v. Raynal

712 So. 2d 797, 1998 Fla. App. LEXIS 7555, 1998 WL 336331

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 64781422

Published

court dismissed each ease because it found section 316.211, Florida Statutes (1993), to be unconstitutionally

Rex Utilities, Inc. v. Gaddy

413 So. 2d 1232

District Court of Appeal of Florida | Filed: Apr 27, 1982 | Docket: 1344793

Published

time the accident occurred in violation of Section 316.211(1), Florida Statutes (1977), where the defendant

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.