Florida Statutes
Fla. Stat. § 316.211 (2025)
Equipment for motorcycle and moped riders.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Civil Citations under F.S. 316.211
Driver's license points · R = revocation · S = suspension§316.211MOTORCYCLE - Motorcycle/Moped - headgear/eye protection
§316.211(1)MOTORCYCLE - No/Improper headgear (helmet) on rider/operator
§316.211(2)Motorcycle - No approved eye protection device over operator's eyes
§316.211(3)(b)No headgear (helmet)/ No ,000 medical benefit on rider/operator over age 21
§316.211(4)MOPED - No/improper headgear (helmet) on rider/operator (Under 16 years of age)
§316.211(6)Person under 21, failed to display a unique license plate
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1980–2021 · leading case: W.B. v. State, 179 So. 3d 411 (Fla. 3d DCA 2015).
W.B. v. State, 179 So. 3d 411 (Fla. 3d DCA 2015). “was not wearing protective eyewear, as required by section 316.211(2) of the Florida Statutes.”
Lafferty v. Allstate Ins. Co., 425 So. 2d 1147 (Fla. 4th DCA 1982). “See Section 316.211, Florida Statutes (1981).”
Hamm v. State, 387 So. 2d 946 (Fla. 1980). “This is an appeal from a decision of the County Court of Palm Beach County, which upheld the constitutionality of section 316.211, Florida Statutes. The statute requires that the operator of a motorcycle wear protective headgear.”
Stone v. State, 856 So. 2d 1109 (Fla. 4th DCA 2003). “Florida Statutes section 316.211 does provide that an individual may not ride a motorcycle without an approved helmet and eye protection, but also provides an exception to this general rule in subsection (3)(a): This section does not apply to persons riding within an enclosed…”
Nationwide Mut. Fire Ins. Co. v. Vosburgh, 480 So. 2d 140 (Fla. 4th DCA 1985). “Appellants asserted the defense of comparative negligence based on an alleged violation of Section 316.211(1), Florida Statutes (1983), which requires a person riding a motorcycle to wear protective headgear securely fastened.”
Rex Utils., Inc. v. Gaddy, 413 So. 2d 1232 (Fla. 3d DCA 1982). “NOTES [1] This statute provides as follows: "No person shall operate or ride upon a motorcycle unless he is properly wearing protective headgear securely fastened upon his head which complies with standards established by the department.”
Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016). “Section 316.211 lists equipment required for motorcycle and moped riders.”
State v. Raynal, 712 So. 2d 797 (Fla. 2d DCA 1998). “The trial court dismissed each ease because it found section 316.211, Florida Statutes (1993), to be unconstitutionally vague.”
Josie Machovec v. Palm Beach Cnty. (Fla. 4th DCA 2021). “20, 2020) (emphases added). 5 Even if we accepted Appellants’ argument that the order to wear facial coverings was directed to safeguarding the mask wearer, that would make the emergency order similar to Florida’s now discarded mandatory motorcycle helmet law, section 316.”
W.B. v. State (Fla. 3d DCA 2015). “was not wearing protective eyewear, as required by section 316.211(2) of the Florida Statutes.”
— 316.211(1) — 2 cases
Nationwide Mut. Fire Ins. Co. v. Vosburgh, 480 So. 2d 140 (Fla. 4th DCA 1985). “Appellants asserted the defense of comparative negligence based on an alleged violation of Section 316.211(1), Florida Statutes (1983), which requires a person riding a motorcycle to wear protective headgear securely fastened.”
Rex Utils., Inc. v. Gaddy, 413 So. 2d 1232 (Fla. 3d DCA 1982). “NOTES [1] This statute provides as follows: "No person shall operate or ride upon a motorcycle unless he is properly wearing protective headgear securely fastened upon his head which complies with standards established by the department.”
— 316.211(2) — 2 cases
W.B. v. State, 179 So. 3d 411 (Fla. 3d DCA 2015). “was not wearing protective eyewear, as required by section 316.211(2) of the Florida Statutes.”
W.B. v. State (Fla. 3d DCA 2015). “was not wearing protective eyewear, as required by section 316.211(2) of the Florida Statutes.”
— 316.211(3)(a) — 2 cases
W.B. v. State, 179 So. 3d 411 (Fla. 3d DCA 2015). “was not wearing protective eyewear, as required by section 316.211(2) of the Florida Statutes.”
W.B. v. State (Fla. 3d DCA 2015). “was not wearing protective eyewear, as required by section 316.211(2) of the Florida Statutes.”
— 316.211(3)(b) — 1 case
Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016). “Section 316.211 lists equipment required for motorcycle and moped riders.”
— 316.211(5) — 1 case
State v. Raynal, 712 So. 2d 797 (Fla. 2d DCA 1998). “The trial court dismissed each ease because it found section 316.211, Florida Statutes (1993), to be unconstitutionally vague.”
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