Florida Statute 316.211 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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:

Cases Citing Statute 316.211

Total Results: 12

JOSIE MACHOVEC v. PALM BEACH COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2021-01-27

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

Classy Cycles, Inc. v. Bay County

Court: District Court of Appeal of Florida | Date Filed: 2016-09-28

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

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

W.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-11-12

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

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

W.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-11-12

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

Stone v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-10-22

Citation: 856 So. 2d 1109, 2003 WL 22400193

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-07-08

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

State v. Raynal

Court: District Court of Appeal of Florida | Date Filed: 1998-06-26

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-11-03

Snippet: motorcyclists by Ch. 316, such as that contained in s. 316.211, F.S. That section requires motorcycle riders to

Nationwide Mut. Fire Ins. Co. v. Vosburgh

Court: District Court of Appeal of Florida | Date Filed: 1985-12-11

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

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

Lafferty v. Allstate Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1982-12-15

Citation: 425 So. 2d 1147

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

Rex Utilities, Inc. v. Gaddy

Court: District Court of Appeal of Florida | Date Filed: 1982-04-27

Citation: 413 So. 2d 1232

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

Hamm v. State

Court: Supreme Court of Florida | Date Filed: 1980-09-04

Citation: 387 So. 2d 946

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