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Florida Statute 316.211 | Lawyer Caselaw & Research
F.S. 316.211 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.211

The 2023 Florida Statutes (including 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:

Cases from cite.case.law:

CLASSY CYCLES, INC. v. BAY COUNTY, a a, 201 So. 3d 779 (Fla. Dist. Ct. App. 2016)

. . . Section 316.211 lists equipment required for motorcycle and moped riders. . . . Section 316.211(3)(b) imposes an insurance requirement for medical benefits on a motorcycle operator . . .

W. B. a v. STATE, 179 So. 3d 411 (Fla. Dist. Ct. App. 2015)

. . . attempted stop was justified because W.B. was not wearing protective eyewear, as required by section 316.211 . . . Section 316.211(3)(a) exempts from the requirement of protective eyewear those op•erators who are at . . . powered by motors smaller than fifty cubic cehtime-ters or ratéd not in excess of two brake horsepower. § 316.211 . . .

STONE, v. STATE, 856 So. 2d 1109 (Fla. Dist. Ct. App. 2003)

. . . Florida Statutes section 316.211 does provide that an individual may not ride a motorcycle without an . . . Stat., 316.211(3)(b). . . .

STATE v. L. RAYNAL, A. P., 712 So. 2d 797 (Fla. Dist. Ct. App. 1998)

. . . The trial court dismissed each ease because it found section 316.211, Florida Statutes (1993), to be . . . affirm the trial court’s decision to dismiss these cases,-but unlike the trial court, we find section 316.211 . . . See § 316.211(5), Fla. Stat. (1993). . . .

L. PICOU, v. GILLUM, T., 874 F.2d 1519 (11th Cir. 1989)

. . . . § 316.211, is unconstitutional. . . . that paternalistic legislation is necessarily invalid, this argument is inapplicable to Fla.Stat. § 316.211 . . .

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, A. Jr. v. VOSBURGH, a L., 480 So. 2d 140 (Fla. Dist. Ct. App. 1985)

. . . Appellants asserted the defense of comparative negligence based on an alleged violation of Section 316.211 . . .

LAFFERTY a k a v. ALLSTATE INSURANCE COMPANY, F., 425 So. 2d 1147 (Fla. Dist. Ct. App. 1982)

. . . See Section 316.211, Florida Statutes (1981). . . .

REX UTILITIES, INC. Co. v. L. GADDY, a s L. A., 413 So. 2d 1232 (Fla. Dist. Ct. App. 1982)

. . . plaintiff was not wearing protective headgear at the time the accident occurred in violation of Section 316.211 . . . plaintiffs’ decedent was not wearing protective headgear when the accident occurred in violation of Section 316.211 . . . headgear securely fastened upon his head which complies with standards estab-Iished by the department.” § 316.211 . . . The statute sought to be argued by Rex, Section 316.211(1), Florida Statutes (1977), provides: “No person . . . By enacting Section 316.211(1), our Legislature, in effect, determined that protective headgear “affords . . .

HAMM, v. STATE, 387 So. 2d 946 (Fla. 1980)

. . . We expressly upheld the constitutionality of section 316.211 in State v. . . .