FLORIDA’S MOTORCYCLE HELMET LAW
Tell me about Florida’s Motorcycle Helmet Law
Basically, Florida’s Motorcycle Helmet Law applies to all riders within the State. Helmets are not always required under all circumstances. If Florida’s helmet laws apply to you, then the helmet you wear must comply with the Federal Motorcycle Vehicle Safety Standard 218, promulgated by the U.S. Department of Transportation. The Florida Highway Safety and Motor Vehicles, by statute, adopted this standard.
The Florida Motorcycle Helmet Law is codified in the Florida Statutes at Section 316.211. The law states that helmets are required unless the operator is over the age of 21, and they have insurance that provides for at least $10,000.00 in medical benefits. If the rider does not meet the age requirement nor have the required insurance, they must wear a motorcycle helmet. When a rider is required, that helmet must also be compliant.
Are there exceptions to Florida’s Motorcycle Helmet Law?
There are some of the exceptions for not having to wear a helmet. They are:
∙ Riders 21+ years of age who have $10,000.00 in medical insurance benefits.
∙ Persons riding in an enclosed cab.
∙ Anyone 16+ operating a bike/moped with a 50cc engine displacement or less.
∙ Anyone 16+ operating a moped with not more than 2-brake horsepower that can only go up to 30 miles per hour.
Once again, all individuals under age 16 who are riding on a moped must always use an approved helmet.
How do I comply with Florida’s motorcycle insurance exception?
Remember, to meet the $10,000.00 insurance exception, medical insurance must provide benefits specifically for motorcycle crashes. Florida doesn’t require motorcycle insurance, and your automobile Florida PIP vehicle coverage doesn’t automatically cover your motorcycle. Be sure you have a policy that specifically covers the use of a motorcycle, if you have one, and have apprised your insurance agent or carrier that you own or use one.
When did Florida repeal its previous Motorcycle Helmet Law?
Florida repealed its Motorcycle Helmet Law on July 1, 2020. The previous law required all riders to wear a helmet. With this change, some riders can legally operate a motorcycle without wearing a helmet. However, this writer believes that it is not safe to do so without a helmet. The better practice: wear one!
Is Florida’s Motorcycle Helmet Law constitutional?
The United States Court of Appeals upheld the constitutionality of Florida’s Motorcycle Helmet Law in Picou v. Gillum, 874 F.2d 1519 (11th Circ. 1989). This case challenged the law on the grounds of due process, equal protection, and privacy.
The court said that although using a motorcycle helmet is a personal decision, those injured in accidents use public services like ambulances and law enforcement. If they are disabled, they may access public benefits. The court said that although the purpose of the law is to prevent harm to the motorcycle rider, there is a benefit to the public.
Motorcycle helmet laws have been upheld throughout the United States as a valid exercise of police power.
What about eye protection for a motorcyclist in Florida?
Well, eye protection is required for motorcycle operators in Florida. The Motorcycle Helmet Law states that all operators must wear eye protection. Unlike the helmet law, there is no exception for age or insurance.
Can I be charged in criminal court for operating a motorcycle without a helmet in Florida?
No. Operating a motorcycle without a helmet is a noncriminal, nonmoving violation. The operator receives a citation and pays a fine.
It is a fact, according to the Center for Disease Control that helmet use reduces the risk of death to a motorcyclist by greater than 37 percent. In addition, helmet use reduces the risk of head injury by 69 percent.
*Each motorcycle registered to a person under 21 years of age in the State of Florida must display a license plate that is unique in design and color.
There are some differences between the laws of operating a motor vehicle and the laws concerning the operation of a motorcycle. Particularly notable is the assignment of comparative negligence. There is a specific statute that says a jury or factfinder may view failing to use the seatbelt as triggering a comparative negligence situation. However, the seatbelt laws differ from the motorcycle law in two respects. Firstly, the law requires that all drivers wear a seatbelt, except those with a medical condition. Secondly, there is a specific law allowing the jury to apply comparative negligence. These things do not exist under the Florida Motorcycle Helmet Law. Furthermore, even with a helmet, motorcycle riders can still be injured on the road due to another driver’s negligence. But, this does not necessarily mean that courts will not apply some principles of comparative negligence in cases involving motorcycle accidents. So, even if a person was injured by another driver and was not wearing a helmet, they still deserve financial compensation for their injuries.
If you need further information concerning the issue of Florida’s Motorcycle Helmet Law, please call us at (305)661-7000.
