Florida’s Motorcycle Helmet Law – Florida Statute §316.211 – Equipment for Florida Motorcycle and Florida Moped Riders and Passengers

Florida's Motorcycle Helmet Law_fightsforyou.netNotwithstanding the risks of riding a motorcycle on Florida roadways without safety equipment, specifically, a motorcycle helmet to protect ones head from the catastrophic injures that can occur (most notably, head injuries such as post concussive syndrome and TBI (traumatic brain injury)) when involved in a Miami Florida motorcycle accident by being cut off by a car or hit by a truck, in October of 2000, the Florida legislature removed the requirement of wearing a motorcycle helmet to persons over 21 when certain requirements are met.

Florida’s Motorcycle Helmet Law: according to Florida Statute §316.211, the following are the important Florida motorcycle helmet safety regulations (also known as Florida Traffic Regulations) required under Florida law when operating a motorcycle on South Florida’s roadways:

  • In general, a person may not operate or ride (ie., as a passenger) upon a motorcycle unless the person is properly wearing protective headgear (ie., a motorcycle helmet) that complies with Federal Motorcycle Vehicle Safety Standard 218;
  • The general Florida motorcycle helmet law requirement above 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 does not go faster than 30 miles per hour;
  • If you are over  21, you may operate or ride upon a motorcycle without wearing protective headgear (ie., a motorcycle helmet) so long as you are 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; and
  • If you are 16 years of age or older, you can operate or ride upon a moped without wearing protective headgear (ie., a moped or motorcycle helmet).

Moral of the Story: if you ride a motorcycle or operate a motorcycle on Florida roadways, in order to protect yourself from catastrophic injuries or a fatality (ie., wrongful death) due to a Homestead Florida motorcycle accident, you should probably wear protective headgear such as a motorcycle helmet, however, whether you are driving a motorcycle or merely riding as a passenger in Orlando, Kissimmee, Lake Buena Vista, Marco Island, Davie, Sunrise, Pembroke Pines, Parkland, Tamarac, Coral Springs, Hollywood, Allapattah, Miami Gardens, Aventura, Tamiami, Kendale Lakes, The Hammocks, Miami Beach, Hialeah, West Kendall, Homestead, the Florida Keys, Weston, Florida City, Cutler Bay, Miami Shores, Sunny Isles, Opa-locka, Miami Lakes, West Palm Beach, Key West or another area within Miami, Fort Lauderdale or Palm Beach, or anywhere in Miami-Dade, Broward, Palm Beach or Monroe Counties, know that Florida’s Motorcycle Helmet Law, ie., Florida Statute §316.211, does not require you to wear a helmet if you are over 21 years of age and are covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash.


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