Call today for a Free consultation 1-888-722-1974 24 Hour A DAY / Days A Week

Going The Extra Mile For You

Sinclair Law Florida Motorcycle StatutesMelbourne, Palm Bay, Cocoa Beach, Titusville, and Brevard County

Below are the specific Florida Motorcycle Statutes XXIII. If you have questions on these statutes, do not hesitate to contact us.

316.208 Motorcycles and mopeds

(1) Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application.

(2)(a) Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

1. When overtaking or passing another vehicle proceeding in the same direction.

2. When preparing for a left turn at an intersection or into a private road or driveway.

3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For purposes of this paragraph, a “substandard-width lane” is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane.

(b) Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.

(3) A person propelling a moped solely by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.

(4) No person shall propel a moped upon and along a sidewalk while the motor is operating.

(5) A violation of this section is a non-criminal traffic infraction, punishable as a moving violation as provided in chapter 318.

 

316.2085 Riding on motorcycles or mopeds  (Paragraph 3 Effective Jan. 1, 2013)

(1) A person operating a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle or moped, unless such motorcycle or moped is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the motorcycle or moped at the rear or side of the operator.

(2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator.

(3) The license tag of a motorcycle or moped must be permanently affixed to the vehicle and remain clearly visible from the rear at all times. Any deliberate act to conceal or obscure the legibility of the license tag of a motorcycle is prohibited. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. Alternatively, a license tag for a motorcycle or moped for which the numbers and letters read from top to bottom may be affixed perpendicularly to the ground. Notwithstanding the authorization to affix the license tag of a motorcycle or moped perpendicularly to the ground, the owner or operator of a motorcycle or moped shall pay any required toll pursuant to s. 316.1001 by whatever means available.

(4) No person shall operate a motorcycle or moped while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars.

(5) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or moped or the view of the operator.

(6) A person under 16 years of age may not:

(a) Operate a motorcycle that has a motor with more than 150 cubic centimeters displacement.
(b)Rent a motorcycle or a moped.
 
(7) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
 
 

316.209  Operating motorcycles on roadways laned for traffic.

 

(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.

(2)The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
 
(3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
 
(4) Motorcycles shall not be operated more than two abreast in a single lane.
 
(5) Subsections (2) and (3) do not apply to police officers or firefighters in the performance of their official duties.
 
(6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
 
 

316.2095 Footrests, handholds, and handlebars.

 

(1) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.

(2) No person shall operate any motorcycle with handlebars or with handgrips that are higher than the top of the shoulders of the person operating the motorcycle while properly seated upon the motorcycle.
 
(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
 
 

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.
 
For more information, contact us or call us at 321.253.4200. There are no unimportant clients or unimportant cases to Sinclair Law. We are never too busy to answer your questions.

Sinclair Law — Going the extra mile for our Clients.

Serving auto accident, motorcycle accident, truck accident and personal injury victims in Melbourne, Palm Bay, Cocoa Beach, Titusville, Rockledge, Merritt Island, Cape Canaveral and Brevard County.

 

Recent Settlements - We Win for You.

$625k / Motorcycle Accident / Compound Fracture leg / Brevard County, FL – 17 year old male operating a motorcycle when defendant made left turn into him, crushing his leg. This case involved minimal coverage in the amount of $25k. After extensive investigation and discovery, we were able to obtain an additional $600k due to lack of properly signed forms by two of the insurance companies.

$575k / Automobile Accident / Facial Surgery / Brevard County, FL – 29 year old male automobile driver struck commercial vehicle that made an illegal left turn. This case involved heavily contested liability. Injuries resulted in face and jaw surgery.

$625k / Motorcycle Accident / Compound Fracture leg / Brevard County, FL – 17 year old male operating a motorcycle when defendant made left turn into him, crushing his leg. This case involved minimal coverage in the amount of $25k. After extensive investigation and discovery, we were able to obtain an additional $600k due to lack of properly signed forms by two of the insurance companies.

$800K / Motorcycle Accident / Back Surgery / Brevard Country, FL-44 year old male operating a motorcycle when defendant made a left turn directly in front of him. Insurance company heavily contested injuries and liability prior to settlement

Free Case Analysis