Am I required to wear a helmet while operating a Motorcycle in Florida?
If you are over age 21, you are not required to wear a helmet as long as you have a minimum of $10,000.00 in medical insurance. This can be in the form of a health insurance policy, or in the form of medical payments coverage on a motorcycle insurance policy. If you are under the age of 21, you are required to wear a helmet.
Can you have Personal Injury Protection on a Motorcycle?
No, Florida's mandatory Personal Injury Protection insurance does not apply to motorcycles. Street legal motorcycles with three (3) wheels and motorcycles with attached sidecars are also exempt from this compulsory insurance requirement. The voluntary purchase of motor vehicle liability insurance is recommended for your protection and the protection of other persons. Failure to carry liability insurance can result in the loss of your driver license, tag(s), and registration(s) if you are involved in a traffic accident, convicted of DUI or other occurrences as defined in the Financial Responsibility Law, Chapter 324, Florida Statutes.
What type of insurance should I have on my Motorcycle?
The most important coverage you should have is Uninsured/Underinsured Motorist Coverage. This is the coverage you need in order to properly protect yourself in case of being injured as a result of someone else's negligence. This is a very complicated type of insurance coverage. Please call our office to learn more about this important type of insurance.
What are some Florida Statutes that apply to Motorcycles?
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 noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
316.2085 Riding on motorcycles or mopeds.--
(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, facing forward, with one leg on each side of the motorcycle or moped.
(3) 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.
(4) 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.
(5) 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.
(6) 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) shall not apply to police officers 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.
