Florida Motorcycle Laws

section 316.208

Any person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle.

section 316.2085(1)

A person operating a motorcycle shall ride only upon the permanent and regular seat attached and such operator shall not carry another other person, nor shall any other person ride on a motorcycle unless such motorcycle 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 at the rear or side of the operator. …

section 316.2085(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 … if the wheels … lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator.

section 316.2085(4)

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

section 316.2085(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 view of the operator.

section 316.2085(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 moped.

section 316.2085(3)

The license tag … 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.

section 316.209(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.

section 316.209(2)

The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

section 316.209(3)

No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

section 316.209(4)

Motorcycles shall not be operated more than two abreast in a single lane.

section 316.2095(1)

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

section 316.2095(2)

No person shall operate any motorcycle with handlebars or with handgrips that are higher than the top of the shoulders of the person operated the motorcycle while properly seated upon the motorcycle.

section 316.211(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.

section 316.211(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.

section 316.211(3a)

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.

section 316.211(3b)

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.

section 316.211(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.

section 316.211(5)

The department shall make available a list of protective headgear approved in this section, and the list shall be provided on request.

section 316.211(6)

Each motorcycle registered to a person under 21 years of age must display a license plate that is unique in design and color.

section 316.211(7)

A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

section 316.2397(1)

No person shall drive or move or cause to be moved any vehicle or equipment upon any highway of this state with any lamp or device thereon showing or displaying a red or blue light visible from directly in front.

section 316.2397(2)

It is expressly prohibited for any vehicle or equipment, except police vehicles, to show or display blue lights.

section 316.294

Every vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of the motor vehicle.

section 316.272(1)

Every motor vehicle shall at all times be equipped with an exhaust system in good working order and in constant operation, including muffler, manifold pip, and tail- piping to prevent excessive or unusual noise. In no event shall an exhaust system allow noise at a level which exceeds a maximum decibel level to be established by regulation of the Department of Environmental Protection.

section 316.272(2)

The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

section 316.304(1)

No person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid.

section 316.304(2)

This section does not apply to:

section 316.304(2)(c)

Any person operated a motorcycle who is using a headset that is installed in a helmet and worn so as to prevent the speakers from making direct contact with the user's ears so that the user can hear surrounding sounds.

section 316.304(2)(d)

Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.

section 316.405(1)

Any person who operates a motorcycle … on the public streets or highways shall, while so engaged, have the headlight or headlights of such motorcycle turned on. During the hours of operation between sunrise and sunset, the headlights may modulate either the upper beam or the lower beam from its maximum intensity to a lower intensity.

section 316.405(2)

Failure to comply with the provisions of this section shall not be deemed negligence per se in any civil action.

section 316.211(3)(b)

Notwithstanding subsection (1), a person over 21 years of age may operated 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.

section 316.211(6)

Each motorcycle registered to a person under 21 years of age must display a license plate that is unique in design and color.

section 316.2128

A person who engages in the business of motorized scooters or miniature motorcycles in this state must prominently display at his or her place of business a notice that such vehicles are not legal to operate on public roads, may not be registered as motor vehicles, and may not be operated on sidewalks.

section 316.271(1)

Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet.

section 316.271(2)

No horn or other warning device shall emit an unreasonably loud or harsh sound or whistle.

section 316.271(3)

The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his or her horn, but shall not otherwise use such horn when upon a highway.

section 316.271(4)

No vehicle shall be quipped with, nor shall any person use upon a vehicle, any siren, whistle, or bell.

section 316.271(5)

It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.

section 316.271(6)

Authorized emergency vehicles shall be quipped with a siren.

section 316.420

Every motorcycle shall be equipped with at least one stop lamp.

section 316.430(1)

Every motorcycle shall be equipped with multiple-beam road lighting equipment.

section 316.430(2)

Such equipment shall:

section 316.430(2)(a)

Reveal persons and vehicles at a distance of at least 300 feet ahead when the uppermost distribution of light is selected;

section 316.430(2)(b)

Reveal persons and vehicles at a distance of at least 150 feet ahead when the lowermost distribution of light is selected.

section 316.440

Every motor-driven cycle must comply with the provision of s. 316.261

section 316.445(1)

Every motorcycle, at all times and under all conditions of loading, upon application of the service brake, shall be capable of

section 316.445(1)(a)

Developing a braking force that is not less than 43.5 percent of its gross weight;

section 316.445(1)(b)

Decelerating to a stop from not more than 20 miles per hour at not less than 14 feet per second; and...

section 316.445(1)(c)

Stopping from a speed of 20 miles per hour in not more than 30 feet.

section 316.450

The department is authorized to require an inspection of the braking system on any motor-driven cycle and to disapprove any such braking system on a vehicle which it finds will not comply with the performance ability standard set forth in s. 316.445 The department may refuse to register or may suspend or revoke the registration of any vehicle … when it determines that the braking system thereon does not comply

section 316.455

Every motorcycle and every motor-driven cycle when operated upon a highway shall comply with the requirements and limitations of:

section 316.455(1)

Section 316.271(1) and (2) on the requirement for horns and warning devices.

section 316.455(2)

Section 316.271(3) on the requirement for the use of horns.

section 316.455(3)

Section 316.271(4) on the requirement for sirens, whistles, and bells.

section 316.455(4)

Section 316.271(5) on the requirement for theft alarms.

section 316.455(5)

Section 316.271(6) on the requirement for emergency vehicles.

section 316.455(6)

Section 316.272 on the requirement for mufflers and prevention of noise.

section 316.455(7)

Section 316.294 on the requirement for mirrors.