DRIVER LICENSES, CHAPTER 322 DEFINTIONS, s. 322.01, F.S.
(25)”Motorcycle” means a motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat
or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a
tractor or moped.
(26) ”Motor vehicle” means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guide way,
excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003.
322.57 Tests of knowledge concerning specified vehicles; endorsement;nonresidents;violations.
(1) In addition to fulfilling any other driver’s licensing requirements of this chapter, a person who:
(g) Drives a motorcycle must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles and
a test of his or her driving skills on such vehicle. A person who successfully completes such tests shall be issued an endorsement if
he or she is licensed to drive another type of motor vehicle. A person who successfully completes such tests and who is not licensed
to drive another type of motor vehicle shall be issued a Class E driver’s license that is clearly restricted to motorcycle use only.
HELMET AND EYE PROTECTION REQUIREMENTS
Head injuries are reduced by wearing approved motorcycle helmets!
•
Anyone under 16 years of age
must
wear a Department approved motorcycle helmet and may only ride as a passenger
on any motorcycle, moped, motor-driven cycle regardless of engine size.
•
A person does not need to wear a helmet while operating or riding upon a moped, scooter or other two or three-wheel
motor vehicle 50cc or less, if at
least 16 years of age
.
•
Anyone
16 years of age but less than 21
years of age must wear a Department approved helmet when
operating or riding upon a motorcycle. Per s. 316.211F.S.
•
Persons
at least 21 years of age
may ride a motorcycle without a helmet if they can show proof of medical insurance
coverage in the amounts of at least $10,000.00 that will pay for injuries they may incur in a motorcycle crash. A separate
motorcycle medical insurance policy card or other forms of health insurance coverage will suffice, such as employee
HMO, or Blue Cross or other private health insurance cards. Law officers shall make final determination if proof of
insurance is acceptable.
•
Per s. 316.211(2), a person may not operate a motorcycle as defined in s. 316.003(22), unless the person is wearing one
of these Department approved eye-protective devices over his or her eyes; goggles, face shields designed for use with,
and as part of an approved helmet or eyeglasses including sunglasses. Contact lenses are not acceptable. Each device
must be in good repair, free of sharp edges or projections and made of material suitable for ophthalmic use. It shall be
free from cracks, waves, bubbles or any other defect which may impair its normal visibility. Any tinted device should not
impair the wearer’s ability to see color and shall not be used at night.
The above requirements do not apply to persons riding within an enclosed cab or to persons 16 years of age or older who operate
or ride upon motorcycles powered by a motor with a displacement of 50 cubic centimeters or less or rated not in excess of 2 brake
horsepower and which are not capable of propelling such motorcycles at speeds greater than 30 miles per hour on level ground.
Note: If at anytime however,
the 50 cc or less vehicle being operated exceeds any of the above statute limitations, such as having
the engine enhanced for more horsepower, then said vehicle no longer meets the exempt definition and the operator is subject to
enforcement of the eye-protection device statute.
How to Identify Unsafe & Illegal Motorcycle Helmets if Wearing or Required to Wear Helmets
The U.S. Department of Transportation (DOT) requires that all motorcycle helmets sold in the U.S. meet Federal Motor Vehicle Safety
Standard (FMVSS) 218. Accordingly, Florida law requires that motorcycle helmets meet FMVSS 218 requirements. Chapter 15B-
1006(3), Florida Administrative Code, deals with motorcycle helmet design and construction. The code clearly states: “Helmets not
designed for use by motorcycle occupants, including but not limited to the following, are not approved: bicycle helmets, toy helmets,
military combat helmets, flight helmets, soft helmets and team sports helmets.” Many Florida motorcycle riders wear cheap and
unsafe helmets that do not meet FMVSS 218. Most of these helmets are sold as novelty items by merchants and are used to
circumvent the FMVSS 218 requirements. The following information will exceed FMVSS 218. It is important to note that some
sellers of novelty helmets provide DOT stickers separately for motorcyclists to place on non-complying helmets. In this case, the DOT
sticker is invalid and does not certify compliance.
SNELL or ANSI Sticker
In addition to the DOT sticker, labels located inside the helmet showing that a helmet meets the standards of private organizations
like Snell or the American National Standards Institute (ANSI) are a good indicator that the helmet meets the federal safety
standard. A novelty helmet that has a phony DOT sticker plus a phony Snell or ANSI sticker is rare and would probably not be seen.
Manufacturer’s Labeling
Manufacturers are required by FMVSS 218 to place a label on or inside the helmet stating the manufacturer’s name, model, size,
month and year of manufacture, construction materials, and other information. A helmet that does not meet the federal safety
standard usually does not have such a label. However, some non-compliant helmets are falsely labeled claiming to meet the
standards of FMVSS 218.
Impact Absorbing Liner
Helmets meeting the minimum federal safety standard have an inner liner, usually about one-inch thick, of firm polystyrene foam.
Sometimes the inner liner will not be visible, but you should still be able to feel its thickness. Unsafe helmets normally contain only
soft foam padding or a bare plastic shell with no foam at all.
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