The Florida Motorcycle Helmet Law

The next time you come to Florida for Bike Week or Biketoberfest you won't have to wear a helmet (as long as you meet the legal requirements)!!!

July 1, 2000
Florida's helmet law was NOT completely repealed (gotten rid of). The helmet law was only modified with an amendment to s.316.211 so that the law now stipulates certain requirements for bikers that want to ride helmetless in Florida.

The Actual Florida Helmet Law:
316.211(3)(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.

Where can I get this required insurance?
You Need To Check 2 Places: (1) Your "Health Insurance Company" (2) Your "Motorcycle Insurance Company"
(1) You may find that your "health insurance" already provides for this required insurance coverage. Call and ask your insurance agent if you are covered with at least $10,000.00 in medical benefits in the event of a "motorcycle accident." Some health insurance policies specifically exclude coverage for activities involving motorcycles, ATV's, jet skis and other similar activities. Ask your insurance agent if you are covered.
(2) Check with your motorcycle insurance company to see if you can get "motorcycle" Personal Injury Protection (PIP)(not available in Florida) or medical benefits in the amount of $10.000.00 or more in the event of a "motorcycle accident."

The Florida Department Of Highway Safety And Motor Vehicles is advising law enforcement to accept a health insurance card (or actual policy or declarations page) from a HMO or Blue Cross/Blue Shield or some other recognized health insurance provider as proof.  The card must show current insurance. Call your health insurance company and find out if your current health insurance policy covers you with a minimum of $10,000.00 in medical benefits in the event of a motorcycle accident.

Does my automobile PIP insurance provide the coverage I need for this helmet law?
NO... Automobile PIP coverage is NOT acceptable insurance for either the operator or passenger of a motorcycle. Contact your insurance carrier for more information.

Does my health insurance cover my passenger?
NO... Every person (operator and passenger) that is on a motorcycle must each carry their own required insurance or that person can be ticketed for not being in compliance with the helmet law. If you give someone a ride, and they don't wear a helmet, make sure they are over 21 and have insurance or they can be ticketed. EVERY HELMETLESS PERSON RIDING A MOTORCYCLE IS REQUIRED TO CARRY THIS INSURANCE. The operator's insurance does not cover the passenger.

Can I get pulled over by law enforcement just for not wearing a helmet?
Like Florida's seat belt law, the Department Of Highway Safety And Motor Vehicles has determined enforcement for this provision should be secondary. That is, an officer should not initiate a traffic stop only to determine insurance coverage.

However, law enforcement officer may stop a motorcycle operator or passenger riding without a helmet if the officer suspects the operator or rider is under 21. A law enforcement officer should not stop someone riding a motorcycle without a helmet only to check his or her age.

What You Need If You Are Stopped:
Make sure you always carry your motorcycle endorsed drivers license, vehicle registration and proof of insurance with you at all times. If you do not have the proper insurance or you are under 21, you are breaking the law and will receive a citation.

If you are stopped, chances are you'll have more knowledge about the new law then the officer who stops you, but do not argue with them. Show them your proof of insurance and let them know you are complying with Florida statue 316.211. If they still want to give you a ticket, so be it. While you may have to waste some time in traffic court, you will win in the end if you have the proper insurance. Don't argue with the officer that stops you - you won't win.

For the most part, law enforcement and motorcyclists are respecting and enjoying the new helmet law here in Florida and life is good. In rare times and for whatever reason, an officer may stop you and may seem to have it out for you and issue you a citation for everything they can. If this rare incident happens to you... I highly recommend that when you are stopped, to make sure you have met all your legal requirements, don't harass or argue with the officer... and things will be in your favor. Push it and you'll lose!!!

Enjoy your legal right to choose to ride without a helmet with the proper age and insurance requirements don't forget you are also required to wear protective eyewear.

NOTE: If you wear a helmet, Florida does not require motorcycle insurance of any kind.

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

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