Senate Bill 0958c1

    Florida Senate - 1999                            CS for SB 958

    By the Committee on Banking and Insurance; and Senators
    Saunders, Lee, Clary, Horne, Brown-Waite, Bronson, Jones,
    Meek, Webster, Gutman, Diaz-Balart and King



    311-2172-99

  1                      A bill to be entitled

  2         An act relating to motorcycles and mopeds;

  3         amending s. 316.211, F.S.; exempting persons

  4         over a specified age from certain safety

  5         requirements if covered by a policy of

  6         insurance; amending s. 316.405, F.S.; providing

  7         for motorcycle head lights to modulate

  8         according to safety requirements; providing an

  9         effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Subsection (3) of section 316.211, Florida

14  Statutes, is amended to read:

15         316.211  Equipment for motorcycle and moped riders.--

16         (3)(a)  This section shall not apply to persons riding

17  within an enclosed cab or to any person 16 years of age or

18  older who is operating or riding upon a motorcycle powered by

19  a motor with a displacement of 50 cubic centimeters or less or

20  is rated not in excess of 2 brake horsepower and which is not

21  capable of propelling such motorcycle at a speed greater than

22  30 miles per hour on level ground.

23         (b)  Notwithstanding subsection (1), a person over the

24  age of 21 may operate or ride upon a motorcycle without

25  wearing protective headgear securely fastened upon his or her

26  head if such person is covered by a policy of insurance

27  providing for at least $10,000 in medical benefits for

28  injuries incurred as a result of a crash while operating or

29  riding on a motorcycle.

30         Section 2.  Subsection (1) of section 316.405, Florida

31  Statutes, is amended to read:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                            CS for SB 958
    311-2172-99




  1         316.405  Motorcycle headlights to be turned on.--

  2         (1)  Any person who operates a motorcycle or

  3  motor-driven cycle on the public streets or highways shall,

  4  while so engaged, have the headlight or headlights of such

  5  motorcycle or motor-driven cycle turned on.  Failure to comply

  6  with this section during the hours from sunrise to sunset,

  7  unless compliance is otherwise required by law, shall not be

  8  admissible as evidence of negligence in a civil action. During

  9  the hours of operation between sunrise and sunset, the

10  headlights shall be permitted to modulate either the upper

11  beam or the lower beam from its maximum intensity to a lesser

12  intensity, in accordance with Federal Motor Vehicle Safety

13  Standard 571.108.

14         Section 3.  This act shall take effect July 1, 1999.

15

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 958

18

19  1.    Provides that a person over the age of 21 may operate or
          ride a motorcycle without wearing protective headgear if
20        such person is covered by a policy of insurance
          providing for at least $10,000 in "medical benefits" for
21        injuries as a result of a crash while operating a
          motorcycle.
22
    2.    Permits motorcycle operators to modulate their
23        headlights during daylight hours, in accordance with
          federal safety standards.
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