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The Florida Senate

1998 Florida Statutes

SECTION 211
Equipment for motorcycle and moped riders.

316.211  Equipment for motorcycle and moped riders.--

(1)  No person shall operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with standards established by the department.

(2)  No person shall 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)  This section shall 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.

(4)  No person under 16 years of age shall operate or ride upon a moped unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with standards established by the department.

(5)  The department is authorized to approve protective headgear made to specifications drawn and devised by, or approved by, the American National Standards Institute, the United States Department of Transportation, the United States Consumer Products Safety Commission, the United States Department of Defense, or any other entity which can provide equally effective equipment specifications. The department shall publish lists of protective equipment, and such lists shall be made available by request to all users of such equipment.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 85-329; s. 23, ch. 87-161; s. 2, ch. 88-405; s. 321, ch. 95-148.

Note.--Former s. 316.287.