Florida Senate - 2018                                     SB 346
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00434-18                                             2018346__
    1                        A bill to be entitled                      
    2         An act relating to motorcycle and moped riders;
    3         amending s. 316.211, F.S.; increasing the age at which
    4         persons who are operating or riding upon a certain
    5         motorcycle are exempt from protective headgear
    6         requirements; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 316.211, Florida Statutes, is amended to
   11  read:
   12         316.211 Equipment for motorcycle and moped riders.—
   13         (1) A person may not operate or ride upon a motorcycle
   14  unless the person is properly wearing protective headgear
   15  securely fastened upon his or her head which complies with
   16  Federal Motorcycle Vehicle Safety Standard 218 promulgated by
   17  the United States Department of Transportation. The Department
   18  of Highway Safety and Motor Vehicles shall adopt this standard
   19  by agency rule.
   20         (2) A person may not operate a motorcycle unless the person
   21  is wearing an eye-protective device over his or her eyes of a
   22  type approved by the department.
   23         (3)(a) This section does not apply to persons riding within
   24  an enclosed cab or to any person over 21 years of age 16 years
   25  of age or older who is operating or riding upon a motorcycle
   26  powered by a motor with a displacement of 50 cubic centimeters
   27  or less or is rated not in excess of 2 brake horsepower and
   28  which is not capable of propelling such motorcycle at a speed
   29  greater than 30 miles per hour on level ground.
   30         (b) Notwithstanding subsection (1), a person over 21 years
   31  of age may operate or ride upon a motorcycle without wearing
   32  protective headgear securely fastened upon his or her head if
   33  such person is covered by an insurance policy providing for at
   34  least $10,000 in medical benefits for injuries incurred as a
   35  result of a crash while operating or riding on a motorcycle.
   36         (4) A person under 16 years of age may not operate or ride
   37  upon a moped unless the person is properly wearing protective
   38  headgear securely fastened upon his or her head which complies
   39  with Federal Motorcycle Vehicle Safety Standard 218 promulgated
   40  by the United States Department of Transportation.
   41         (5) The department shall make available a list of
   42  protective headgear approved in this section, and the list shall
   43  be provided on request.
   44         (6) Each motorcycle registered to a person under 21 years
   45  of age must display a license plate that is unique in design and
   46  color.
   47         (7) A violation of this section is a noncriminal traffic
   48  infraction, punishable as a nonmoving violation as provided in
   49  chapter 318.
   50         Section 2. This act shall take effect July 1, 2018.