Motorcycles are a common source of transportation – both for recreation as well as for a source of primary transportation. There is no doubt the popularity of the motorcycles continues to escalate. In fact, according to the American Automobile Association (AAA), motorcycle registration has increased nearly 50% in under a decade. The basis of the growth includes improved reliability, a wider array of models, fuel efficiency, and a large increase in the number of female riders as well as middle age and older riders. Unfortunately, the National Highway Traffic Safety Administration (NHTSA) reports that the growth in motorcycles has been accompanied by a 115% increase in the number of fatal crashes involving motorcycles. In order to be a safe motorcyclist, one must fully understand, and appreciate, the laws of the road. In Florida, there are numerous laws applicable solely to motorcyclists. A highlight of these laws is as follows:
1. Safety helmets – Section 316.211 Equipment for Motorcycle and Moped Riders – Not required for those over the age of 21 with a minimum of $10,000 in medical insurance. Despite the fact that the law does not require the use of a helmet, it is without a doubt the single most important element of motorcycle safety. As trial attorneys, we have encountered those clients that have been involved in motorcycle accidents that, due to the use of a helmet, broke their bones but kept their brains intact. On the other hand, we have also encountered the tragic results of a catastrophic brain injury, and even death, which may have been prevented by the use of a helmet.
2. Licenses and Educational Requirements – Prior to their obtaining their license, the riders must pass a skill as well as a knowledge test. Florida will accept motorcycle endorsements from other states.
3. Eye protection – Eye protection is required by Florida law at all times while operating a motorcycle.
4. Daytime use of headlight – In order to maximize the motorcycle’s visibility to oncoming traffic, daytime use of headlights is required by Florida law, although a modulating headlight is permitted.
5. Passenger – A passenger seat, as well as passenger foot rest, are required for all passengers. There is no age restriction for motorcycle passengers.
6. Speakers – Motorcycle speakers, as well as helmet speakers, are allowed. On the other hand, earphones are illegal as they are obstructive to proper hearing of the motorcyclists.
7. Safety inspections – Florida has no periodic safety inspection requirement.
8. Mufflers – Pursuant to Florida Statute 316.293(5)(A), Noise Abatement Equipment Modifications – No person shall modify the exhaust system of a motorcycle or any other noise abatement device of a motorcycle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motorcycle is above that emitted by the vehicle as originally manufactured.
9. Insurance Requirements – The financial responsibility laws are unique in Florida as they apply to motorcyclists. Florida’s no-fault, or “PIP law”, is mandatory for cars and trucks. This coverage pays for the occupant’s first $10,000.00 or more in medical expenses. This law does not hold true for motorcyclists – Florida’s no-fault law is inapplicable to motorcyclists. On the other hand, the financial responsibility law does apply to all motor vehicles including motorcyclists. Thus, it is highly recommended that all motorcyclists purchase motor vehicle liability insurance. Failure to carry property damage and bodily injury insurance, in case of a crash, may result in possible license suspension.
10. Operation – Pursuant to Florida Statute 316.209, motorcyclists may operate two abreast in the same lane. Specifically, the statute states, “Motorcycles on Roadways Lanes of Traffic – (1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.”
On the other hand, motorcycle lane splitting is prohibited. Pursuant to Section 316.209(2), Operating Motorcycles on Roadways Laned for Traffic, “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”
Motorcycles are fun to operate and serve as an economical source of transportation. In order to stay safe and protect yourself, it is imperative to follow the laws of the road.
