Florida Motorcycle Handbook 2009

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Introduction

• Intro
• Florida Rider Training Program (FRTP)
• Laws
• Helmet and Eye Protection Requirements

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FINANCIAL RESPONSIBILITY LAW-IT DOES APPLY TO MOTORCYCLES!

Florida's No-Fault, or "PIP Law" does not apply to motorcycles, "Trikes" or motorcycles with sidecars. HOWEVER, the Financial Responsibility FR Law applies to ALL motor vehicles in Florida, including motorcycles. Thus the voluntary purchase of motor vehicle liability insurance by an owner, operator or owner/ operator is highly recommended. Failure to carry property damage and bodily injury liability insurance in case of a crash, DUI conviction or other occurrences outlined in Florida's FR Law, Ch. 324, may result in some or all of the following: Loss of license/tag and registration, and/or restitution or civil court judgment, and future proof (three years) of high risk, SR22 mandatory liability insurance coverage just to keep your driver license - even if you do not own any motor vehicles.

MOTORCYCLE LICENSING

Motorcycle Also License

All persons requesting a motorcycle endorsement:

• Must hold a Class E license or higher or meet the requirements for a Class E license.
• Must complete a motorcycle safety course, BRC or
• Provide an out-of-state license with a motorcycle endorsement (except Alabama).

Motorcycle Safety Course Completion

The following courses meet Florida's motorcycle rider course requirements for a motorcycle endorsement:

• Certificate of completion from an approved Motorcycle Rider Course, BRC. A list of the approved Florida providers is available in the back of this handbook.
• Law enforcement officers presenting a certificate of completion from a motorcycle training course sponsored by the Institute of Police Technology and Management.
• A Motorcycle Safety Foundation (MSF) sponsored rider course conducted by any branch of the military service.

Motorcycle Only License

Under 18

• Must hold a Learner's License at least 12 months prior to the issuance of a Class E Motorcycle Only license.
• Must provide completion of an approved motorcycle safety course.

Over 18

• Pass the vision, road sign and road rule examinations or hold a current Learner's License.
• Must provide completion of an approved motorcycle safety course.

AGE LIMITATIONS

No one under 16 years of age may legally operate or be licensed to operate any of the following two or three-wheel motor vehicles in Florida roads, streets or highways: motorcycles, mopeds, motor-driven cycles, motorized scooters or electric helper-motor bicycles as defined in s. 316.003(2) F.S.

RESTRICTIONS

Persons holding a Florida Learner's Driver's License may not legally operate or be licensed to operate any two or three wheel motor vehicles on Florida roads, streets or highways regardless of his or her age (Per s. 322.1615 F.S.)

MOPEDS

Moped operators have the same rights and duties as motor vehicle operators and can also receive citations for traffic violations; therefore, they should know and obey these moped laws.

1. Moped operators must be at least 16 years old and hold at least a Class E License to operate a moped on public streets or roadways. A learner's license is not sufficient. (Mopeds fit the definition of a motor vehicle in 322.01(26), Florida Statutes, and s. 322.03, F.S. requires a driver license to operate any motor vehicle)
2. A motorcycle endorsement is not required to operate a moped
3. Mopeds must be registered annually and a tag must be purchased
4. Mopeds may not be operated on bicycle paths or footpaths when operated using the motor
5. Moped operators do not have to carry PIP insurance
6. A moped is defined in s. 320.01(28) F.S. as any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels, with a motor rated not in excess of 2-brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground, and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters

MOTORIZED SCOOTERS: (NOT LEGAL ON PUBLIC STREETS OR SIDEWALKS)

Though considered motor vehicles in section 3.22.01(26) Florida Statutes and tag/registration law, the registration laws do not provide for registration of these vehicles, thus they cannot be operated on public streets or highways; if operated on a public roadway anyway, regardless of a person's age, law officers can require the person to show at least a valid operator (Class E) license as per driver license law they are considered motor vehicles (Statute Ref: s. 322.03(1) and 322.01(26). F.S.)

FLORIDA MOTOR VEHICLE LAWS AND DEFINITIONS (Find these at: http://myFlorida.com)

(Statute definitions for the same term may differ from one section of State Law to another due to the nature of the law being enforced, such as motor vehicle or motorcycle defined in traffic law vs. driver license law)

UNIFORM VEHICLE CONTROL, CHAPTER 316, F.S. DEFINITIONS- s. 316.003 F.S.

(2) BICYCLE: Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle. Note: A driver license is not required to operate an electric helper-motor bicycle.

MOTOR VEHICLE: Any self-propelled vehicle not operated upon rails or guide way, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

MOTORCYCLE: Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped.

BICYCLE PATH: Any road, path, or way that is open to bicycle travel, which road, path, or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way.

MOTORIZED SCOOTER: Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground.

ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE: Any self-balancing, two non-tandem-wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Electric personal assistive mobility devices are not vehicles as defined in this section.

Note: The above refers to a stand-on-and-ride type vehicle with a handlebar control and two (usually large) side-by side wheels; it is not necessarily a disability related vehicle. A driver license is not required for this vehicle; see s. 316.2068 F.S. for more details on operating this type vehicle.

316.1995 Driving upon sidewalk or bicycle path.
No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a non-criminal traffic infraction, punishable as a moving violation as provided in chapter 318.
316.208 Motorcycles and mopeds.
(1) Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter, which by their nature can have no application.
(2)(a) Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

1. When overtaking or passing another vehicle proceeding in the same direction.
2. When preparing for a left-turn at an intersection or into a private road or driveway.
3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right hand curb or edge. For purposes of this paragraph, a "substandard-width lane" is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane.
4. Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
5. A person propelling a moped solely by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.
6. No person shall propel a moped upon and along a sidewalk while the motor is operating.
7. A violation of this section is a non-criminal traffic infraction, punishable as a moving violation as provided in chapter 318.

316.209 Operating motorcycles on roadways laned for 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.
(2) 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.
(4) Motorcycles shall not be operated more than two abreast in a single lane.
(5) Subsections (2) and (3) do not apply to police officers or firefighters in the performance of their official duties.
(6) A violation of this section is a non-criminal traffic infraction, punishable as a moving violation as provided in chapter 318.

316.2095 Footrests, handholds, and handlebars.
(1) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests and handholds for such passenger.
(2) No person shall operate any motorcycle with handlebars or with handgrips that are higher than the top of the shoulders of the person operating the motorcycle while properly seated upon the motorcycle.
(3) A violation of this section is a non-criminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

316.222 Stop lamps and turn signals.
(1) Every motor vehicle, trailer, semi-trailer, and pole trailer shall be equipped with two or more stop lamps meeting the requirements of s. 316.234(1). Motor vehicles, trailers, semi-trailers and pole trailers manufactured or assembled prior to January 1, 1972, shall be equipped with at least one stop lamp. On a combination of vehicles, only the stop lamps on the rear-most vehicle need actually be seen from the distance specified in s.316.234(1).
(2) Every motor vehicle, trailer, semi-trailer, and pole trailer shall be equipped with electric turn signal lamps meeting the requirements of s. 316.234(2).
(3) Passenger cars and trucks less than 80 inches in width, manufactured or assembled prior to January 1, 1972, need not be equipped with electric turn signal lamps.
(4) A violation of this section is a non-criminal traffic infraction, punishable as a non-moving violation as provided in chapter 318.

316.304 Wearing of headsets.
(1) No person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing.
(2) This section does not apply to:
(a) Any law enforcement officer equipped with any communication device necessary in performing his or her assigned duties or to any emergency vehicle operator equipped with any ear protection device.
(b) Any applicant for a license to operate a motorcycle while taking the examination required by s. 322.12(5).
(c) Any person operating a motorcycle who is using a headset that is installed in a helmet and worn so as to prevent the speakers from making direct contact with the user's ears so that the user can hear surrounding sounds.
(d) Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.
(e) Any person using a headset in conjunction with communicating with the central base operation that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.

MOTOR VEHICLE LICENSES, CHAPTER 320

S. 320.02 Registration required; application for registration; forms.
(1) Except as otherwise provided in this chapter, every owner or person in charge of a motor vehicle, which is operated or driven on the roads of this state shall register the vehicle in this state. The owner or person in charge shall apply to the department or to its authorized agent for registration of each such vehicle on a form prescribed by the department. No registration is required for any motor vehicle, which is not operated on the roads of this state during the registration period.

DRIVER LICENSES, CHAPTER 322 DEFINTIONS, s. 322.01, F.S.

(25)"Motorcycle" means a motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or moped.
(26) "Motor vehicle" means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guide way, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003.

322.57 Tests of knowledge concerning specified vehicles; endorsement; nonresidents; violations.
(1) In addition to fulfilling any other driver's licensing requirements of this chapter, a person who:
(g) Drives a motorcycle must successfully complete a Motorcycle Rider Course. A person who successfully completes the Motorcycle Rider Course shall be issued an endorsement if he or she is licensed to drive another type of motor vehicle. A person who successfully completes the Motorcycle Rider Course and who is not licensed to drive another type of motor vehicle shall be issued a Class E driver's license that is clearly restricted to motorcycle use only.

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