Florida Motorcycle Handbook 2008

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Introduction

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HELMET AND EYE PROTECTION REQUIREMENTS

Head injuries are reduced by wearing approved motorcycle helmets!

  • Anyone under 16 years of age must wear a Department approved motorcycle helmet and may only ride as a passenger on any motorcycle, moped, motor-driven cycle regardless of engine size.
  • A person does not need to wear a helmet while operating or riding upon a moped, scooter or other two or three-wheel motor vehicle 50cc or less, if at least 16 years of age.
  • Anyone 16 years of age but less than 21 years of age must wear a Department approved helmet when operating or riding upon a motorcycle. Per s. 316.211F.S.
  • Persons at least 21 years of age may ride a motorcycle without a helmet if they can show proof of medical insurance coverage in the amounts of at least $10,000.00 that will pay for injuries they may incur in a motorcycle crash. A separate motorcycle medical insurance policy card or other forms of health insurance coverage will suffi ce, such as employee group or private health insurance cards. Law offi cers shall make fi nal determination if proof of insurance is acceptable.
  • Per s. 316.211(2), a person may not operate a motorcycle as defi ned in s. 316.003(22), unless the person is wearing one of these Department approved eye-protective devices over his or her eyes; goggles, face shields designed for use with, and as part of an approved helmet or eyeglasses including sunglasses. Contact lenses are not acceptable. Each device must be in good repair, free of sharp edges or projections and made of material suitable for ophthalmic use. It shall be free from cracks, waves, bubbles or any other defect which may impair its normal visibility. Any tinted device should not impair the wearer’s ability to see color and shall not be used at night.

The above requirements do not apply to persons riding within an enclosed cab or to persons 16 years of age or older who operate or ride upon motorcycles powered by a motor with a displacement of 50 cubic centimeters or less or rated not in excess of 2 brake horsepower and which are not capable of propelling such motorcycles at speeds greater than 30 miles per hour on level ground. Note: If at anytime however, the 50 cc or less vehicle being operated exceeds any of the above statute limitations, such as having the engine enhanced for more horsepower, then said vehicle no longer meets the exempt defi nition and the operator is subject to enforcement of the eye-protection device statute.

How to Identify Unsafe & Illegal Motorcycle Helmets if Wearing or Required to Wear Helmets

The U.S. Department of Transportation (DOT) requires that all motorcycle helmets sold in the U.S. meet Federal Motor Vehicle Safety Standard (FMVSS) 218. Accordingly, Florida law requires that motorcycle helmets meet FMVSS 218 requirements. Chapter 15B1006(3), Florida Administrative Code, deals with motorcycle helmet design and construction. The code clearly states: “Helmets not designed for use by motorcycle occupants, including but not limited to the following, are not approved: bicycle helmets, toy helmets, military combat helmets, fl ight helmets, soft helmets and team sports helmets.” Many Florida motorcycle riders wear cheap and unsafe helmets that do not meet FMVSS 218. Most of these helmets are sold as novelty items by merchants and are used to circumvent the FMVSS 218 requirements. The following information will exceed FMVSS 218. It is important to note that some sellers of novelty helmets provide DOT stickers separately for motorcyclists to place on non-complying helmets. In this case, the DOT sticker is invalid and does not certify compliance.

SNELL or ANSI Sticker

In addition to the DOT sticker, labels located inside the helmet showing that a helmet meets the standards of private organizations like Snell or the American National Standards Institute (ANSI) are a good indicator that the helmet meets the federal safety standard. A novelty helmet that has a phony DOT sticker plus a phony Snell or ANSI sticker is rare and would probably not be seen.

Manufacturer’s Labeling

Manufacturers are required by FMVSS 218 to place a label on or inside the helmet stating the manufacturer’s name, model, size, month and year of manufacture, construction materials, and other information. A helmet that does not meet the federal safety standard usually does not have such a label. However, some non-compliant helmets are falsely labeled claiming to meet the standards of FMVSS 218.

Impact Absorbing Liner

Helmets meeting the minimum federal safety standard have an inner liner, usually about one-inch thick, of fi rm polystyrene foam. Sometimes the inner liner will not be visible, but you should still be able to feel its thickness. Unsafe helmets normally contain only soft foam padding or a bare plastic shell with no foam at all.

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