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Motorcycle Laws in Florida

These references are for Florida only and are offered for general background purposes.  Because laws are frequently amended they should not be relied upon without reviewing your legal situation with an experienced motorcycle accident attorney.  Other statutes and laws may also apply.

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.

(b) 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.

(3) 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.

(4) No person shall propel a moped upon and along a sidewalk while the motor is operating.

(5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 8, ch. 87-161; s. 163, ch. 99-248.

Note.--Former s. 316.127.

The McMillen Law Firm represents motorcycle accident victims throughout Florida, including Orlando, Tampa, Jacksonville, Ft. Lauderdale, Bradenton, Clearwater, Daytona Beach, Fort Myers, Fort Pierce, Kissimmee, Melbourne, Miami, Naples, Panama City, Pensacola, Sarasota, St. Augustine, St. Petersburg, Sebring, Tallahassee, Vero Beach, and West Palm Beach, and the counties of Bay, Brevard, Broward, Collier, Dade, Duval, Escambia, Highlands, Hillsborough, Indian River, Lee, Leon, Manatee, Martin, Miami, Orange, Osceola, Palm Beach, Pinellas, Polk, St. John’s, St. Lucie, Sarasota, Stuart, and Volusia
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Tampa, Florida 33607
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Jacksonville, Florida 32256
Phone:   904-371-3518

 This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship.  Motorcycle laws vary from state to state and are constantly changing.   If you think you may have a motorcycle accident claim you should promptly contact a lawyer in your state with experience in handling motorcycle cases.

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