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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.

316.2085 Riding on motorcycles or mopeds.--

(1) A person operating a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle or moped, unless such motorcycle or moped is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the motorcycle or moped at the rear or side of the operator.

(2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle or moped.

(3) No person shall operate a motorcycle or moped while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars.

(4) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or moped or the view of the operator.

(5) A person under 16 years of age may not:

(a) Operate a motorcycle that has a motor with more than 150 cubic centimeters displacement.

(b) Rent a motorcycle or a moped.

(6) 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. 9, ch. 87-161; s. 320, ch. 95-148; s. 7, ch. 96-414; s. 164, ch. 99-248.

Note.--Former s. 316.108.


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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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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