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The open road and the cool highway breeze just makes sense. It all fits into the world of road leathers and helmets. But what doesn’t always make sense are the laws that govern the who, what, when, where, and why of a motorcycle owner’s life. 

This article will put those laws into perspective in a way that you can understand without having to hire a lawyer. But understand this: If you’ve already gotten a ticket, you’re still going to need a lawyer.

Florida Motorcycle License Requirements 

In Florida, the Florida Department of Highways Safety and Motor Vehicles (FLHSMV) sets motorcycle license requirements. Those requirements are as follows:

• You must be at least 16 years old.
• If you’re under 18 years old, you must have had a Learner’s License for at least 12 months with no traffic convictions.
• You must pass the written test (same as for Class E operator’s licenses).
• You must complete the Basic RiderCourse (BRC) or Basic RidercCourse updated (BRCu).

These requirements are concrete and cannot be waived. However, the specific course required varies depending on the kind of motorcycle you’re looking to drive. For example, for three-wheeled vehicles, you will have to take the 3-Wheel Basic RiderCourse (3WBRC) instead of the standard BRC.

Florida Motorcycle Equipment Requirements 

Like other states, Florida has laws regulating the type and style of equipment that every rider or motorcycle must have. That includes things like mufflers, reflectors, lights, a helmet, and so on. Failure to comply with these requirements can result in a traffic ticket with a hefty fine.

Fortunately, most equipment violations will never appear on your insurance. That means these tickets usually won’t affect your premiums. That being said, it’s not wise to bet your record on a “usually.”

Here’s a quick list of laws regulating motorcycle and rider equipment:

Mufflers

All motorcycles must be equipped with approved mufflers. That means mufflers that meet or exceed the legal standards both for sound and pollution levels.

A motorcycle’s muffler has to prevent excessive noise. It is illegal to remove parts of the mufflers (for example, the baffle plates and screens) that serve to dampen the sound level. Tampering with your motorcycle’s muffler to make it louder can result in you getting a ticket for inadequate equipment.

For the same reason, straight pipes are illegal in Florida. These baffle-free mufflers exceed the audible sound limits by a considerable amount. After all, that is kind of the point, hence why they’re illegal.

Reflectors

Reflectors aren’t the same as lights. These are usually reflective items that are positioned on the vehicle to bounce back light shined from particular directions. Unlike lights, reflectors do not produce any light of their own.

In Florida, the law requires one red reflector to be attached to the back of the motorcycle. The reflector absolutely must be red. A reflector that reflects light in any other color will not satisfy the requirements set forth by the law, which means you can get a ticket. Not only do you have to have a reflector, you have to have the right reflector.

Lights

Unlike reflectors, lights do produce light of their own. To satisfy Florida law, motorcycle lights have to come equipped with multi-beam technology, which is lighting capable of shifting between modes. Examples include low-beam and high-beam settings.

These lights must be able to light up people, vehicles, or obstacles from at least 300 feet away on high and at least 150 feet away on low. If the light on your motorcycle’s headlights does not travel that far and adequately light up those things, you can get a ticket for inadequate equipment. 

Helmet

Florida law includes what is known as a “partial helmet law.” That’s because the law requires that some adults wear helmets while allowing others to go without, so long as they have sufficient health insurance.

If you are under the age of 21, whether driving or riding a motorcycle, you must wear a helmet at all times. If you are 21 years or older, you can get away with not wearing a helmet if your insurance meets legal standards.

When we say, “insurance,” here, we don’t mean car insurance. This is not the personal injury protection insurance that the law requires car drivers to have. Rather, the law requires you to have sufficient health insurance. That’s health insurance that covers at least $10,000 in personal injury payments.

To ride without a helmet in Florida, the following two requirements must be met:

• You must be 21 years of age or older.
• You must have health insurance coverage for at least $10,000 in personal injuries.

Florida Motorcycle Registration Process

The FLHSMV requires that motorcycles go through the same registration process as most other motor vehicles. The standard motor vehicle registration process in Florida requires you to have the following information before you can begin:

• Proof of identification (e.g., a driver license).
• Proof of Florida insurance.
• A completed Application for Certificate of Title With/Without Registration (HSMV form 82040).
• Additional information may be required, depending on your situation.

If a vehicle is brand new, it must be registered at the service location at which it is purchased. That includes paying the $225 Initial Registration Fee. This initial registration must take place in person.

Registration renewals are a different subject. Renewals can be done up to three months in advance of their expiration date and can be done electronically. You can even renew your registration over the FLHSMV’s mobile app.

Florida Motorcycle Laws for the Road 

There are well over a thousand paragraphs of laws in Florida’s vehicle codes and almost all of them come with steep penalties for violations. That being said, you don’t have to go out and memorize every single one of these laws in order to achieve peace of mind when riding your bike. Knowing just a few of the most relevant rules of the road can save you time and money.

Lane Splitting 

Lane splitting is illegal in Florida. Although states like California feel that lane splitting reduces congestion and is actually quite safe, most other state legislatures do not agree. Florida is one such state, with section 316.209 of the Florida Statutes making explicit mention to lane splitting.

Section 316.209(2) states, “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.” This renders it illegal to pass a vehicle, even a stationary vehicle, without first switching lanes.

Section 316.209(3) states, “No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.” This subsection makes it illegal to travel between lanes.

These two sections of the law, which make it illegal to overtake a vehicle from the same lane or otherwise travel between lanes, combine to ban lane splitting in its entirety.

Helmet Laws  

Florida’s partial helmet law requires under the age of 21 to wear helmets when riding motorcycles. Adults over the age of 21 can go without helmets as long as they can demonstrate proof of sufficient health insurance (at least $10,000 in benefits).

Passengers are subject to the same requirements.

Helmet law violations are punishable as non-moving violations, similarly to most equipment violations. Non-moving violations have the following benefits over moving violations:

• Non-moving violations don’t usually affect insurance premiums.
• Non-moving violations don’t usually incur points.
• Non-moving violations usually have lower fines.

Carrying Passengers  

You are allowed to carry passengers on your motorcycle as long as your motorcycle meets the necessary design specifications and your passenger rides in such a way that does not impede your ability to see or to use both hands to control the handlebars.

Passengers are only allowed to sit on permanent seats (§316.2085(1)). If you have a driver seat designed for two people or a dedicated passenger seat, you can carry a passenger. However, if there is no dedicated seat designed for permanent use by a passenger, you cannot carry a passenger.

Passengers must also have permanent footrests (§316.2095(1)).

Laws Against Racing Motorcycles in Florida 

Florida’s laws against street racing apply to motorcycles just the same as they apply to other motor vehicles. Whether you’re on a motorcycle or in a car, it is illegal to participate in any kind of race or vehicular exhibition.

Florida’s street racing laws make explicit mention of passengers in those races. If a passenger knowingly rides in a vehicle whose driver participates in a race or exhibition, the passenger can be found guilty of street racing.

A conviction for street racing brings with it hefty fines, surcharges, license penalties, and potential impoundment of your vehicle. The only way to avoid all of these penalties is to either avoid the crime or hire an expert traffic lawyer to represent you in court.

Fines

The fine amount for a street racing conviction varies depending on your record and how many times you’ve been convicted for the same offense in the past. A first-time conviction will impose a fine of between $500 and $1,000 and a second-time conviction will cost between $1,000 and $3,000.

Those fines are listed in possible ranges to be determined at the discretion of the judge overseeing the case. If the judge determines that you should face the minimum penalty for a first-time violation, you will be fined $500. If they decide that your record and courtroom demeanor warrant the maximum penalty, you will be fined $1,000.

A third or subsequent violation will result in a fine of between $2,000 and $5,000.

Surcharges

Surcharges are additional fees that you may have to pay depending on the circumstances surrounding your conviction. The surcharges on each offense vary significantly. For criminal violations like street racing, you will quite likely have to pay a criminal surcharge of one type or another.

License Suspension or Revocation

The difference between a license suspension and a license revocation is stark. A suspended license can be regained after the suspension period. However, when a license is revoked, you can never get it back. Instead, you’ll have to get an entirely new license and go through the system from step one.

For a first-time conviction, the court will revoke your driver license for one year. For a second-time conviction, the court will revoke your driver license for two years. For a third or subsequent conviction, the court will revoke your driver license for four years.

Driving on a revoked license can be considered aggravated unlicensed operation of a motor vehicle, which is a misdemeanor offense.

Vehicle Impoundment

If a police officer has probable cause to believe that you have committed a street racing violation, they have the ability to enter an order of impoundment with the court up to seven days after your citation or arrest.

This order can result in the impoundment of your vehicle. If and when the impounding agency releases your vehicle back to you, you will be responsible for all of the costs associated with the impoundment. For first-time convictions, this impoundment fee can sometimes cost as much as the original fine.

Florida Motorcycle Safety Inspection Requirements 

Florida is one of the only states in the country that has no standard inspection requirements for motorcycles. You are not legally required to obtain motorcycle inspections in Florida.

Florida Motorcycle Insurance Requirements

Motorcycle riders in Florida are not required to provide proof of insurance to register their motorcycles, nor are they required to buy any form of motorcycle insurance. In other words, there are no motorcycle insurance requirements in Florida.

However, there is a health insurance requirement if you are interested in riding your motorcycle in Florida without a helmet. To legally ride a motorcycle in Florida without a helmet, you must be at least 21 years of age and have at least $10,000 in health insurance coverage in the case of an accident.

Items That Every Florida Motorcycle Rider Should Have 

Florida is hot, hot, hot all year ‘round! Add to that the 365-day rainy season and you’ve got an environment unlike any other. To get the most out of your ride, you’re going to need a few things. Here’s a quick list of items that every motorcycle rider should have when riding in Florida:

• Motorcycle goggles. Have you ever been hit in the eye with a water drop at 70 miles per hour? You don’t want to be.
• Sunscreen. You want to have as little skin exposed to the road as possible, in the event of a slide. The rest of your sun-exposed skin should be covered with sunscreen.
• Water. It can be tough to stay hydrated when sweating bullets. Be sure to keep a supply of water on hand whenever going on extended rides.
• Flashlight. Forget one of these and you’ll live to regret it the first time you break down at night.
• Earplugs. Nothing beats the sound of an engine roaring in your ears, except for tinnitus. Tinnitus always wins.

What to Do If You Get a Ticket on Your Motorcycle 

If you get a ticket on your motorcycle, the first thing you should do is decide whether you feel like wasting hundreds of dollars on fines and insurance premium increases. If not, download the WinIt app and choose an expert traffic ticket lawyer to get started taking your ticket to court.

Why waste money paying tickets when you could take your case to court and win it and with WinIt? Download the app and get started fighting your tickets today.