Bill Text: FL S0346 | 2018 | Regular Session | Comm Sub

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Bill Title: Motorcycle and Moped Riders

Spectrum:

Status: (Failed) 2018-03-10 - Died in Appropriations Subcommittee on Transportation, Tourism, and Economic Development [S0346 Detail]

Download: Florida-2018-S0346-Comm_Sub.html

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       Florida Senate - 2018                              CS for SB 346
       
       
        
       By the Committee on Transportation; and Senator Perry
       
       
       
       
       
       596-01403-18                                           2018346c1
    1                        A bill to be entitled                      
    2         An act relating to motorcycle and moped riders;
    3         amending s. 316.211, F.S.; increasing the age at which
    4         persons who are operating or riding upon a certain
    5         motorcycle or a moped are exempt from protective
    6         headgear requirements; requiring a moped registered to
    7         a person under a specified age to display a license
    8         plate that is unique in design and color; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 316.211, Florida Statutes, is amended to
   14  read:
   15         316.211 Equipment for motorcycle and moped riders.—
   16         (1) A person may not operate or ride upon a motorcycle
   17  unless the person is properly wearing protective headgear
   18  securely fastened upon his or her head which complies with
   19  Federal Motorcycle Vehicle Safety Standard 218 promulgated by
   20  the United States Department of Transportation. The Department
   21  of Highway Safety and Motor Vehicles shall adopt this standard
   22  by agency rule.
   23         (2) A person may not operate a motorcycle unless the person
   24  is wearing an eye-protective device over his or her eyes of a
   25  type approved by the department.
   26         (3)(a) This section does not apply to persons riding within
   27  an enclosed cab or to any person over 21 years of age 16 years
   28  of age or older who is operating or riding upon a motorcycle
   29  powered by a motor with a displacement of 50 cubic centimeters
   30  or less or is rated not in excess of 2 brake horsepower and
   31  which is not capable of propelling such motorcycle at a speed
   32  greater than 30 miles per hour on level ground.
   33         (b) Notwithstanding subsection (1), a person over 21 years
   34  of age may operate or ride upon a motorcycle without wearing
   35  protective headgear securely fastened upon his or her head if
   36  such person is covered by an insurance policy providing for at
   37  least $10,000 in medical benefits for injuries incurred as a
   38  result of a crash while operating or riding on a motorcycle.
   39         (4) A person under 21 16 years of age may not operate or
   40  ride upon a moped unless the person is properly wearing
   41  protective headgear securely fastened upon his or her head which
   42  complies with Federal Motorcycle Vehicle Safety Standard 218
   43  promulgated by the United States Department of Transportation.
   44         (5) The department shall make available a list of
   45  protective headgear approved in this section, and the list shall
   46  be provided on request.
   47         (6) Each motorcycle or moped registered to a person under
   48  21 years of age must display a license plate that is unique in
   49  design and color.
   50         (7) A violation of this section is a noncriminal traffic
   51  infraction, punishable as a nonmoving violation as provided in
   52  chapter 318.
   53         Section 2. This act shall take effect July 1, 2018.