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Does Florida Law Require Motorcyclists / Bikers to Wear a Helmet? One would think that there is a simple answer to this question; however, a motorcyclist / biker should review Section 316.211 of the Florida Statutes to make sure that he or she is complying with Florida law. There are ways to comply with Florida law and avoid wearing a helmet. Many bikers / motorcyclists do not want to wear a helmet and this can be perfectly legal in Florida as long as this statute is complied with.
Section 316.211, Florida Statutes provides rules, regulations and laws for Equipment for Motorcycle and Moped Riders. The first part of the statute provides that a person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.
However, there is an exception to the above general rule under Subsection 2 (b) which provides that a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.
In summary, a person can avoid the requirement of wearing a helmet if the person has at least $10,000 in medical benefits for injuries resulting from a motorcycle accident. It appears that this coverage can be in the form of motorcycle insurance and / or health insurance. See also Motorcycle Accidents in Florida.