316.211
Equipment for
motorcycle and moped
riders.
(1) 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.
(2) A person may
not operate a
motorcycle unless
the person is
wearing an
eye-protective
device over his or
her eyes of a type
approved by the
department.
(3)(a) This
section does not
apply to persons
riding within an
enclosed cab or to
any person 16 years
of age or older who
is operating or
riding upon a
motorcycle powered
by a motor with a
displacement of 50
cubic centimeters or
less or is rated not
in excess of 2 brake
horsepower and which
is not capable of
propelling such
motorcycle at a
speed greater than
30 miles per hour on
level ground.
(b) Notwithstanding
subsection (1), 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.
(4) A person
under 16 years of
age may not operate
or ride upon a moped
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.
(5) The
department shall
make available a
list of protective
headgear approved in
this section, and
the list shall be
provided on request.
(6) Each
motorcycle
registered to a
person under 21
years of age must
display a license
plate that is unique
in design and color.
(7) A violation
of this section is a
noncriminal traffic
infraction,
punishable as a
nonmoving violation
as provided in
chapter 318.