Passengers of Motorcycles

In previous blog posts, we have discussed certain laws that pertain to motorcycle drivers. However Florida motorcycle laws also includes sections that pertain to passengers of motorcycles.

For instance Florida Statute 316.2085(1) provides that:

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.

Additionally, Section 316.2085(2) provides that “a person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped.” Subsection (2) provides an exception and establishes that it is not a violation if the motorcycle wheels lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator.

The above laws are just a small example of the motorcycle laws in effect in the State of Florida. The laws are designed out of public policy to ensure a safe riding experience for all motorcycle drivers and their passengers, and to help avoid injury or death while operating a motorcycle.

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