Florida 3 tickets on scooter

[cdcoleman]

Was pulled over in Delray beach, Florida for my friend having her legs hanging off the side. I have a 50cc scooter. The cop issued me a ticket because I did not have a helmet on and did not have health insurance, I am over 21 and that law is for individuals under 21. I also recieved a ticket because I did not change the address on my license. He also issued me a ticket for not having a motorcycle license even though my scooter is 50cc (49cc with displacement). He claimed if it goes more than 35 mph you need a motorcycle license.

I looked into it and legally do i need to wear a helmet if im over 21? Also the ticket for not changing my address I did not change it because i live in halfway which legally is considered homeless in the state of Florida so my address on my license is my parents address. Also in the state of florida you only need a motorcycle license on scooters over 50cc. Any advice?

 

[FlyingRon]

He is right, the rules for scooter say that it both must have an engine under 50cc AND less than 2 HP AND and this is important for your situation: be operated at no more than 30 MPH. If you were doing 35, all the motorcycle rules: registration, helmet, motorcycle license apply to you.

And yes, if you're on a motorcycle (as it appears you were), then you MUST either have a helmet or have the appropriate insurance policy. No health insurance, then you broke the helmet law.

 

[adjusterjack]

Any advice?

Yeah, post all the statute numbers that you were cited for.

 

[Insane Jane]

Florida.gov 320.01(28) "Moped" means:

(28)…any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground, and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.

News to me. Most States use under 50 cc, or 49 cc and under.

 

[Insane Jane]

Insurance
.flhsmv.gov/courts/latestinfo/Helmetseyeprotectioninsuranceinfractions.pdf
Helmet requirements under Chapter 316:

Persons under 21 years of age riding or operating a motorcycle must wear DOT approved helmet fastened to head 316.211(1)

Persons over 21 with medical insurance of $10,000 or more may ride/operate a motorcycle without helmet; proof of medical insurance is required... 316.211(3)(b)


Looking at auto insurance in Florida: The minimum requirement is $10,000 personal injury protection (PIP). On my policy, the medical coverage extends to all members of my household, even if I am not involved in the incident. If you or anybody in your household (parents at the address listed on your license) has a policy then you may already be covered.