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Ticket for no eye protectiion while riding a 49cc MOPED in FLORIDA

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Junior Member
Hello, I'm new here. Today I went to test my 1979 Honda PA50 II moped. It is 49cc and goes about 30 on flat roads and a bit faster down slopes. Left my neighborhood and a cop car came up behind me on the same road. Went down about a mile to the next road. Stopped and then turned right and he put his lights on and pulls me over. Gave a ticket for $114 for not having eye protection. Told me he could given me a ticket for not having $10K pip insurance for not wearing a helmet either.

He listed the ticket under Florida statue 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.

The Florida Motorcycle operators manual for 2013 states the same thing. (Unless I modified the engine to go FASTER-then I need eye protection.) I did not exceed 27 mph. The road I ride on are all 35 mph and under.

Are my chances good at prevailing in court? I have the owners manual that states my make and model and specs of having less than 2 brake horsepower, 49cc and it is a 30MPH model. My registration has me listed as 49cc 2HP model.

Thanks in advance.


Senior Member
You've got nothing to lose but your time in going to court. The law is on your side. Bring the statute citation and something (owner's manual, registration/title papers if you have them) that shows your scoot is only 49cc.

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