Department of Highway Safety & Motor Vehicles
Motorcycle Helmet Exemption
In an effort to answer questions our department has received regarding the
motorcycle helmet exemption law, we provide the following information.
Who is eligible?
Only those individuals who are:
21 years of age or older and
covered by an insurance policy providing at least $10,000 in medical benefits
When did the law take effect?
The law went into effect on July 1, 2000.
What proof of insurance is required?
The department is advising law enforcement to accept a health insurance card (or
actual policy or declarations page) from a HMO or Blue Cross/Blue Shield or some
other recognized health insurance provider as proof. The card must show current
insurance.
In addition, limited motorcycle medical coverage will also suffice. Contact your
insurance carrier for more information. However, PIP coverage under a personal
passenger vehicle policy would be insufficient for either the operator or
passenger on the motorcycle.
Can I get stopped by law enforcement just for not wearing a helmet?
Like Florida's seat belt law, our department has determined that enforcement for
this provision of law should be secondary. That is, an officer should not
initiate a traffic stop only to determine if a person has insurance coverage.
However, a trooper or other law enforcement officer may stop a motorcycle
operator or passenger riding without a helmet based on reasonable suspicion the
operator or rider is under 21. A law enforcement officer should not stop someone
riding a motorcycle without a helmet only to check his or her age.