Exception to Helmet Requirement

Question

Bryan asked: I found past reference to putting an infant in a sling. I’m exploring the possibility of cycling with an infant in a bakfiets (dutch box-bike) with a “car” seat.  If the infant is in car seat, there is no way to use a helmet. Is this a violation of the law?

Is there a minimum age for cycling in any Florida bicycle statute?

Answer

There is no exception to the requirement that a person under 16 years of age must wear a helmet, even if the device you mention may be as safe for the child. The following are the applicable sections of the Bicycle Regulations

s. 316.2065 – Bicycle Regulations

(3)(a) A bicycle may not be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to his or her person in a backpack or sling.

(b) Except as provided in paragraph (a), a bicycle rider must carry any passenger who is a child under 4 years of age, or who weighs 40 pounds or less, in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle.

(c) A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate control of the bicycle.

(d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger’s head by a strap and that meets the federal safety standard for bicycle helmets …. As used in this subsection, the term “passenger” includes a child who is riding in a trailer or semitrailer attached to a bicycle.

There is no minimum age for operating a bicycle on private property, a bike path, the sidewalk or the roadway.

Posted in Ask Geo, Helmets Tagged with: ,

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