Helmets?
Question
Chloe asked: When I go riding and 3/4 of it is sidewalk and 1/4 is bike lane do I still need a helmet?
Answer
If you are under 16 years of age, you must wear a helmet when riding a bicycle. The location is not a factor.
s. 316.2065 – Bicycle Regulations
(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 ….
As regards enforcement, there is an exception, but it’s limited. Per s. 316.2065(19), F.S., “a law enforcement officer may not issue citations to persons on private property [for a violation of subsection (3), which includes the helmet requirement Geo quoted], except any part thereof which is open to the use of the public for purposes of vehicular traffic.”
Thus, a cyclist under the age of 16 who rode without a helmet on, say, a driveway that was not open to the public for purposes of vehicular traffic could not be cited.
In a private driveway I understand, still could be dangerous… But if they are in a gated community under age 16 they should be wearing a helmet?? Correct?
Debbie,
Your condo may have an agreement with local police to enforce traffic laws within the gated community. If that is the case, Florida traffic laws apply, including the requirement to use a helmet for those under 16 years of age. If there is no such agreement, your condo rules apply, but are not enforced by the police, since it is private property. See this post:
http://flbikelaw.org/2010/04/bicycles-on-private-roads/