322.12  Examination of applicants.--

¹(5)(a)  The department shall formulate a separate examination for applicants for licenses to operate motorcycles. Any applicant for a driver's license who wishes to operate a motorcycle, and who is otherwise qualified, must successfully complete such an examination, which is in addition to the examination administered under subsection (3). The examination must test the applicant's knowledge of the operation of a motorcycle and of any traffic laws specifically relating thereto and must include an actual demonstration of his or her ability to exercise ordinary and reasonable control in the operation of a motorcycle. Any applicant who fails to pass the initial knowledge examination will incur a $5 fee for each subsequent examination, to be deposited into the Highway Safety Operating Trust Fund. Any applicant who fails to pass the initial skills examination will incur a $10 fee for each subsequent examination, to be deposited into the Highway Safety Operating Trust Fund. In the formulation of the examination, the department shall consider the use of the Motorcycle Operator Skills Test and the Motorcycle in Traffic Test offered by the Motorcycle Safety Foundation. The department shall indicate on the license of any person who successfully completes the examination that the licensee is authorized to operate a motorcycle. If the applicant wishes to be licensed to operate a motorcycle only, he or she need not take the skill or road test required under subsection (3) for the operation of a motor vehicle, and the department shall indicate such a limitation on his or her license as a restriction. Every first-time applicant for licensure to operate a motorcycle who is under 21 years of age must provide proof of completion of a motorcycle safety course, as provided for in s. 322.0255, before the applicant may be licensed to operate a motorcycle.

(b)  The department may exempt any applicant from the examination provided in this subsection if the applicant presents a certificate showing successful completion of a course approved by the department, which course includes a similar examination of the knowledge and skill of the applicant in the operation of a motorcycle.

Chapter 320 Motor vehicle licenses. 320.02 Registration required: application for registration: Forms. 1) Requires that all motorcycle and mopeds operated on Florida's public streets and highways have a valid tag.

Chapter 322. Drivers' Licenses. 322.01 Definitions (20) "Motorcycle": Any motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat or saddle for the use of the rider and designed to travel on no more than three wheels in contact with the ground, but excluding a tractor or "moped".

Chapter 322.0255 Florida Motorcycle Safety Education Program. Requires that all first time applicants for a motorcycle endorsement under 21 years of age complete a Motorcycle Safety Course before the endorsement can be issued. Riders 21 years of age or older can voluntarily enroll in the course. Proof of completion of such education course shall be presented to the driver license examining office prior to such licenser to operate a motorcycle.

322.07 Instruction permits and temporary licenses. 1) Any person who, except for his lack of instruction in operating a motor vehicle, would otherwise be qualified to obtain a Class D or Class E driver's license under this chapter, may apply for a temporary instruction permit. The department shall issue such permit entitling the applicant, while having such permit in his immediate possession, to drive a motor vehicle of the type for such a Class D or Class E driver's license is required upon the highways for a period of 60 days, but except when operating a motorcycle or moped as defined in s.316.003, such person must be accompanied by a licensed driver who is 18 years of age or older, who is licensed to operate the class of vehicle being operated, and who is actually occupying the closest seat to the right of the driver.

322.08 application for license. 5) The department may not issue a driver's license to a person who has never been issued a driver's license in any jurisdiction until he successfully completes the traffic law and substance abuse education course proscribed in s. 322.095

324.022 Financial responsibility for property damage. Every owner or operator of a motor vehicle, such motor vehicle is subject to the requirement of ss

***322.03 Drivers must be licensed: penalties. 4) A person shall not operate a motorcycle unless he holds a driver's license that authorizes such operation, subject to the appropriate restrictions and endorsements.5) It is a violation of this section for any person whose driver's license has been expired for more than 4 months to operate a motor vehicle on the highways of this state.

Chapter 320, Motor vehicle licenses and Chapter 322, Driver's Licenses. In the interest of safety, motorcyclist and moped riders are encouraged to obey all traffic laws, rules and regulations while riding in Florida. Certain sections of Chapters 316,320, and 322. Florida Statutes, apply specifically to riders of motorcycles and mopeds. These laws are important and should be observed at all times.

Chapter 316, state uniform traffic control 316.208 Motorcycles and mopeds. 1) any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application.

316.2085 Riding on motorcycle or mopeds. 1) A person operating a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle or moped, unless such motorcycle or moped is designed to carry more then one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the motorcycle or moped at the rear or side of the operator. 2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle or moped. 3) No person shall operate a motorcycle or moped while caring any package, bundle, or other article which prevents him from keeping both hands on the handlebars. 4) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or moped or the view of the operator.

316.209 Operating motorcycle on roadways laned for traffic. 1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane. 2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. 3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. 4) Motorcycles shall not be operated more than two abreast in a single lane. 5) Subsections (2) and (3) shall not apply to police officers in the performance of their official duties.

Driver improvement, Student Traffic Safety Council, and Substance abuse education courses. a) Designation of School. In those areas where defendants are ordered or are allowed to elect to attend a driver improvement school or student traffic safety council school, or are sentenced to a substance abuse education course, the chief judge of the circuit shall issue an administrative order designating the school at which attendance is required. No substance abuse education course shall be approved by the chief judges until approval is first granted by the DUI programs Director. For persons ordered to attend driver improvement schools, these schools approved by the department shall be considered approved for purposes of this rule.