DATE:	December 27, 1995
TO:	ALL PATROL OPERATIONS BUREAU PERSONNEL
FROM:	MAJOR SAM F. LYNN
SUBJECT:	FLORIDA MOTORCYCLE HELMET LAW

On December 8, 1995, Judge Blackwood ruled parts of F.S. 316.211 unconstitutional.

The General Counsel is working with the State Attorney's Office to clarify exactly what impact this order will have on enforcement of 316.211.

Until this issue is resolved, you may continue to enforce 316.211(1): "No personal shall operate or ride upon a motorcycle unless he is properly wearing protective headgear securely fastened upon the head..." The part that follows..."which complies with standards established by the department" will not be enforced by Judge Blackwood's order.

If the rider and passenger are wearing some sort of protective headgear, it need not be D.O.T approved.

Additional information will be provided as it is received.

SFI.kg

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