Motorcycle — missing passenger footrests
Florida Statute § 316.2095(1), (3)
Summary verified against the 2026 Florida Statutes: October 7, 2026.
Quick Summary
A motorcycle carrying a passenger must have footrests for that passenger unless the passenger rides in a sidecar or enclosed cab. Establish actual passenger carriage AND missing required passenger footrests; a solo motorcycle without passenger footrests does not establish this specific violation. Document the seating arrangement and any sidecar/enclosed-cab exception. This is a civil nonmoving equipment infraction under subsection (3), separate from helmet, eye-protection, seating, endorsement, or lane-operation offenses. The separate subsection (2) handlebar-height rule measures against the properly seated operator’s shoulders, not the passenger.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Motorcycle Equipment
- Type
- Non-Moving
- Civil / Criminal
- Civil
- Offense Classification
- Nonmoving infraction
- Points
- 0
- Fine / Penalty
- $30 base nonmoving penalty under §318.18(2); costs may apply
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally; qualifying death/SBI crash requires hearing under §318.19
- NTA Eligible
- N/A — civil citation
- Custodial Arrest
- No — civil infraction (absent separate lawful basis)
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.