Legal age for child to ride on back of motorcycle

There are plenty of motorcycle enthusiasts in Florida who enjoy the sensation and freedom of riding on two wheels. However, motorcycles are inherently riskier than traditional passenger vehicles, so it is important to know the state’s motorcycle laws, particularly those concerning passengers. Here, we want to discuss the most important Florida motorcycle passenger laws you need to know.

Motorcycle accidents are not uncommon

During the latest reporting year in the state, the Florida Department of Highway Safety and Motor Vehicles states that there were 9,143 total motorcycle crashes reported. Out of those incidents, there were 7,849 injuries and 631 fatalities. When we look more closely at the data, we can see that there were 25 motorcycle passengers killed and 621 motorcycle passenger injuries.

Motorcycle passenger laws you need to know

Florida law prohibits passengers from riding on motorcycles that are not designed for two people. ON a two-person motorcycle, passengers must ride on the back of the same seat that the driver is using. Or on a separate seat that is attached to the motorcycle. A second seat can be behind or beside the driver’s seat.

  • Helmets. In Florida, anyone over the age of 21 is not required to wear a helmet if there is an insurance policy that covers at least $10,000. That does not mean a passenger should forego a helmet. These devices save lives.
  • Footrests. In Florida, a motorcycle must have passenger footrests installed on the vehicle. The passenger should be able to reach the pegs with their feet. If they cannot do so, it could create balance difficulty for the driver of the motorcycle.
  • Children. In this state, children are allowed to ride on motorcycles, and there is no age restriction. Children must abide by the same safety requirements, and they are required to wear a helmet. It is important to educate children on issues of motorcycle safety as well as the dangers of distracting a driver while riding.
  • Sidecars. While most motorcycle passengers ride behind the driver and hold on for safety, there are times when a motorcycle has a sidecar for passengers to ride in. Sidecar riders should never distract a driver. If they are under 21, they must wear a helmet. When there is a sidecar, motorcycles do not have to have passenger footrests installed on the bike.

Additional safety measures

Motorcycle passengers should never distract a driver while on the roadway. While there is no rule about passengers riding while intoxicated, this should be avoided. The nature of being a motorcycle passenger means that there are safety risks. Passengers should be attentive and able to hold on for safety. A drunk passenger could easily fall off the bike or become a distraction for the driver.

While a helmet is not required for passengers, they should still wear one. A helmet is vital for protecting a passenger’s head and can prevent fatalities.

Injuries can be severe

If a motorcycle crashes, whether with another vehicle or in a single-vehicle crash, motorcycle riders and passengers have a high probability of sustaining an injury. It is not uncommon for the following injuries to occur due to a motorcycle crash:

  • Broken or dislocated bones
  • Severe lacerations and road rash
  • Spinal cord injuries
  • Open head wounds
  • Traumatic brain injuries

By following all Florida laws and taking proper precautions, motorcycle drivers and passengers can work to prevent serious injuries. Speak with our Miami motorcycle accident attorneys today at (305) 615-6080.

I was recently contacted by a mother asking what the minimum legal age is for a passenger on a motorcycle.  She was concerned because her child’s father was carrying her three year old as a passenger and she felt it was unsafe and dangerous.  She did not give any specifics as to their marital status, custody of the child, state of residence, etc. so in order to address her concerns, and those of anyone else who may be interested, I will address her question on a state by state basis.

Laws vary by state and I found it difficult to reach anyone who could provide an answer to this question in Alabama.  I did find out that the person who can provide this type of information in Alabama is the Chief Examiner for Drivers Licensure, currently Capt. Rush.  His office number is 334-353-1974. 

In some states, information can be obtained from the DMV, however, please note that there is a completely UNOFFICIAL website on the internet that is titled “DMV.org”.  One would assume from the name, it is the official site of the Department of Motor Vehicles, so when searching for answers to important questions make certain you are speaking with an authorized agent with access to the latest revisions of the laws. 

Some states that have no legal minimum age for a passenger, do at least stipulate that the child must be able to reach the foot pegs on the motorcycle.  IF you live in a state with helmet laws, the passenger, regardless of age, must wear a properly fitting helmet.  For very young children it may be difficult to find a properly fitting helmet, but the matter would certainly be open to conjecture as to how a judge would rule on whether or not it did fit properly.

While the laws usually prohibit carrying a passenger without the motorcycle being outfitted with a passenger seat and passenger footrests, there may or may not be an easily found specific notation that the passenger has to be able to reach the footrests.  Check the wording of the current law in your particular state for a proper understanding of how it reads. 

The following information is taken from the AMA (American Motorcycle Assoc.) website, and to obtain it, I searched each state individually.  When possible, I compared the information to what I could find posted by the appropriate office within that state.  If you find yourself in need of legal assistance, I urge you to verify the information as it can change at any time depending on the passage of legislation within in any state.  Laws can be interpreted differently based on circumstance, or reliability of the source quoting them, so for specifics in regard to this and other questions, consult a qualified attorney in your state of residence for current applicable laws.  Helmet laws are given here only as they may have a bearing on the legal minimum age of a passenger.  Vrumblesramblingbikerblog.  Dated:  May, 2012.

ALABAMA:  There is NO restriction on the minimum age for a motorcycle passenger.  A rider who carries a passenger is required to have a passenger seat and footrest, and both rider and passenger are required to wear a helmet.

ALASKA:  No minimum age for a passenger.  Passenger seat and footrest are required.  Helmets are required for operators under age 18, and for all passengers regardless of age.

ARIZONA:  No minimum age for a passenger.  Passenger seat and footrest are required.  Helmets are required for all operators and passengers under age 18.

ARKANSAS:  Persons under age 8 are prohibited from riding as a passenger on a motorcycle.  Passenger seat and foot rest are required.  Riders and passengers under the age of 21 are required to wear a helmet.

CALIFORNIA:  No minimum age for a passenger.  Passenger seat and footrest are required.  Helmets are required, see California Vehicle Code Section 27803.

COLORADO:  No minimum age for passengers.  Passenger seat and footrest are required.  Riders and passengers under the age of 18 are required to wear a helmet.

CONNECTICUT:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet is required under age 18. 

DELAWARE:  No minimum age for passengers.  Passenger seat and footrest are required.  Riders and passengers must have an approved helmet in their possession.  Riders up to 19 must wear helmets. 

FLORIDA:  No minimum age for passengers.  Passenger seat and footrest are required. Helmets are not required for riders over 21 providing they carry a minimum of $10,000. In medical insurance.

GEORGIA:  No minimum age for passengers.  Passenger seat and footrest are required. Helmets are required.

HAWAII:  Minimum legal age for passengers is 7.  Passenger seat and footrest are required.  Helmets required under age 18.

IDAHO:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmets required under age 18.

ILLINOIS:  No minimum age for passengers.  Passenger seat and footrest are required.  No helmet requirements.

INDIANA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmets required under age 18.

IOWA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmets not required.

KANSAS:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required under age 18.

KENTUCKY:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required for novice riders, under the age of 21, and instructional permit holders.

LOUISIANA:  Minimum age for passengers is 5.  Passenger seat and footrest are required.  Helmets are required.

MAINE:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmets required under 18, operating with a learner’s permit, operating less than one year with license/endorsement; passenger is subject to the same restrictions as the operator.

MARYLAND:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmets required.

MASSACHUSETTS:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmets required for riders and passengers, including passengers in sidecars.

MICHIGAN:  No minimum age for passengers.  Passenger seat and footrest are required.  The site states helmets are required, however, this is a good example of how laws can change, and why riders should stay current on their status.  Michigan recently reversed this decision.  Consult Michigan law for exact stipulations.

MINNESOTA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmets required under age 18 and for instructional permit holders.

MISSISSIPPI:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required by law.

MISSOURI:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required.

MONTANA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmets required under age 18.

NEBRASKA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required.

NEVADA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required.

NEW HAMPSHIRE:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required under 18.

NEW JERSEY:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet with reflectorization required.

NEW MEXICO:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet with reflectorization required.

NEW YORK:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required.

NORTH CAROLINA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required.

NORTH DAKOTA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet with reflectorization required.

OHIO:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required for novice riders, under age 18, and passengers are subject to the same requirements as the riders.

OKLAHOMA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required under 18.

OREGON:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required.

PENNSYLVANIA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet optional 21 or older if licensed not less than 2 full calendar years or has completed an approved motorcycle rider safety course.  Passengers exempt if 21 or older.

RHODE ISLAND:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required under 21 and novice riders, required for passengers.

SOUTH CAROLINA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet with reflectorization required under 21.

SOUTH DAKOTA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required under 18.

TENNESSEE:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required.

TEXAS:  Minimum age for passengers 5, unless seated in a sidecar attached to the motorcycle.  Passenger seat and footrest are required.  Helmet required under 21.  Over 21, must show proof of successful completion of rider training or hold medical insurance covering injuries resulting from an accident while on the motorcycle.

UTAH:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required under 18.

VERMONT:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet with reflectorization required.

VIRGINIA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required.

WASHINGTON:  Minimum age for passengers 5.  Passenger seat and footrest are required.  Helmet required.

EST VIRGINIA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet with reflectorization required.

WISCONSIN:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required under 18 and for instructional permit holders.

WYOMING:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required under 18.

DISTRICT OF COLUMBIA:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required.

PUERTO RICO:  No minimum age for passengers.  Passenger seat and footrest are required.  Helmet required.

How old should a kid be to ride on the back of a motorcycle?

California doesn't have an age requirement for children to ride on the backs of motorcycles. Instead, there's an overall height requirement – the same as the obligation for using a security restraining device in motor vehicles. A child has to be four feet, eight inches tall to ride on the back of a motorcycle.

Can a 5 year old ride on the back of a motorcycle?

California. The state does not have a minimum age requirement, but it has what amounts to a height requirement for passengers by requiring that a passenger's feet must touch the footrests while seated on the motorcycle.

Can a 5 year old ride on a motorcycle Florida?

While Florida has strict laws regulating when and where children can ride in cars, there are no minimum age requirements for when children may ride as motorcycle passengers.

Can a child ride on a motorcycle in Florida?

The state of Florida has no motorcycle passenger age limit Since this is true even children are legally allowed to ride on motorcycles in Florida, however, they are subject to all other motorcycle safety measures, and because they are under the age of 21, are required to wear a helmet.