(1) The Department adopts and incorporates by reference Federal Motor Vehicles Safety Standard Number 218 promulgated by the United States Department of Transportation as its minimum requirement for approval of Motorcycle Safety Helmets to be used by motorcycle occupants operating in Florida. All approved headgear shall be identified by reference to labeling as required in subsection (2) or the list of approved helmets maintained by the Department according to subsection (5).
(2) In accordance with the federal standard, each helmet shall be permanently and legibly labeled, in a manner such that the label can be easily read without removing padding or any other permanent part, with the following:
(a) Manufacturer’s name or identification.
(b) Precise model designation.
(d) Month and year of manufacture. This may be spelled out (e.g., June 1974), or expressed in numerals (e.g., 6/74).
(e) The symbol DOT, constituting the manufacturer’s certification that the helmet conforms to the applicable Federal Motor Vehicle Safety Standards. This symbol should appear on the outer surface, in a color that contrasts with the background, in letters at least 3/8 inch high, centered laterally approximately 1 1/4 inches from the bottom edge of the posterior portion of the helmet. The presence of the DOT symbol affixed by the manufacturer in the manner prescribed shall constitute proof of compliance with approved standards and accepted by law enforcement officers without the necessity for referral to the approved list maintained by the Department. If the DOT symbol is not present on the outer surface, helmet compliance must be determined by the internal markings required in subsections (a)-(d) above and the approved list maintained according to subsection (5). A helmet which contains no internal or external labeling sufficient to identify its manufacturer, model, size, month and year of manufacture cannot be approved for use in this state.
(3) Helmets not designed for use by motorcycle occupants, including but not limited to the following, are not approved: bicycle helmets, toy helmets, military combat helmets, flight helmets, soft helmets, and team sports helmets.
(4) The use of protective headgear that includes speakers, other listening devices, or microphones, shall be permitted.
(5) Helmets bearing the DOT symbol affixed by the manufacturer or otherwise complying with subsection (2) of this rule are approved. In addition, helmets not labelled according to size, but otherwise identical to approved makes and models of the same manufacturer, shall be included on the approved list. A list of approved helmets, which have been certified by their manufacturer as meeting the standards set forth in subsections (1) and (2) above, may be obtained from local Highway Patrol Stations or by contacting the Department of Highway Safety and Motor Vehicles, Neil Kirkman Building, Tallahassee, Florida 32301, Attention: Motorcycle Headgear, Florida Highway Patrol. This approved helmet listing dated July 15, 1986 is incorporated by reference herein.