Florida Administrative Code

(1) Each applicant for a commercial driver's license shall provide a motor vehicle of a type appropriate to test the applicant's ability to drive motor vehicles that may be driven under the type and class of license for which the applicant will be skills tested. (2) Class A Comme…

A commercial driver's license issued by the department shall comply with all of the following: (1) Requirements set forth in Sections 322.14 and 322.08, F.S. (2) Upon request of the person to whom the license is issued, a license shall indicate the fact that the person is an anat…

The department will not issue a hardship commercial driver's license authorizing a person to drive a commercial motor vehicle if the person's commercial driver's license is disqualified, suspended, revoked, or canceled. Rulemaking Authority 322.02(6) FS. Law Implemented 322.271 F…

(1) The following persons are exempt from the requirement to obtain a commercial driver's license: (a) Legitimate farm to market operations by farmers and to those operators of a farm vehicle which is: 1. Controlled and operated by a farmer; 2. Used to transport either agricultur…

(1) All applicants for a CDL hazardous materials (Hazmat) endorsements are required to undergo fingerprint-based background checks in accordance with the USA Patriot Act and federal regulations of the Transportation Security Administration, 49 CFR, Part 1572. Department policy an…

In accordance with Federal Motor Carrier Safety Administration Regulation 49 CFR, Section 383.77, applicants seeking waiver of CDL skills testing due to military experience must: (1) Pass all required written knowledge exams for the CDL class and endorsements they will be issued.…

(1) Commercial Driver License Third Party Administrators and Third Party Testers may be authorized by the Department to conduct driver license tests in accordance with Section 322.56, F.S. (2) Commercial Driver License Third Party Administrators and Third Party Testers shall comp…

This chapter sets forth the standards for approval of driver improvement courses and review of the effectiveness of these courses by the Department of Highway Safety and Motor Vehicles, and assuring their use to improve driver performance and highway safety and collection of asse…

For the purpose of this chapter, the following words and phrases shall have the meaning indicated. (1) Assessment Fee - A $2.50 fee for each person who elects to complete an Advanced Driver Improvement or Basic Driver Improvement course and a $3.00 fee for each person who complet…

(1) All driver improvement courses conducted in the State of Florida must be approved by the Department. (a) Each course provider seeking approval of a driver improvement course must produce proof of ownership, copyright or written permission from the course owner to use the cour…

(1) Course Approval - In the event that the currently approved curriculum for the Traffic Law and Substance Abuse Education course is no longer offered, approval of the Traffic Law and Substance Abuse Education course shall be based on Department review of the course materials, i…

(1) Each course provider shall provide to each driver improvement school conducting its course a certificate of authority to conduct its course in the State for presentation for the Clerk of Court in each Judicial Circuit in which the school operates. Such certificate must contai…

(1) In addition to enrollment fees, an assessment fee in the amount of $2.50 (two dollars and fifty cents) shall be collected from each student who elects to complete, a BDI or ADI course. (2) Each student shall be provided with a receipt which reflects that the $2.50 assessment …

(1) The course provider shall acquire from the Department assigned course completion certificate numbers prior to issuing any completion certificate and shall use such assigned numbers on all certificates issued for its course. (2) The course provider shall produce its own course…

(1) Each course provider shall require all driver improvement schools conducting its course to have available for inspection and photocopying by the Department all student records for each course and the written policies and procedures for creating and maintaining such records. (…

(1) The course provider shall require each driver improvement school conducting its course to submit to the Department a completed form HSMV 72098 for each student completion pursuant to Section 322.0261, F.S., within fifteen (15) working days after the class was conducted. (2) T…

(1) The following shall subject a course provider to denial of approval of its driver improvement course: (a) Failure to satisfy any course approval requirement in this rule. (b) Any violation of Section 318.1451 or 322.095, F.S., or any other applicable state or federal law. (c)…

Each form is incorporated by reference. Copies may be obtained by contacting the Department, Bureau of Driver Improvement, Tallahassee, Florida. (1) Basic Driver Improvement Course Approval Form "A," HSMV Form 72908 (effective 10-91, revised 10-95); (2) Basic Driver Improvement C…

This chapter is promulgated pursuant to Sections 316.193, 316.1937, 316.1938, 322.16 and 322.2715, F.S. Rulemaking Authority 316.193, 316.1937, 316.1938, 322.16, 322.2715 FS., Federal Register Vol. 57, No. 67, pages 11772-11787. Law Implemented 316.193, 316.1937, 316.1938, 322.16…

The purpose of this chapter is to establish guidelines for certification and installation of Breath Alcohol Ignition Interlock Devices and implementing the use of such devices as required by Sections 316.193, 316.1937, 316.1938, 322.16 and 322.2715, F.S. Rulemaking Authority 316.…

(1) Alcohol. Any substance containing any form of alcohol as defined in Section 322.01(2), F.S. (2) Breath alcohol concentration (BrAC). The number of grams of alcohol per 210 liters of breath as defined in Section 322.01(3)(b), F.S. (3) Breath sample. The volume of breath to be …

(1) When required pursuant to Section 316.193, F.S. (2) When court ordered in accordance with Section 316.1937, F.S. (3) When required by the department pursuant to Section 322.271, F.S. Rulemaking Authority 316.193, 316.1937, 316.1938, 322.271 FS., Federal Register Vol. 57, No. …

(1) In consideration of a medical condition, a minimum breath sample of 1.0 litres of breath volume per blow may be considered, if the convicted person is certified by a licensed pulmonoligist to have a lung condition which will render the convicted person incapable of blowing a …

(1) All ignition interlock devices will be required to meet or exceed the standards set forth in the model specifications published in the Federal Register, Volume 57, No. 67, pages 11772-11787 by the National Highway Traffic Safety Administration. (2) Technical specifications fo…

(1) All ignition interlock devices used pursuant to Sections 316.193 and 316.1937, F.S., must be approved by the department. (2) The department shall contract with a manufacturer or manufacturers of ignition interlock devices for the services and commodities required for implemen…

(1) Each manufacturer under contract with the department will submit certification from an independent laboratory certifying that their ignition interlock device has been tested in accordance with the model specifications published in the Federal Register, Volume 57, No. 67, page…

(1) The ignition interlock device must be installed by a manufacturer or his representative in accordance with the guidelines published by the National Highway Traffic Safety Administration. (2) An orientation to the ignition interlock device will be developed and delivered by th…

(1) The convicted person must present photo identification to the service provider for all required services. (2) The service provider must: (a) Provide service at intervals specified in the contract with the department; (b) Calibrate the ignition interlock device; (c) Retrieve d…

(1) The licensed DUI programs shall, prior to each periodic update, review the summary report of the ignition interlock device data for each convicted person who is in the Special Supervision Services Program, as described in Chapter 15A-10, F.A.C. In addition to the periodic upd…

All ignition interlock devices that have been approved by the department shall have affixed a warning label containing the following: "WARNING - Any person tampering, circumventing, or otherwise misusing this device is guilty of a violation of law and may be subject to civil liab…

The manufacturer or laboratory shall indemnify and hold harmless the department from any and all claims, demands, actions, and costs whatsoever that may arise, directly or indirectly, out of any act or omission by the manufacturer or laboratory. Rulemaking Authority 316.1938 FS.,…

The department may conduct on-site audits of administrative offices and service providers to ensure compliance with the contract. Rulemaking Authority 316.193, 316.1937, 316.1938 FS., Federal Register Vol. 57, No. 67, pages 11772-11787. Law Implemented 316.193, 316.1937, 316.1938…

Rulemaking Authority 320.062 FS. Law Implemented 320.062 FS. History-New 11-20-75, Formerly 15B-1.01, Repealed 8-5-12.

(1) In compliance with Section 316.274(1)(a), F.S., the Department of Highway Safety and Motor Vehicles adopts the standards listed below for each device as indicated as its requirement for approval of the various types of warning devices for use with motor vehicles operating in …

(1) In compliance with Section 316.241(1), F.S., the Department of Highway Safety and Motor Vehicles adopts the Standards of the Society of Automotive Engineers (400 Commonwealth Drive, Warrendale, Pa., 15096) and applicable Federal Motor Vehicle Safety Standards as listed below …

(1) In compliance with Section 316.216(1) F.S., the Department of Highway Safety and Motor Vehicles adopts the standards of the Society of Automotive Engineers (400 Commonwealth Drive, Warrendale, Pa., 15096) and applicable Federal Motor Vehicle Safety Standards as listed below f…

(1) In compliance with Section 316.276(7)(b), F.S., the Department of Highway Safety and Motor Vehicles adopts the specifications of the American Society of Agricultural Engineers (Box 229, St. Joseph, Michigan 49085) for "Emblems for Identifying Slow-Moving Vehicles" as its requ…

Rulemaking Authority 316.211 FS. Law Implemented 316.211 FS. History-New 11-20-75, Formerly 15B-1.06, Amended 11-3-86, Repealed 8-5-12.

The Department adopts and approves the following eye protective devices for use by motorcycle operators. Each device must be in good repair, free of sharp edges or projections and made of material suitable for ophthalmic use. It shall be free from cracks, waves, bubbles or any ot…

The purpose of this chapter is to prevent the operation over the public streets and highways of any truck, truck tractor, trailer or semi-trailer which is in an unsafe condition as provided by Sections 316.215 and 316.610, Florida Statutes, and this chapter. The power to enforce …

The following sections of Chapter 316, Florida Statutes, shall constitute the criteria for safety inspections to be conducted by the Weight Inspection Officers of the Department of Transportation under Rule 15B-10.001, F.A.C.: Sections 316.215, 316.220, 316.221, 316.222, 316.2225…

The Florida Highway Patrol Auxiliary Policy Manual, effective June 1, 1992, is adopted by reference for use by the Department in administering the FHP Auxiliary pursuant to Section 321.24, F.S. Copies of the manual are available for inspection or copying at any local Florida High…

Rulemaking Authority 316.3045 FS. Law Implemented 316.3045 FS. History-New 12-25-90, Amended 11-21-06, Repealed 3-23-23.

(1) The purpose of this rule is to set forth the definition of the term "plainly audible" and establish standards regarding how sound should be measured by law enforcement personnel who enforce Section 316.3045, F.S. (2) "Plainly Audible" shall mean any sound produced by a radio,…

(1) All light transmittance measuring devices to be used in obtaining evidence of noncompliance of light transmittance tolerances pursuant to Sections 316.2951 - 316.2954, F.S., for use in any court in the State of Florida shall, as a minimum, meet the requirements of this rule b…

(1) Light transmittance measuring devices shall be provided with a standardized reference sample and procedure for taking readings utilizing the reference sample. The device light source shall be mid-range in the visible spectrum (560 nanometers plus or minus 20 nanometers) and s…

(1) This rule chapter applies to motor carriers of commercial motor vehicles and nonpublic sector buses, and shippers of hazardous materials; establishes procedures for the payment of penalties in accordance with Chapter 316, F.S.; and establishes the amount of penalties for viol…