Chapter 316 — Chapter 316
278 sections in this chapter.
Fla. Stat. § 316.293 Motor vehicle noise
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(1) DEFINITIONS.—The following words and phrases, when used in this section, shall have the meanings respectively assigned to them in this subsection, except where the context otherwise requires:(a) “dB A” means the composite abbreviation for the A-weighted sound level and the un…
Fla. Stat. § 316.2935 Air pollution control equipment; tampering prohibited; penalty
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(1)(a) It is unlawful for any person or motor vehicle dealer as defined in s. 320.27 to offer or display for retail sale or lease, sell, lease, or transfer title to, a motor vehicle in Florida that has been tampered with in violation of this section, as determined pursuant to sub…
Fla. Stat. § 316.2937 Motor vehicle emissions standards
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If the Department of Environmental Protection proposes to adopt the California motor vehicle emission standards, such standards shall not be implemented until ratified by the Legislature. If the department proposes to modify its rule adopting the California motor vehicle emission…
Fla. Stat. § 316.294 Mirrors
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Every vehicle, operated singly or when towing any other vehicle, shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of the motor vehicle. A violation of this section is a noncriminal traffic…
Fla. Stat. § 316.2951 Motor vehicle windows; definitions
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Whenever used in ss. 316.2951-316.2957, unless the context otherwise requires, the following terms have the following meanings:(1) “Motor vehicle” means any vehicle as defined in s. 316.003, except vehicles used in farm husbandry, which is registered or required to be registered …
Fla. Stat. § 316.2952 Windshields; requirements; restrictions
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(1) A windshield in a fixed and upright position, which windshield is equipped with safety glazing as required by federal safety-glazing material standards, is required on every motor vehicle which is operated on the public highways, roads, and streets, except on a motorcycle or …
Fla. Stat. § 316.2953 Side windows; restrictions on sunscreening material
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A person shall not operate any motor vehicle on any public highway, road, or street on which vehicle the side wings and side windows on either side forward of or adjacent to the operator’s seat are composed of, covered by, or treated with any sunscreening material or other produc…
Fla. Stat. § 316.2954 Windows behind the driver; restrictions on sunscreening material
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(1) A person shall not operate any motor vehicle on any public highway, road, or street on which vehicle any windows behind the driver are composed of, covered by, or treated with any sunscreening material, or other product or material which has the effect of making the window no…
Fla. Stat. § 316.29545 Window sunscreening exclusions; medical exemption; certain law enforcement vehicles, process server vehicles, and private investigative service vehicles exempt
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(1) The department shall issue medical exemption certificates to persons who are afflicted with Lupus, any autoimmune disease, or other medical conditions which require a limited exposure to light, which certificates shall entitle the person to whom the certificate is issued to h…
Fla. Stat. § 316.2955 Window sunscreening material; compliance labeling; tolerances
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(1) Each installer or seller of sunscreening material shall provide a pressure-sensitive, self-destructive, nonremovable, vinyl-type film label to the purchaser stating that the material complies with the provisions of ss. 316.2951-316.2954. Each such installer shall affix the re…
Fla. Stat. § 316.2956 Violation of provisions relating to windshields, windows, and sunscreening material; penalties
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(1) Any person who operates a motor vehicle on which, after June 20, 1984, material was installed in violation of ss. 316.2951-316.2954 commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.(2) The replacement or repair of any ma…
Fla. Stat. § 316.2957 Exemption for motor vehicle manufacturers
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The provisions of ss. 316.2951-316.2956 do not apply to the manufacturer’s tinting or glazing of motor vehicle windows or windshields which is otherwise in compliance with or permitted by Federal Motor Vehicle Safety Standard No. 205 as promulgated in 49 C.F.R. s. 571.205.
Fla. Stat. § 316.299 Rough surfaced wheels prohibited
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No person shall drive, propel, operate, or cause to be driven, propelled or operated over any paved or graded public road of this state any tractor engine, tractor or other vehicle or contrivance having wheels provided with sharpened or roughened surfaces, other than roughened pn…
Fla. Stat. § 316.300 Certain vehicles to carry flares or other devices
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(1) No person shall operate any truck, bus, truck tractor, trailer, semitrailer, pole trailer, or motor vehicle towing a house trailer, when such vehicle is 80 inches or more in overall width or 30 feet or more in overall length, upon any highway outside an urban district or upon…
Fla. Stat. § 316.301 Display of warning lights and devices when vehicle is stopped or disabled
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(1) Whenever any truck, bus, truck tractor, trailer, semitrailer, or pole trailer 80 inches or more in overall width or 30 feet or more in overall length is stopped upon a roadway or adjacent shoulder, the driver shall immediately actuate vehicular hazard-warning signal lamps mee…
Fla. Stat. § 316.302 Commercial motor vehicles; safety regulations; transporters and shippers of hazardous materials; enforcement
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(1)(a) All owners and drivers of commercial motor vehicles that are operated on the public highways of this state while engaged in interstate commerce are subject to the rules and regulations contained in 49 C.F.R. parts 382-386 and 390-397.(b) Except as otherwise provided in thi…
Fla. Stat. § 316.3025 Penalties
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(1) A commercial motor vehicle that is found to be operating in such an unsafe condition as to be declared out-of-service or a driver declared out-of-service or removed from driving status pursuant to the North American Standard Out-of-Service Criteria must be repaired or returne…
Fla. Stat. § 316.3026 Unlawful operation of motor carriers
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(1) The Office of Commercial Vehicle Enforcement may issue out-of-service orders to motor carriers, as defined in s. 320.01, who, after proper notice, have failed to pay any penalty or fine assessed by the department, or its agent, against any owner or motor carrier for violation…
Fla. Stat. § 316.303 Television receivers
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(1) A motor vehicle may not be operated on the highways of this state if the vehicle is actively displaying moving television broadcast or pre-recorded video entertainment content that is visible from the driver’s seat while the vehicle is in motion, unless the vehicle is being o…
Fla. Stat. § 316.304 Wearing of headsets
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(1) No person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing.(2) This section does not apply to:(a) Any law enforcement officer equipped with any communic…
Fla. Stat. § 316.3045 Operation of radios or other mechanical or electronic soundmaking devices or instruments in vehicles; exemptions
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(1) A person operating or occupying a motor vehicle on a street or highway may not operate or amplify the sound produced by a radio, tape player, compact disc player, portable music or video player, cellular telephone, tablet computer, laptop computer, stereo, television, musical…
Fla. Stat. § 316.305 Wireless communications devices; prohibition
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(1) This section may be cited as the “Florida Ban on Texting While Driving Law.”(2) It is the intent of the Legislature to:(a) Improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users.(b) Prevent crashes related to the ac…
Fla. Stat. § 316.306 School and work zones; prohibition on the use of a wireless communications device in a handheld manner
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(1) For purposes of this section, the term “wireless communications device” has the same meaning as provided in s. 316.305(3)(a). The term includes, but is not limited to, a cell phone, a tablet, a laptop, a two-way messaging device, or an electronic game that is used or capable …
Fla. Stat. § 316.400 Headlamps
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(1) Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations of this chapter.(2) Every headlamp upon every motorcycle and motor-driven cycle shall be located at a hei…
Fla. Stat. § 316.405 Motorcycle headlights to be turned on
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(1) Any person who operates a motorcycle or motor-driven cycle on the public streets or highways shall, while so engaged, have the headlight or headlights of such motorcycle or motor-driven cycle turned on. Failure to comply with this section during the hours from sunrise to suns…
Fla. Stat. § 316.410 Taillamps
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(1) Every motorcycle and motor-driven cycle shall have at least one taillamp which shall be located at a height of not more than 72 nor less than 20 inches.(2) Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear reg…
Fla. Stat. § 316.415 Reflectors
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Every motorcycle and motor-driven cycle shall carry on the rear, either as part of the taillamp or separately, at least one red reflector. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
Fla. Stat. § 316.420 Stop lamps
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Every motorcycle and motor-driven cycle shall be equipped with at least one stop lamp meeting the requirements of s. 316.234(1). A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
Fla. Stat. § 316.425 Lamps on parked motorcycles
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(1) Every motorcycle must comply with the provisions of s. 316.229 regarding lamps on parked vehicles and the use thereof.(2) Motor-driven cycles need not be equipped with parking lamps or otherwise comply with the provisions of s. 316.229.(3) A violation of this section is a non…
Fla. Stat. § 316.430 Multiple-beam road-lighting equipment
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(1) Every motorcycle other than a motor-driven cycle shall be equipped with multiple-beam road-lighting equipment.(2) Such equipment shall:(a) Reveal persons and vehicles at a distance of at least 300 feet ahead when the uppermost distribution of light is selected;(b) Reveal pers…
Fla. Stat. § 316.435 Lighting equipment for motor-driven cycles
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The headlamp or headlamps upon every motor-driven cycle may be of the single-beam or multiple-beam type, but in either event shall comply with the requirements and limitations as follows:(1) Every such headlamp or headlamps on a motor-driven cycle shall be of sufficient intensity…
Fla. Stat. § 316.440 Brake equipment required
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Every motor-driven cycle must comply with the provisions of s. 316.261, except that:(1) Motorcycles and motor-driven cycles need not be equipped with parking brakes.(2) The wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, and the front wheel of a motor-driv…
Fla. Stat. § 316.445 Performance ability of motorcycle brakes
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(1) Every motorcycle and motor-driven cycle, at all times and under all conditions of loading, upon application of the service brake, shall be capable of:(a) Developing a braking force that is not less than 43.5 percent of its gross weight;(b) Decelerating to a stop from not more…
Fla. Stat. § 316.450 Brakes on motor-driven cycles
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(1) The department is authorized to require an inspection of the braking system on any motor-driven cycle and to disapprove any such braking system on a vehicle which it finds will not comply with the performance ability standard set forth in s. 316.445 or which in its opinion is…
Fla. Stat. § 316.455 Other equipment
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Every motorcycle and every motor-driven cycle when operated upon a highway shall comply with the requirements and limitations of:(1) Section 316.271(1) and (2) on the requirement for horns and warning devices.(2) Section 316.271(3) on the requirement for the use of horns.(3) Sect…
Fla. Stat. § 316.46 Equipment regulations for mopeds
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No person may operate a moped that does not conform to all applicable federal motor vehicle safety standards relating to lights and safety and other equipment contained in Title 49, Code of Federal Regulations. A violation of this section is a noncriminal traffic infraction, puni…
Fla. Stat. § 316.500 Exceeding weight and length; penalties
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It is a violation of this chapter for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in this chapter or otherwise in violation of this ch…
Fla. Stat. § 316.510 Projecting loads on passenger vehicles
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No passenger type vehicle shall be operated on any highway with any load carried thereon extending beyond the fenders on the left side of the vehicle or extending more than 6 inches beyond the line of the fenders on the right side thereof. A violation of this section is a noncrim…
Fla. Stat. § 316.515 Maximum width, height, length
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(1) WIDTH LIMITATION.—The total outside width of any vehicle or the load thereon may not exceed 102 inches, exclusive of safety devices determined by the department to be necessary for the safe and efficient operation of motor vehicles. The use of public roads that do not have at…
Fla. Stat. § 316.516 Width, height, and length; inspection; penalties
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(1) Any law enforcement officer, as prescribed in s. 316.640, or any weight inspector of the Department of Transportation, as prescribed in s. 316.545(1), who has reason to believe that the width, height, or length of a vehicle or combination of vehicles and the load thereon is n…
Fla. Stat. § 316.520 Loads on vehicles
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(1) A vehicle may not be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, blowing, or otherwise escaping therefrom, except that sand may be dropped only for the purpose of securing tracti…
Fla. Stat. § 316.525 Requirements for vehicles hauling loads
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(1) It is the duty of every owner, licensee, and driver, severally, of any truck, trailer, semitrailer, or pole trailer to use such stanchions, standards, stays, supports, or other equipment, appliances, or contrivances, together with one or more lock chains, when lock chains are…
Fla. Stat. § 316.530 Towing requirements
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(1) When one vehicle is towing another vehicle the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and said drawbar or other connection shall not exceed 15 feet from one vehicle to the other except the connection between any two vehic…
Fla. Stat. § 316.535 Maximum weights
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(1) The gross weight imposed on the highway by the wheels of any one axle of a vehicle shall not exceed 20,000 pounds.(2) For the purposes of this chapter, an “axle load” shall be defined as the total load transmitted to the road by all wheels whose centers are included between t…
Fla. Stat. § 316.545 Weight and load unlawful; special fuel and motor fuel tax enforcement; inspection; penalty; review
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(1) Any officer of the Florida Highway Patrol having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or fixed scales. Anyone who refuses to submit to s…
Fla. Stat. § 316.550 Operations not in conformity with law; special permits
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(1) An oversize or overweight vehicle or load thereon may not enter onto or be operated on a public road in this state unless the owner or operator of such vehicle has first obtained the special permit for such movement from the appropriate governing jurisdiction.(2) The Departme…
Fla. Stat. § 316.5501 Permitting program for combination truck tractor, semitrailer, and trailer combination coupled as a single unit subject to certain requirements
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(1) By no later than January 1, 2020, the Department of Transportation in conjunction with the Department of Highway Safety and Motor Vehicles shall develop a permitting program that, notwithstanding any other provision of law except conflicting federal law and applicable provisi…
Fla. Stat. § 316.555 Weight, load, speed limits may be lowered; condition precedent
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Anything in this chapter to the contrary notwithstanding, the Department of Transportation with respect to state roads, and local authorities with respect to highways under their jurisdiction, may prescribe, by notice hereinafter provided for, loads and weights and speed limits l…
Fla. Stat. § 316.560 Damage to highways; liability of driver and owner
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Any person driving or moving any vehicle or combination of vehicles, object, or contrivance upon any highway or highway structure shall be liable for all damages which the highway or structure may sustain as a result of any illegal operating, driving, or moving of such vehicle or…
Fla. Stat. § 316.565 Emergency transportation, agricultural products; establishment of weight loads, etc
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(1) The Governor may declare an emergency to exist when there is a breakdown in the normal public transportation facilities necessary in moving agricultural products, as defined in s. 604.60, grown in the state. The Department of Transportation is authorized during such emergency…