2015 QUICK REFERENCE GUIDE for Florida Traffic Laws This document serves as an abbreviated guide. It is recommended that you reference your Florida State Statute book for further clarifications and changes.
Licensing & Equipment Requirements: Two- and Three-wheel Vehicles VEHICLE VEHICLE DESCRIPTION Manufacturer Title CHAPTER 322 ( Licensing) Definition Driver License Requirement Goped or others with no seat. Cannot go more than 30mph. Not more than 3 wheels. Motor Vehicle Vehicle (Bicycle) Class E Operator (Must be 16 or older to operate) Electric Motorized Bicycle less than 750 watts. Cannot go more than 20mph. Not Required (Must be 16 or older to operate) Exceptions None Class E if motor is over 750 watts or can go over 20mph Bicycle Gas Engine Motor Kit Electric Scooter less than 750 watts. Cannot go more than 20mph. Motor Vehicle Vehicle (Bicycle) as per Federal Law HR 727 Class E Operator Class E if 50cc or less; Class E with motorcycle endorsement if over 50cc Not Required ( Must be 16 or older to operate) Class E if motor is over 750 watts or can go over 20mph Moped 50cc or less. Cannot go more than 30mph Scooter 50cc or less Motorcycle more than 50cc Scooter more than 50cc Trike has 3 wheels can be under 50cc or over 50cc Motor Vehicle Motor Vehicle Motorcycle Motorcycle Motor Vehicle if 50cc or less; Motorcycle if over 50cc Class E Operator If can go over 30mph, then Motorcycle License Required Class E Operator Class E Operator with motorcycle endorsement or M/C License only Class E Operator with motorcycle endorsement or M/C License only Class E Operator If over 50cc, motorcycle endorsement or M/C License only None None None Size of motor determines what type of License is Required Electric Motorcycle more than 750 watts. Can go more than 20mph. Motorcycle Class E Operator with motorcycle endorsement or M/C License only None
CHAPTER 316 (Driving) Definition Motorized Scooter; No seat and not more than 3 wheels Electric Helper Motorized Bicycle Helmet Requirements Motorcycle Electric Helper Motorized Bicycle as per Federal Law HR 727 Moped Motorcycle Motorcycle Motorcycle Motorcycle Motorcycle Not Required Not Required; Must be 16 or older to operate. Not Required if 50cc or less; Required if under the age of 16 or is over 50 cc (unless over 21 years of age with at least $10,000 of medical insurance) Not Required; Must be 16 years of age or older to operate. Not Required; Required if can go more than 30mph and rider is under 16 years of age Not Required unless under 16 years of age Required ( unless over 21 years of age with at least $10,000 of medical insurance or riding is enclosed) Required ( unless over 21 years of age with at least $10,000 of medical insurance or riding is enclosed) Not required if 50cc or less; required if over 50cc (unless over 21 years of age with at least $10,000 in medical insurance) Required ( unless over 21 years of age with at least $10,000 of medical insurance or riding is enclosed) Not Required Not Required Required Not Required Not Required Required Required Required Required Required Cannot be registered. Cannot be ridden on street or sidewalk. Not Required, unless over 750 watts and/or can go more than 20mph Cannot be registered. Cannot be ridden on street or sidewalk. Not Required unless over 750 watts or can go over 20mph. Moped Tag Required Required Required Required Required Required Eye Protection Requirements CHAPTER 320 Tag Requirements
MOTORCYCLE VIOLATIONS Carrying item(s) that prevent both hands on handlebars... 316.2085(4) Drag race, speed competition, on roadway or parking lot... 316.191(2)(a) Driving on sidewalk or bike path... 316.1995 Exhaust system in good working order including muffler & tailpipe... 316.272(1) Exhaust system modified to be louder than originally equipped... 316.293(5)(b) Eye protection for operator required... 316.211(2) Footrests for passenger required... 316.2095(1) Handlebars height higher than operator s shoulders... 316.2095(2) Headlight must be on at all times... 316.405(1) Headlight required... 316.400(1) Helmet None or improper... 316.211(1) Horn required... 316.271(1) Mirror required... 316.294 Moped operating requirements... 316.208 Motorcycle endorsement required... 322.03(4) Passenger interfering with operation or view of the operator... 316.2085(5) Passing in the same lane... 316.209(2) Passing off pavement or main portion of roadway... 316.084(2) Rear red reflector required... 316.415 Riding between lanes... 316.209(3) Riding more than two abreast... 316.209(4) Seat for operator and passenger required...316.2085(1) Stunting: both wheels on the ground; facing forward properly seated... 316.2085(2) Tag must be permanently attached and cannot be capable of being flipped up... 316.2085(3) Tail light required... 316.410(1) Three wheeled motorcycle only restriction on DL...322.16(1)(a) Wearing headset not attached to helmet... 316.304(1) F.A.C. 15B-1.007 Motorcycle Eye Protection DHSMV approves the following for use by motorcycle operators: Goggles Face shields designed for / part of an approved helmet Eyeglasses including sunglasses
PEDESTRIAN/BICYCLE INFRACTIONS PEDESTRIAN Crossing intersection diagonally... 316.130(14) Crossing mid-block between signalized intersections... 316.130(11) Disobeying RR and bridge signals, gates, or barriers... 316.130(16) Disobeying traffic control devices... 316.130(1) In roadway to solicit ride, employment or business..316.130(5) Not yielding outside a crosswalk... 316.130(10) On limited access facilities or ramps... 316.130(18) Pedestrian obstructing street... 316.2045 Suddenly walk or run into vehicle path... 316.130(8) Walking on roadway, sidewalk present... 316.130(3) Walking on wrong side of roadway... 316.130(4) BICYCLE Attached to another vehicle other than trailer... 316.2065(4) Bicycling more than two abreast... 316.2065(6) Bicycling on limited access facilities... 316.091 Bicycling on wrong side of roadway... 316.081 Brake not on bicycle... 316.2065(13) Carrying more passengers than equipped...316.2065(3)(a) Lights required for bicycling at night... 316.2065(7) Not riding far right as practicable (see many exceptions)... 316.2065(5) Not signaling intent to turn... 316.155 Not yielding or audibly signaling before overtaking pedestrian... 316.2065(10) Seat, not permanent or regular... 316.2065(2) VEHICLE VIOLATIONS Failed to allow 3 for bicycle...316.083(1) No due care near pedestrian/bicyclist... 316.130(15) Obstructing crosswalk... 316.2061 Passed another vehicle stopped for crosswalk.. 316.130(9)(a) Vehicle failed to yield to pedestrian or bicycle At alley or driveway... 316.125 At crosswalk... 316.130(7) At traffic signal... 316.075(1)(a or c) At yield or stop sign... 316.123 Vehicle on sidewalk or bicycle path Parked on... 316.1945 Driving on... 316.1995 Visually impaired pedestrian, failed to stop...316.1301(2)
MOTOR VEHICLE VIOLATIONS Careless driving... 316.1925(1) Mark Aggressive Careless Driving if two or more of the following were committed simultaneously or in succession: (1) Exceeding the posted speed (2) Unsafely or improperly changing lanes (3) Following another vehicle too closely (4) Failing to yield the right-of-way (5) Improperly passing (6) Violating traffic control and signal devices CRASHES Failed to immediately report (driver)... 316.065(1) False information... 316.067 Insurance no proof at crash... 316.066(3)(c) Leaving scene (attended property damage)...316.061(1) Leaving scene (injury or death)... 316.027(1) Leaving scene or failed to leave info (unattended property damage)... 316.063(1) DRIVER LICENSE Address not changed in 10 days... 322.19(2) Adult not in front seat (learners permit)... 322.1615(2) Allowing unauthorized minor to drive (parent or guardian)... 322.35 Allowing unauthorized person to drive... 322.36 CDL required when operating CMV... 322.54(4)(a) Displaying of another s... 322.32(3) Expired (6 months or less)... 322.065 Expired (more than 6 months)... 322.03(5) Expired CDL (30 days or less)... 322.54(4)(b) Failure to exhibit on demand... 322.15(1) Mutilated driver license... 322.15(1) No or improper... 322.03(1) Motorcycle endorsement required... 322.03(4) Operating while suspended/revoked Without knowledge... 322.34(1) With knowledge... 322.34(2) Habitual Traffic Offender... 322.34(5) Financial Responsibility... 324.201(2) Possession of forged or fictitious DL... 322.212(1) Unlawful use or possession... 322.32 Violation of driver license restrictions... 322.16 Operating between 11p.m. - 6a.m. (16 yrs).. 322.16(2) Operating between 1a.m. - 5a.m. (17 yrs)...322.16(3)
DUI & ALCOHOL Driving while under the influence of alcoholic beverages/ drugs/controlled substance... 316.193(1) DUI crash-property damage... 316.193(3)(a)(b)(c)(1) DUI crash-serious injury to another... 316.193(3)(a)(b)(c)(2) DUI manslaughter... 316.193(3)(a)(b)(c)(3) Refusal to submit to test (2nd or subsequent refusal)... 316.1939 Interlock Devices: Blowing into ignition interlock of another...316.1937(6)(c) Knowingly lending non-interlock vehicle to person with ignition interlock restriction... 316.1937(6)(d) Tampering with ignition interlock device...316.1937(6)(a) Open Alcoholic Beverage Containers:* Open container in vehicle (in operation)...316.1936(2)(a) Open container in vehicle (parked/standing)..316.1936(2)(b) *Citation goes to person in possession. If a passenger does not have physical control, citation goes to driver. EQUIPMENT Blue lights on vehicle... 316.2397(2) Bumper law... 316.251 Exhaust system (noise)... 316.272 Horn required... 316.271(1) License plate light must be white... 316.224(3) Mirror required... 316.294 Red light visible from front... 316.2397(1) Turn signals required... 316.222(2) Unsafe/faulty/defective... 316.215 (1) & 316.610 HEADLIGHTS Driving without (dark/smoke/rain/fog)... 316.217(1) Failed to dim approaching (500 ft)... 316.238(1)(a) Failed to dim following (300 ft)... 316.238(1)(b) Headlights can only emit white light... 316.220(1) Tinted covers over headlights... 316.220(1) Move Over Law Failed to move over for emergency vehicles or for a wrecker performing a recovery... 316.126(1)(b)(1) 2-lane road or unable to move over, failed to slow 20 mph below speed limit... 316.126(1)(b)(2)
PASSING Cutting in...316.083(1) Driving off pavement on the right... 316.084(2) Failed to allow 3 ft. for bicycle... 316.083(1) Meeting oncoming traffic... 316.085(1) No passing zone... 316.0875(2) On hill, bridge, RR, tunnel... 316.087(1a-e) Passed another vehicle stopped for crosswalk...316.130(9) Signal required when changing lanes... 316.155(1) Stopped school bus... 316.172(1)(a) Stopped school bus, entry or exit side... 316.172(1)(b)* *mandatory court required RIGHT OF WAY-FAILING TO YIELD At yield intersection... 316.123(3) Entering/approaching an intersection... 316.121 Entering a thru highway... 316.121(3) & (4) Entering from private drive or private roadway..316.125(1) Failed to yield being overtaken... 316.083(2) Failed to yield to emergency vehicle... 316.126(1) Failed to yield to funeral procession... 316.1974(3) Failed to yield to pedestrian At alley or driveway... 316.125 At crosswalk... 316.130(7) At traffic signal... 316.175(1)(a&c) At yield or stop sign... 316.123(7) Obstructing an intersection... 316.2061 Slower traffic failing to keep right... 316.081(2) Stopping on RR tracks... 316.1576(1) SPEED-UNLAWFUL* Failed to use due care (speed)... 316.183(4) (special hazards)... 316.185 Posted zone (city)... 316.189(1)* Posted zone (county)... 316.189(2)* Posted zone (state)... 316.187* School zone... 316.1895(10)** Too fast for conditions... 316.183(1) Too slow... 316.183(5) Work zone... 316.183(6)** * If speed exceeds limit by 30 m.p.h. or more, court appearance is required. ** Fines are doubled for unlawful speed in a school zone or in a work zone when workers are present.
Safety Belt and Child Restraint Enforcement Adults age 18 and over must wear safety belt when passenger in the front seat. Citation goes to the passenger/violator...316.614(5) Children age 3 and under must be in a separate, federally approved child restraint device or integrated child seat. Citation goes to the driver... 316.613(1)(a) For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a child booster seat may be used. Citation goes to the driver... 316.613(1)(a) Children age 6-17 must be in a safety belt in both the front and back seats of the vehicle. Citation goes to the driver...316.614(4)(a) Driver must wear safety belt. Citation goes to the driver... 316.614(4)(b) Passenger under 18 must be restrained if riding in bed of pickup truck operated on a limited access facility. Citation goes to driver... 316.2015(2)(b) TAG VIOLATIONS Address change in 20 days... 320.02(4) Altered tag or decal... 320.061 Attaching unassigned tag/sticker... 320.261 Expired (6 months or less)... 320.07(3)(a) Expired (more than 6 months/1st offense)...320.07(3)(b) Expired (more than 6 months/2nd offense)...320.07(3)(c) Improper display of tag... 316.605(1) Registration in possession required... 320.0605 Tag required... 316.605(1) or 320.07(3) Temporary tag must be displayed on exterior in license plate bracket... 320.131(4)(a) Unlawful temporary tag use... 320.131(3) TRAFFIC CONTROL DEVICES Avoiding... 316.074(2) Failed to obey... 316.074(1) Failed to obey detour sign... 316.078 Failed to obey RR signal... 316.1575 Failed to obey red traffic signal... 316.075(1)(c)(1) Failed to obey stop sign... 316.123(2)(a) Failed to yield at 4-way stop sign... 316.123(2)(b) Interference with... 316.0775(1) Obstructing... 316.077(1) Placing commercial advertising upon... 316.077(2)
TURNING Driving over median... 316.090(2) Improper U-turn... 316.1515 Left from wrong lane... 316.151(1)(b) Left in front of approaching traffic... 316.122 Right from wrong lane... 316.151(1)(a) Signal required when turning L or R... 316.155(2) WRONG SIDE OF ROADWAY Approaching crest of a hill... 316.087(1)(a) On a curve... 316.087(1)(b) View obstructed approaching bridge... 316.087(1)(e) Within 100 feet of RR crossing... 316.087(1)(d) Wrong direction on one-way road... 316.088(2) Wrong direction at rotary island... 316.088(3) Wrong side of divided highway... 316.090(1) Wrong side of roadway... 316.081(1) MISCELLANEOUS TRAFFIC STATUTES All-terrain vehicle on roadway... 316.2074(5) Backing (improper)... 316.1985(1) Backing (limited access facility)... 316.1985(2) Blocking an intersection... 316.2061 Careless driving... 316.1925(1) Children (leaving unattended in vehicle)... 316.6135 Commercial Motor Vehicle Maximum width, height, length... 316.515 Oversize, overweight permits... 316.550 Splash or spray suppressant required...316.252 Warning device required when disabled/stopped... 316.301 Door (opening into traffic)... 316.2005 Disabled vehicle obstructing the road... 316.071 Exhaust system (noise)... 316.272 Failure to drive in single lane... 316.089(1) Fleeing & eluding police officer... 316.1935 Following too closely... 316.0895(1) Giving false proof of insurance... 316.646(4) Headsets (wearing-covering both ears)... 316.304(1) Handicapped parking No permit... 316.1955(1) Permit expired... 316.1955(1) Using another s permit... 320.0848(7) HOV lane use/exemptions... 316.0741 Horn use for other than warning... 316.271(3)
Keys left in ignition-unattended vehicle... 316.1975 Load - Dropping/shifting/leaking... 316.520(1) Load - Not covered... 316.520(2) Loud music (plainly audible more than 25ft)...316.3045(1)(a) Median strip (unlawful crossing)... 316.090(2) No proof of insurance (non-crash), driver is owner... 316.646 No red flag on load over 4 ft to rear... 316.228 Projecting or protruding load... 316.228 & 316.510 RR crossing Obedience to signal... 316.1575 Vehicles that must always stop... 316.159(1) RACING (on highway, roadway, or in parking lot) Driving vehicle in a race... 316.191(2)(a)* Knowingly riding as passenger in race... 316.191(2)(c)* Participating in or coordinating race... 316.191(2)(b)* Racing spectator... 316.191(4)(a) Slowing or stopping traffic for race... 316.191(2)(d)* * 1st offense: vehicle used may be impounded for 30 days if driver is owner - DHSMV must be notified 316.191(4)(c) * 2nd offense within 5 years of prior conviction of 316.191(2): vehicle used may be seized and forfeited 316.191(5) Reckless driving... 316.192(1) Riding on the exterior of vehicle Driver allowing person to ride on exterior...316.2015(1) Driver riding on the exterior of vehicle... 316.2015(2)(a) Safety chains (failed to use)... 316.530(2) Siren (improper use)... 316.271(4) Soliciting in the roadway... 316.2045(2) Start (improper from stopped position)... 316.154 Television in view of driver... 316.303(1) Texting while driving... 316.305 Tolls (failed to pay)... 316.1001 View obstruction Load or passenger... 316.2004(1) Non-transparent material on windshield...316.2004(2)(b) Window tint/sunscreen Behind driver... 316.2954 Below AS/1 line... 316.2952(2)(b) Side... 316.2953 Sign/covering on windshield... 316.2952(2) Windshield (not upright or fixed)... 316.2952(1)
MISCELLANEOUS CRIMINAL STATUTES Alcoholic beverages Misrepresenting age to obtain... 562.11(2) Possession under 21yrs... 562.111(1) Serve/give to person under 21... 562.11(1)(a) Aggravated assault... 784.021(1) Aggravated battery... 784.045(1) Battery... 784.03(1) Corruption by threat against public servant...838.021 Criminal mischief... 806.13 Cruelty to animals... 828.12 Disorderly conduct... 877.03 Disorderly intoxication... 856.011 Drug paraphernalia... 893.147 Escape... 944.40 Escape (aiding)... 843.12 Failed to obey lawful command... 316.072(3) Failure to sign traffic summons... 318.14(3) Falsely personating officer... 843.08 Obstructing justice Resisting arrest w/violence... 843.01 Resisting without violence... 843.02 Personal identity theft... 817.568 Prostitution/Lewdness involving a motor vehicle...796.07 Theft of gas from retail business... 812.014(5)(a) Tobacco Misrepresent age to obtain... 569.11(2) Possession by minor... 569.11(1)
NOTES
RESOURCES Florida Department of Transportation 850-414-4100 http://www.dot.state.fl.us/ Florida Drivers Licenses Information http://www.flhsmv.gov/html/dlnew.html Florida Department of Transportation Permits https://gis.dot.state.fl.us/onestoppermitting Road Debris * FHP (* 347) Toll Program (SunPass) 888-865-5352 tpk.contactsunpass@dot.state.fl.us Toll Violations (SunPass) 888-865-5352 Travel Information 511 Florida Department of Law Enforcement http://www.fdle.state.fl.us Florida Municipal Police Departments http://www.fdle.state.fl.us/content/getdoc/ f408d03f-71a7-4ebf-841f-532f4a008d48/ Florida-Police-Departments.aspx
PROPERTY DAMAGE ESTIMATES FOR DOT ROADSIDE FIXTURES Type of Equipment Estimated Cost Attenuator Repair (EA) $5,426.00 Total Replacement (EA) $28,060.00 Guardrail Repair (LF) $34.75 End treatment replacement $2,726.00 (EA) Guardrail Post (EA) $100.00 Wooden Post (EA) $80.00 Wire Fence (LF) $16.20 Roadside Sign (EA) Multi-Post $3,219.00 Ground Sign (EA) Single Post $904.00 Overhead Sign and Truss Major repair $200,000.00 Minor repair $10,000.00 Light Pole (EA) $4,833.00 Pedestrian Signal Pole (EA) $998.00 Palm Tree (EA) $655.00 Concrete Barrier Wall (LF) $439.00 Call Box and Pole (EA) $10,000.00 EA = Each LF = Linear Foot
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