Florida Statute 316.084 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

316.084 When overtaking on the right is permitted.—

(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

(a) When the vehicle overtaken is making or about to make a left turn;

(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;

(c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

(2) The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 108, ch. 99-248.

F.S. 316.084 on Google Scholar

F.S. 316.084 on CourtListener

Amendments to 316.084

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.084

R or S next to points is Mandatory Revocation or Suspension

S316.084 OVERTAKING ON RIGHT- driving off pavement - Points on Drivers License: 3

S316.084 (1) Improper on right - Points on Drivers License: 3

S316.084 (2) Improper passing on right- driving off pavement - Points on Drivers License: 3

Cases Citing Statute 316.084

Total Results: 2

State v. Lebron

954 So. 2d 52, 2007 WL 776539

District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 1651918

Cited 8 times | Published

"moderate to heavy." Finally, the State pointed to section 316.084(2), Florida Statutes (2005), which provides

Florio v. Eng

879 So. 2d 678, 2004 WL 1779064

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 463794

Cited 4 times | Published

supported giving a charge on violation of section 316.084(2), Florida Statutes, governing vehicles passing

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.