316.085
Limitations on overtaking, passing, changing lanes and changing course.
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316.085 Limitations on overtaking, passing, changing lanes and changing course.—
(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this chapter and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction of any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.
(2) No vehicle shall be driven from a direct course in any lane on any highway until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction.
(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. 109, ch. 99-248.
Notes of Decisions
Cited in 8
cases, 1976–2010 · leading case: United States v. Dwayne Berman Cooper
United States v. Dwayne Berman Cooper (1998)
“” Fla. Stat. § 316.085 (2) (1995). Upon due consideration of the record, we conclude that the district court did not clearly err in finding that King had probable cause to believe that Cooper violated section 316.”
Hunter v. Ward (2002)
“" The evidence in the record before us is undisputed that Ward was traveling behind a truck in the right lane; that the truck obscured his vision so that he was unable to see the traffic ahead in the left lane; that before he moved from the right to the left lane he checked for…”
Eden v. Food Fair Stores, Inc. (1976)
“Appellant's point 7 urges error upon the court's refusal of a requested instruction on Fla. Stat. § 316.085 (2), which imposes restrictions upon a driver changing his lane of travel on a multi-lane highway.”
United States v. Christopher Samuel Carter (2010)
“” (citing Fla. Stat. § 316.085 (2)). Because Carter has not pointed to any facts in the record showing that the district court’s decision to credit DeGraw’s testimony was clearly erroneous, this Court is bound by that credibility determination.”
Lindsey v. Johnson (1982)
“030(1) provides that any person operating a vehicle upon the streets or highways within the state shall drive in a careful and prudent manner under the circumstances existing; (2) that Section 316.085(2) provides that a vehicle shall not be driven from one lane on a highway…”
United States v. Cooper (1998)
“Fla. Stat. § 316.085 (2) (1995). 4 Consent is one of many factual issues that the district court did not resolve.”
United States v. Cooper (1998)
“Fla. Stat. § 316.085 (2) (1995). 4 district court did not resolve, whether Cooper consented.”
Woodard v. Barkley (1988)
“The primary thrust of the appellants’ argument is that section 316.085(2) is not applicable to a situation in which a person has slowed down on a two lane residential road, put on his turn signal and turned left into his own driveway.”
— 316.085(2) — 3 cases
Hunter v. Ward (2002)
“" The evidence in the record before us is undisputed that Ward was traveling behind a truck in the right lane; that the truck obscured his vision so that he was unable to see the traffic ahead in the left lane; that before he moved from the right to the left lane he checked for…”
Lindsey v. Johnson (1982)
“030(1) provides that any person operating a vehicle upon the streets or highways within the state shall drive in a careful and prudent manner under the circumstances existing; (2) that Section 316.085(2) provides that a vehicle shall not be driven from one lane on a highway…”
Woodard v. Barkley (1988)
“The primary thrust of the appellants’ argument is that section 316.085(2) is not applicable to a situation in which a person has slowed down on a two lane residential road, put on his turn signal and turned left into his own driveway.”
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