Florida Statute 316.126 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.126

316.126 Operation of vehicles and actions of pedestrians; approach of authorized emergency, sanitation, or utility service vehicle, wrecker, or road and bridge maintenance or construction vehicle; presence of disabled motor vehicle.—

(1)(a) Upon the immediate approach of an authorized emergency vehicle, while en route to meet an existing emergency, the driver of every other vehicle shall, when such emergency vehicle is giving audible signals by siren, exhaust whistle, or other adequate device, or visible signals by the use of displayed blue or red lights, yield the right-of-way to the emergency vehicle and shall immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the curb of the roadway, clear of any intersection and shall stop and remain in position until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.

(b) If an authorized emergency vehicle displaying any visual signals is parked on the roadside, a sanitation vehicle is performing a task related to the provision of sanitation services on the roadside, a utility service vehicle is performing a task related to the provision of utility services on the roadside, a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, a road and bridge maintenance or construction vehicle displaying warning lights is on the roadside without advance signs and channelizing devices, or a disabled motor vehicle is stopped and is displaying warning lights or hazard lights; is stopped and is using emergency flares or posting emergency signage; or is stopped and one or more persons are visibly present, the driver of every other vehicle, as soon as it is safe:

1. Shall vacate the lane closest to the emergency vehicle, sanitation vehicle, utility service vehicle, wrecker, road and bridge maintenance or construction vehicle, or disabled motor vehicle when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle, sanitation vehicle, utility service vehicle, wrecker, road and bridge maintenance or construction vehicle, or disabled motor vehicle except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph 2.

2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.

(c) The Department of Highway Safety and Motor Vehicles shall provide an educational awareness campaign informing the motoring public about the Move Over Act. The department shall provide information about the Move Over Act in all newly printed driver license educational materials.

(2) Every pedestrian using the road right-of-way shall yield the right-of-way until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.

(3) An authorized emergency vehicle, when en route to meet an existing emergency, shall warn all other vehicular traffic along the emergency route by an audible signal, siren, exhaust whistle, or other adequate device or by a visible signal by the use of displayed blue or red lights. While en route to such emergency, the emergency vehicle shall otherwise proceed in a manner consistent with the laws regulating vehicular traffic upon the highways of this state.

(4) This section does not diminish or enlarge any rules of evidence or liability in any case involving the operation of an emergency vehicle.

(5) This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(6) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1) or subsection (3), or as a pedestrian violation for infractions of subsection (2).

History.—s. 1, ch. 71-135; s. 1, ch. 84-204; s. 122, ch. 99-248; s. 2, ch. 2002-217; s. 2, ch. 2004-20; s. 3, ch. 2009-183; s. 7, ch. 2014-216; s. 7, ch. 2021-186; s. 1, ch. 2023-197.

F.S. 316.126 on Google Scholar

F.S. 316.126 on Casetext

Amendments to 316.126

Arrestable Offenses / Crimes under Fla. Stat. 316.126

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.126.

Civil Citations / Citable Offenses under S316.126

R or S next to points is Mandatory Revocation or Suspension

S316.126 (1) FAILED TO YIELD/STOP TO EMERGENCY VEHICLE - Points on Drivers License: 3

S316.126 (1)(a) Failed to yield to emergency vehicle - Points on Drivers License: 3

S316.126 (1)(b) Failure to move over/slow down for emergency vehicle/wrecker - Points on Drivers License: 3

S316.126 (1)(b)1 Failure to move over for emergency vehicle/wrecker - Points on Drivers License: 3

S316.126 (1)(b)2 Failure to slow down for emergency vehicle/wrecker - Points on Drivers License: 3

S316.126 (2) Pedestrian failed to yield to emergency vehicle - Points on Drivers License: 0

S316.126 (3) Failure of an emergency vehicle to use warning device - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.126

Total Results: 14

BRANDON S. HEGELE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Snippet: during emergencies. See §§ 316.072(5)(c) & 316.126(5), Fla. Stat. (2016) (both providing that, regardless

G.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-04-23

Citation: 981 So. 2d 529, 2008 Fla. App. LEXIS 5879

Snippet: fleeing and eluding if he or she drove away. See § 316.126, Fla. Stat. (1999) ... 780 So.2d at 196 (citation

GM v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-04-23

Citation: 981 So. 2d 529, 2008 WL 1809317

Snippet: fleeing and eluding if he or she drove away. See § 316.126, Fla. Stat. (1999) . . . 780 So.2d at 196 (citation

Young v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-01-04

Citation: 803 So. 2d 880, 2002 WL 10111

Snippet: fleeing and eluding if he or she drove away. See § 316.126, Fla. Stat. (1999); State v. McCune, 772 So.2d

Gordon v. Colbert

Court: District Court of Appeal of Florida | Date Filed: 2001-07-05

Citation: 789 So. 2d 471, 2001 Fla. App. LEXIS 9155, 2001 WL 746925

Snippet: sections 316.126 and 316.072 Florida Statutes (1999). The instruction relating to section 316.126 was the

Hrezo v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-01-31

Citation: 780 So. 2d 194, 2001 WL 76990

Snippet: fleeing and eluding if he or she drove away. See § 316.126, Fla. Stat. (1999); State v. McCune, 772 So.2d

Bryant v. Beary

Court: District Court of Appeal of Florida | Date Filed: 2000-08-31

Citation: 766 So. 2d 1157, 2000 WL 1227902

Snippet: disregard for the safety of others. Similarly, section 316.126, Florida Statutes (1997), which governs the duty

Brooks v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-12-08

Citation: 745 So. 2d 1113, 1999 WL 1112291

Snippet: vehicles to have blue flashing lights, and section 316.126, Florida Statutes (1997), requires all vehicles

Homburg v. Knipmeyer

Court: District Court of Appeal of Florida | Date Filed: 1980-09-17

Citation: 388 So. 2d 602, 1980 Fla. App. LEXIS 17154

Snippet: drivers constituted negligence. Further, Section 316.126(1), Florida Statutes (1979), requires drivers to

Sullivan v. Price

Court: District Court of Appeal of Florida | Date Filed: 1979-03-09

Citation: 368 So. 2d 614

Snippet: jury in its instructions certain portions of § 316.126, Fla. Stat. (1977), which describes the action

State v. Lee

Court: Supreme Court of Florida | Date Filed: 1978-02-23

Citation: 356 So. 2d 276

Snippet: 316.113, 316.121, 316.122, 316.123, 316.125, 316.126(1) or (3), 316.133, 316.134, 316.138, 316.139,

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-07-13

Snippet: 316.113, 316.121, 316.122, 316.123, 316.125, 316.126(1) or (3), 316.133, 316.134, 316.138, 316.139,

Kozakoff v. State

Court: District Court of Appeal of Florida | Date Filed: 1958-06-20

Citation: 104 So. 2d 59

Snippet: Statutes 1941, F.S.A.; Powers v. State, 156 Miss. 316, 126 So. 12; State v. McCutchan, 219 Iowa 1029, 259

Roberts v. State

Court: Supreme Court of Florida | Date Filed: 1944-01-28

Citation: 16 So. 2d 435, 154 Fla. 36, 1944 Fla. LEXIS 610

Snippet: Florida Statutes, 1941; Powers v. State,156 Miss. 316, 126 So. 12; State v. McCutchan, 219 Iowa 1029,259