Florida Statute 316.194 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.194

316.194 Stopping, standing or parking outside of municipalities.—

(1) Upon any highway outside of a municipality, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leave the vehicle off such part of the highway; but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the highway.

(2) This section shall not apply to the driver or owner of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position, or to passenger-carrying buses temporarily parked while loading or discharging passengers, where highway conditions render such parking off the paved portion of the highway hazardous or impractical.

(3)(a) Whenever any police officer or traffic accident investigation officer finds a vehicle standing upon a highway in violation of any of the foregoing provisions of this section, the officer is authorized to move the vehicle, or require the driver or other persons in charge of the vehicle to move the vehicle, to a position off the paved or main-traveled part of the highway.

(b) Officers and traffic accident investigation officers may provide for the removal of any abandoned vehicle to the nearest garage or other place of safety, cost of such removal to be a lien against motor vehicle, when an abandoned vehicle is found unattended upon a bridge or causeway or in any tunnel, or on any public highway in the following instances:

1. Where such vehicle constitutes an obstruction of traffic;

2. Where such vehicle has been parked or stored on the public right-of-way for a period exceeding 48 hours, in other than designated parking areas, and is within 30 feet of the pavement edge; and

3. Where an operative vehicle has been parked or stored on the public right-of-way for a period exceeding 10 days, in other than designated parking areas, and is more than 30 feet from the pavement edge. However, the agency removing such vehicle shall be required to report same to the Department of Highway Safety and Motor Vehicles within 24 hours of such removal.

(c) Any vehicle moved under the provisions of this chapter which is a stolen vehicle shall not be subject to the provisions hereof unless the moving authority has reported to the Florida Highway Patrol the taking into possession of the vehicle within 24 hours of the moving of the vehicle.

(4) 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. 1, ch. 71-352; s. 1, ch. 76-31; s. 142, ch. 99-248; s. 35, ch. 2005-164.

Note.—Former s. 316.124.

F.S. 316.194 on Google Scholar

F.S. 316.194 on Casetext

Amendments to 316.194

Arrestable Offenses / Crimes under Fla. Stat. 316.194

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.194.

Civil Citations / Citable Offenses under S316.194

R or S next to points is Mandatory Revocation or Suspension

S316.194 Stopping/Standing/Parking on highway outside of municipalities - Points on Drivers License: 3

S316.194 (1) Stopping/Standing/Parking on highway outside of municipalities - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.194

Total Results: 16

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-09-15

Snippet: 12 Section 316.003(53)(b), Fla. Stat. 13 See s. 316.194(3)(b)1.-3., Fla. Stat. 14 Section 162.03(1), Fla

Pollock v. Florida Dept. of Highway Patrol

Court: Supreme Court of Florida | Date Filed: 2004-06-10

Citation: 882 So. 2d 928, 2004 WL 1274334

Snippet: removal of stalled or abandoned vehicles. See § 316.194(3)(a), Fla. Stat. (1993). The statutory construct

Dunn v. USAA Casualty Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2001-03-21

Citation: 781 So. 2d 1153, 2001 Fla. App. LEXIS 3476, 2001 WL 273832

Snippet: jury in this case that a violation of section 316.194(1), Florida Statutes (2000), was evidence of negligence

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-03-21

Snippet: parked on the right-of-way of a state road. Section 316.194(3)(b), Florida Statutes, provides for the removal

All-Time Towing, Inc. v. McCutcheon

Court: District Court of Appeal of Florida | Date Filed: 1997-11-05

Citation: 701 So. 2d 384, 1997 Fla. App. LEXIS 12282, 1997 WL 687659

Snippet: vehicles on county highways. See §§ 316.640(2), 316.194, Fla. Stat. (1995). Given these statutorily imposed

Hutt v. Nichols

Court: District Court of Appeal of Florida | Date Filed: 1995-03-17

Citation: 652 So. 2d 427, 1995 WL 111193

Snippet: 411 So.2d 273 (Fla. 1st DCA 1982) and section 316.194, Florida Statutes. We reverse but certify a conflict

Hoover v. Polk County Sheriff's Department

Court: District Court of Appeal of Florida | Date Filed: 1993-01-13

Citation: 611 So. 2d 1331, 1993 Fla. App. LEXIS 90

Snippet: required by its own policies and by §§ 705.103 and 316.194, Florida Statutes." The appellants alleged that

Hoover v. POLK CTY. SHERIFF'S DEPT.

Court: District Court of Appeal of Florida | Date Filed: 1993-01-13

Citation: 611 So. 2d 1331

Snippet: required by its own policies and by §§ 705.103 and 316.194, Florida Statutes." The appellants alleged that

Liriano v. Gonzalez

Court: District Court of Appeal of Florida | Date Filed: 1992-09-29

Citation: 605 So. 2d 575, 1992 WL 240648

Snippet: defendant was improperly stopped on a bridge). Section 316.194(1), Florida Statutes (1991) provides in pertinent

Fox v. News-Press Publishing Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1989-06-09

Citation: 545 So. 2d 941, 1989 WL 61120

Snippet: property from public streets and property. See §§ 316.194(3)(a), 705.103 and 715.05, Fla. Stat. (1987). The

Barrier v. Duncan

Court: District Court of Appeal of Florida | Date Filed: 1989-01-06

Citation: 541 So. 2d 631, 1989 WL 478

Snippet: portion of the highway hazardous or impractical. [§ 316.194(1-2), Fla. Stat. (1985).] It is unlawful for any

Taylor v. Gunter Trucking Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1988-02-04

Citation: 520 So. 2d 624, 1988 WL 6405

Snippet: the state's uniform traffic control law. See §§ 316.194 and 316.1945, Fla. Stat. (1985). [2] Such precautions

Roby ex rel. Roby v. Kingsley

Court: District Court of Appeal of Florida | Date Filed: 1986-08-07

Citation: 492 So. 2d 789, 11 Fla. L. Weekly 1723, 1986 Fla. App. LEXIS 9290

Snippet: in the emergency lane in violation of Section 316.194, Florida Statutes and failed to display the required

ROBY EX REL. ROBY v. Kingsley

Court: District Court of Appeal of Florida | Date Filed: 1986-08-07

Citation: 492 So. 2d 789, 11 Fla. L. Weekly 1723

Snippet: in the emergency lane in violation of Section 316.194, Florida Statutes and failed to display the required

Graham v. Kebel

Court: District Court of Appeal of Florida | Date Filed: 1983-04-26

Citation: 431 So. 2d 652, 1983 Fla. App. LEXIS 19230

Snippet: stopping on the left constituted negligence. Section 316.194(1), (2), Florida Statutes (1977) prohibits the

Sheir v. Metropolitan Dade County

Court: District Court of Appeal of Florida | Date Filed: 1979-09-25

Citation: 375 So. 2d 1114, 1979 Fla. App. LEXIS 15893

Snippet: Florida Statutes (1971), (renumbered Section 316.194, effective October 1, 1977), directs that: “(1)