Florida Statutes
Fla. Stat. § 316.194 (2025)
Stopping, standing or parking outside of municipalities.
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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.
Civil Citations under F.S. 316.194
Driver's license points · R = revocation · S = suspension§316.194Stopping/Standing/Parking on highway outside of municipalities
§316.194(1)Stopping/Standing/Parking on highway outside of municipalities
Notes of Decisions
Cited in 12
cases, 1979–2004 · leading case: Pollock v. Florida Dept. of High. Patrol, 882 So. 2d 928 (Fla. 2004).
Pollock v. Florida Dept. of High. Patrol, 882 So. 2d 928 (Fla. 2004). “ (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…”
Liriano v. Gonzalez, 605 So. 2d 575 (Fla. 3d DCA 1992). “194(1), Florida Statutes (1991) provides in pertinent part: (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…”
Taylor v. Gunter Trucking Co., Inc., 520 So. 2d 624 (Fla. 1st DCA 1988). “See §§ 316.194 and 316.1945, Fla. Stat. (1985).”
Barrier v. Duncan, 541 So. 2d 631 (Fla. 1st DCA 1989). “[§ 316.194(1-2), Fla. Stat. (1985).] It is unlawful for any person or persons willfully to obstruct the free convenient and normal use of any public street, highway or road by impeding, hindering, stifling, retarding or restraining traffic or passage thereon or by endangering…”
Fox v. News-Press Publ'g Co., Inc., 545 So. 2d 941 (Fla. 2d DCA 1989). “See §§ 316.194(3)(a), 705.103 and 715.05, Fla.”
Hutt v. Nichols, 652 So. 2d 427 (Fla. 5th DCA 1995). “1st DCA 1982) and section 316.194, Florida Statutes. We reverse but certify a conflict with McCorvey .”
Graham v. Kebel, 431 So. 2d 652 (Fla. 3d DCA 1983). “Section 316.194(1), (2), Florida Statutes (1977) prohibits the parking of a vehicle on the “paved part of the highway when it is practicable to stop, park, or so leave the vehicle off such part of the highway” unless “highway conditions render such parking off the paved portion…”
Sheir v. Metro. Dade Cnty., 375 So. 2d 1114 (Fla. 3d DCA 1979). “124(1) and (2), Florida Statutes (1971), (renumbered Section 316.194, effective October 1, 1977), directs that: “(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…”
Roby ex rel. Roby v. Kingsley, 492 So. 2d 789 (Fla. 1st DCA 1986). “Kingsley was illegally parked partially in the emergency lane in violation of Section 316.194, Florida Statutes and failed to display the required triangular reflectors behind his vehicle as required by Section 316.”
Roby Ex Rel. Roby v. Kingsley, 492 So. 2d 789 (Fla. 1st DCA 1986). “Kingsley was illegally parked partially in the emergency lane in violation of Section 316.194, Florida Statutes and failed to display the required triangular reflectors behind his vehicle as required by Section 316.”
Hutchinson v. State, 41 Fla. Supp. 2d 32 (Fla. Cir. Ct. 1990). “Hutchinson, an ice cream vendor, for stopping in the main-traveled portion of a highway in violation of Fla. Stat. § 316.194 (1) (1988). Appellant was stopped in the westbound lane of S.”
Dunn v. USAA Cas. Ins. Co., 781 So. 2d 1153 (Fla. 4th DCA 2001). “We agree with appellant that the trial court incorrectly charged the jury in this case that a violation of section 316.194(1), Florida Statutes (2000), was evidence of negligence.”
— 316.194(1) — 4 cases
Liriano v. Gonzalez, 605 So. 2d 575 (Fla. 3d DCA 1992). “194(1), Florida Statutes (1991) provides in pertinent part: (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…”
Graham v. Kebel, 431 So. 2d 652 (Fla. 3d DCA 1983). “Section 316.194(1), (2), Florida Statutes (1977) prohibits the parking of a vehicle on the “paved part of the highway when it is practicable to stop, park, or so leave the vehicle off such part of the highway” unless “highway conditions render such parking off the paved portion…”
Dunn v. USAA Cas. Ins. Co., 781 So. 2d 1153 (Fla. 4th DCA 2001). “We agree with appellant that the trial court incorrectly charged the jury in this case that a violation of section 316.194(1), Florida Statutes (2000), was evidence of negligence.”
Hutchinson v. State, 41 Fla. Supp. 2d 32 (Fla. Cir. Ct. 1990). “Hutchinson, an ice cream vendor, for stopping in the main-traveled portion of a highway in violation of Fla. Stat. § 316.194 (1) (1988). Appellant was stopped in the westbound lane of S.”
— 316.194(3)(a) — 2 cases
Pollock v. Florida Dept. of High. Patrol, 882 So. 2d 928 (Fla. 2004). “ (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…”
Fox v. News-Press Publ'g Co., Inc., 545 So. 2d 941 (Fla. 2d DCA 1989). “See §§ 316.194(3)(a), 705.103 and 715.05, Fla.”
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