Florida Statute 316.238 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.238

316.238 Use of multiple-beam road-lighting equipment.—

(1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in s. 316.217, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

(a) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in ss. 316.237(1)(b) and 316.430(2)(b) shall be deemed to avoid glare at all times, regardless of road contour and loading.

(b) Whenever the driver of a vehicle approaches another vehicle from the rear within 300 feet, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in ss. 316.237(1)(a) and 316.430(2)(a).

(2) 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. 28, ch. 76-31; s. 187, ch. 99-248.

F.S. 316.238 on Google Scholar

F.S. 316.238 on CourtListener

Amendments to 316.238

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.238

R or S next to points is Mandatory Revocation or Suspension

S316.238 HEADLIGHTS - FAIL TO DIM - Points on Drivers License: 3

S316.238 (1)(a) Fail dim headlights/improper adjustment - Points on Drivers License: 3

S316.238 (1)(b) Fail dim lights from rear - Points on Drivers License: 3

Cases Citing Statute 316.238

Total Results: 5

Robinson v. State

667 So. 2d 384, 1995 WL 706852

District Court of Appeal of Florida | Filed: Dec 4, 1995 | Docket: 1511562

Cited 5 times | Published

high beam violation, a civil infraction under section 316.238(1), Florida Statutes, and asked the driver

DeRosa v. Rambosk

732 F. Supp. 2d 1285, 2010 U.S. Dist. LEXIS 81150, 2010 WL 3190251

District Court, M.D. Florida | Filed: Aug 11, 2010 | Docket: 2342215

Cited 2 times | Published

dim headlights, in violation of Florida Statute § 316.238. (Id.) Deputy George returned to the plaintiffs'

State v. Shumaker

846 So. 2d 1199, 2003 Fla. App. LEXIS 8255, 2003 WL 21275987

District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 64823280

Published

feet of oncoming traffic, in violation of section 316.238(l)(a), Florida Statutes (2001), and for failing

Hester v. State

563 So. 2d 191, 1990 Fla. App. LEXIS 4562, 1990 WL 86306

District Court of Appeal of Florida | Filed: Jun 21, 1990 | Docket: 64651193

Published

claims the trial court erred in finding that section 316.238, Florida Statutes (1985), requires that the

State v. Clark

511 So. 2d 726, 12 Fla. L. Weekly 2056, 1987 Fla. App. LEXIS 10084

District Court of Appeal of Florida | Filed: Aug 24, 1987 | Docket: 64628997

Published

following a stop based on an alleged violation of Section 316.-238(1), Florida Statutes (1985). We affirm. At