Florida Statute 316.272 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.272

316.272 Exhaust systems, prevention of noise.—

(1) Every motor vehicle shall at all times be equipped with an exhaust system in good working order and in constant operation, including muffler, manifold pipe, and tailpiping to prevent excessive or unusual noise. In no event shall an exhaust system allow noise at a level which exceeds a maximum decibel level to be established by regulation of the Department of Environmental Protection as provided in s. 403.061(11) in cooperation with the Department of Highway Safety and Motor Vehicles. No person shall use a muffler cutout, bypass or similar device upon a vehicle on a highway.

(2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 1, ch. 72-39; s. 1, ch. 73-89; s. 27, ch. 79-65; s. 135, ch. 94-356; s. 204, ch. 99-248; s. 30, ch. 2006-1.

F.S. 316.272 on Google Scholar

F.S. 316.272 on Casetext

Amendments to 316.272

Arrestable Offenses / Crimes under Fla. Stat. 316.272

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.272.

Civil Citations / Citable Offenses under S316.272

R or S next to points is Mandatory Revocation or Suspension

S316.272 MUFFLER - No/Improper (cutouts, bypass, etc.) - Points on Drivers License: 0

S316.272 (1) Loud defective muffler - Points on Drivers License: 0

S316.272 (2) Emit excess exhaust fumes - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.272

Total Results: 4

Classy Cycles, Inc. v. Bay County

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00

Citation: 201 So. 3d 779, 2016 Fla. App. LEXIS 14507

Snippet: brakes), § 316.271 (horns and warning devices), § 316.272 (exhaust system), § 316.293 (noise), § 316.2935

State v. Gibson

Court: Fla. Dist. Ct. App. | Date Filed: 1990-05-10T00:53:00-07:00

Citation: 560 So. 2d 1370

Snippet: GOSHORN and PETERSON, JJ., concur. NOTES [1] See § 316.272(1), Fla. Stat. (1989). [2] See Monroe v. State

State v. Cobbs

Court: Fla. Dist. Ct. App. | Date Filed: 1982-02-01T23:53:00-08:00

Citation: 411 So. 2d 212

Snippet: prevent excessive or unusual noise," Section 316.272(1), Florida Statutes (1979), compels the conclusion…trial court was that even if, arguendo, Section 316.272(1) were applicable to motorcycles, the officer,…articulable suspicion that a violation of Section 316.272(1) was occurring, justifying a stop to examine …arrested or prosecuted for a violation of Section 316.272(1), the stop for an investigation of that offense

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-08-05T00:53:00-07:00

Snippet: .316.271 (horns, when operating upon a highway); s. 316.272 (mufflers); s. 316.273 (mirrors). I note in passing