Florida Statute 316.2952 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.2952

316.2952 Windshields; requirements; restrictions.—

(1) A windshield in a fixed and upright position, which windshield is equipped with safety glazing as required by federal safety-glazing material standards, is required on every motor vehicle which is operated on the public highways, roads, and streets, except on a motorcycle or implement of husbandry.

(2) A person shall not operate any motor vehicle on any public highway, road, or street with any sign, sunscreening material, product, or covering attached to, or located in or upon, the windshield, except the following:

(a) A certificate or other paper required to be displayed by law.

(b) Sunscreening material along a strip at the top of the windshield, so long as such material is transparent and does not encroach upon the driver’s direct forward viewing area as more particularly described and defined in Federal Motor Vehicle Safety Standards No. 205 as the AS/1 portion of the windshield.

(c) A device, issued by a governmental entity as defined in s. 334.03, or its designee, for the purpose of electronic toll payments.

(d) A global positioning system device or similar satellite receiver device that uses the global positioning system operated pursuant to 10 U.S.C. s. 2281 to obtain navigation, to improve driver safety as a component of safety monitoring equipment capable of providing driver feedback, or to otherwise route information while the motor vehicle is being operated.

(3) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be constructed as to be controlled or operated by the driver of the vehicle.

(4) Every windshield wiper upon a motor vehicle shall be maintained in good working order.

(5) Grove equipment, including “goats,” “highlift-goats,” grove chemical supply tanks, fertilizer distributors, fruit-loading equipment, and electric-powered vehicles regulated under the provisions of s. 316.267, are exempt from the requirements of this section. However, such electric-powered vehicles shall have a windscreen approved by the department sufficient to give protection from wind, rain, or insects, and such windscreen shall be in place whenever the vehicle is operated on the public roads and highways.

(6) A former military vehicle is exempt from the requirements of this section if the department determines that the exemption is necessary to maintain the vehicle’s accurate military design and markings. However, whenever the vehicle is operating on the public roads and highways, the operator and passengers must wear eye-protective devices approved by the department. For purposes of this subsection, “former military vehicle” means a vehicle, including a trailer, regardless of the vehicle’s size, weight, or year of manufacture, that was manufactured for use in any country’s military forces and is maintained to represent its military design and markings accurately.

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

History.—s. 1, ch. 84-296; s. 15, ch. 93-164; s. 208, ch. 99-248; s. 1, ch. 2003-286; s. 1, ch. 2005-47; s. 8, ch. 2010-223; s. 13, ch. 2014-216.

F.S. 316.2952 on Google Scholar

F.S. 316.2952 on Casetext

Amendments to 316.2952

Arrestable Offenses / Crimes under Fla. Stat. 316.2952

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.2952.

Civil Citations / Citable Offenses under S316.2952

R or S next to points is Mandatory Revocation or Suspension

S316.2952 (1) WINDSHIELDS - Not equipped or upright - Points on Drivers License: 0

S316.2952 (2) WINDSHIELDS - Sign/covering/sunscreen material on - Points on Drivers License: 0

S316.2952 (2)(b) Improper Sunscreen at top of windshield - Points on Drivers License: 0

S316.2952 (3) WINDSHIELD WIPERS - none - Points on Drivers License: 0

S316.2952 (4) WINDSHIELD WIPERS - faulty - Points on Drivers License: 0

S316.2952 (5) Windscreen required on grove equipment - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.2952

Total Results: 13

C.G. and C.G. v. R.C.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-12T00:53:00-07:00

Snippet: supreme court by necessity had to turn to section 316.2952, Florida Statutes, which “enumerates the specific…section governing windshields in chapter 316—section 316.2952—“requires only: (1) …wipers be maintained in good working order. See § 316.2952, Fla. Stat. (2001).” Id. In giving effect to the…, dings, or cracks, are not within section 316.2952 and do not constitute a traffic violation …supreme court to independently reference section 316.2952 to determine the statutory requirements for windshields

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: (emissions standards), § 316.294 (mirrors), § 316,2952 (windshields), § 316.2953 (side windows), § 316.2954

Paul v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-19T00:53:00-07:00

Citation: 991 So. 2d 404

Snippet: of subsection *406 (1)"; because section 316.2952, Florida Statutes (2001), did not require a windshield

Swagerty v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-18T00:53:00-07:00

Citation: 982 So. 2d 19

Snippet: 442] at 446 [ (Fla.1992) ]. Similarly, section 316.2952 requires a windshield on vehicles, but does not…address or prohibit cracks in windshields. See § 316.2952, Fla. Stat. (2001). As we noted in Doctor, interpreting

Hilton v. State

Court: Fla. | Date Filed: 2007-07-05T00:53:00-07:00

Citation: 961 So. 2d 284

Snippet: The court initially stated that while section 316.2952 of the Florida Statutes (2001) mandates that cars…proper condition. See id. However, because section 316.2952 merely requires a car to have a windshield, but…;s conviction, concluding that because section 316.2952 of the Florida Statutes requires a windshield …that because a windshield is required by section 316.2952, it is a violation of section 316.610 to drive…. § 316.610(1)-(2), Fla. Stat. (2001). Section 316.2952 of the Florida Statutes, which enumerates the

State v. Howard

Court: Fla. Dist. Ct. App. | Date Filed: 2005-08-05T00:53:00-07:00

Citation: 909 So. 2d 390

Snippet: citation. See 29 Fla. L. Weekly at D1475. Section 316.2952(1), Florida Statutes (2004), requires motor vehicles…provided in chapter 318." However, section 316.2952 "says nothing about cracks." Hilton …as required in this chapter," yet section 316.2952 requires a car to have a windshield but does not… So.2d at 155-57. Hilton II construed sections 316.2952 and 316.610(1) as establishing that the officers

State v. Burke

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-08T00:53:00-07:00

Citation: 902 So. 2d 955

Snippet: windshield was a proper basis for the stop. Section 316.2952, Florida Statutes (2003), provides that a windshield

Gordon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-05-13T00:53:00-07:00

Citation: 901 So. 2d 399

Snippet: vehicle.[5] G. Section 316.2952(2) We turn now to an examination of section 316.2952(2), the other statutory…payments. Pursuant to section 316.2952(6), a violation of section 316.2952(2) is a noncriminal traffic …of section 316.2952(2) is similar to the analysis of section 316.2004(2)(b). Section 316.2952(2) prohibits…;s view of the roadway in violation of section 316.2952(2), Florida Statutes (2003).[1] However, the deputies…not section 316.2004(2)(b), but rather section 316.2952(2). On this appeal, the State argues that driving

Ivory v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-11T00:00:00-08:00

Citation: 898 So. 2d 184

Snippet: neither him nor members of the public. Section 316.2952, Florida Statutes, provides that a vehicle must

Hilton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-15T23:53:00-08:00

Citation: 901 So. 2d 155

Snippet: was a noncriminal traffic infraction. Section 316.2952, Florida Statutes (2001), provides that a windshield…Because a windshield is required by this chapter, § 316.2952, it is a violation of this section to drive a …degree. 216 F.3d at 587. Therefore, even if section 316.2952 or section 316.610 stated that a cracked windshield…contrast, a windshield is required by statute. § 316.2952. Therefore, Doctor has no application to the present…requirements for windshields are set forth in section 316.2952.[3]*165 It provides that a windshield: (1) must

Dorelus v. State

Court: Fla. | Date Filed: 1999-09-30T00:53:00-07:00

Citation: 747 So. 2d 368

Snippet: section 790.001(3)(a). [7] We note that sections 316.2952-316.2956, Florida Statutes (1997), enacted in

State v. Daniel

Court: Fla. | Date Filed: 1995-09-28T00:53:00-07:00

Citation: 665 So. 2d 1040

Snippet: reference thereto as may be appropriate. Section 316.2952(4), Florida Statutes (1991), states: Every windshield

Ago

Court: Fla. Att'y Gen. | Date Filed: 1986-11-02T23:53:00-08:00

Snippet: are subject to the windshield requirement of s. 316.2952(1), F.S., and any other safety requirements imposed…exempted therefrom. See also, s.316.215, F.S. Section 316.2952(1) expressly provides: A windshield in a …any "ATV" from the requirements of s. 316.2952(1) and (3) or from the definition of "motor…(1). In view of the express requirements of s. 316.2952(1), that every motor vehicle which is operated… equipped with a windshield as described by s. 316.2952(1), F.S., when so operated on the roads of this