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Florida Statute 316.405 - Full Text and Legal Analysis Florida Statute 316.405 | Lawyer Caselaw & Research
Fla. Stat. § 316.405 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
316.405 Motorcycle headlights to be turned on.—
(1) Any person who operates a motorcycle or motor-driven cycle on the public streets or highways shall, while so engaged, have the headlight or headlights of such motorcycle or motor-driven cycle turned on. Failure to comply with this section during the hours from sunrise to sunset, unless compliance is otherwise required by law, shall not be admissible as evidence of negligence in a civil action. During the hours of operation between sunrise and sunset, the headlights may modulate either the upper beam or the lower beam from its maximum intensity to a lower intensity, in accordance with Federal Motor Vehicle Safety Standard 571.108.
(2) Failure to comply with the provisions of this section shall not be deemed negligence per se in any civil action, but the violation of this section may be considered on the issue of negligence if the violation of this section is a proximate cause of a crash.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—ss. 1, 2, ch. 71-351; s. 1, ch. 76-31; s. 222, ch. 99-248.
Note.—Former s. 316.2431.

Civil Citations under F.S. 316.405

Driver's license points · R = revocation · S = suspension
§316.405MOTORCYCLE HEADLIGHTS - Failure to use when required3 pts
§316.405(1)MOTORCYCLE HEADLIGHTS - Failure to use when required3 pts

Cases Citing F.S. 316.405

Fla. Stat. § 316.405 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14507

...That section specifies who has to wear headgear on motorcycles and provides that, all riders have to wear eyewear on motorcycles, unless it is motorcycle with a motor less than 50 cubic centimeters or less than 2 horsepower, and not capable of exceeding 30 mile per hour. Section 316.405 requires motorcycle headlights to be turned on during operation....
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Cited as authorityOakes (2021)
phrase: "rule_authority"
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This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 316 matters in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.