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Fla. Stat. § 316.440 (2025)

Brake equipment required.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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316.440 Brake equipment required.—Every motor-driven cycle must comply with the provisions of s. 316.261, except that:
(1) Motorcycles and motor-driven cycles need not be equipped with parking brakes.
(2) The wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, and the front wheel of a motor-driven cycle, need not be equipped with brakes, provided that such motorcycle or motor-driven cycle is capable of complying with the performance requirements of this chapter.

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. 76-31; s. 229, ch. 99-248.
Note.—Former s. 316.264.
Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016).
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Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016). “Section 316.440 sets forth the requirements for brakes on motorcycles; section 316.”
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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.