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Florida Statute 316.440 - Full Text and Legal Analysis Florida Statute 316.440 | Lawyer Caselaw & Research
Fla. Stat. § 316.440 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Civil Citations under F.S. 316.440

Driver's license points · R = revocation · S = suspension
§316.440MOTORCYCLE/MOTOR DRIVEN CYCLES - Brake equipment required—

Cases Citing F.S. 316.440

Fla. Stat. § 316.440 (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

...Section 316.405 requires motorcycle headlights to be turned on during operation. Sections 316.410 through .420 require taillamps, reflectors, and stop lamps. Section 316.425, details when lamps are required on parked motorcycles. Section 316.435 discusses the intensity of lamps which must be used on motorcycles. Section 316.440 sets forth the requirements for brakes on motorcycles; section 316.445 sets forth the requirements for performance ability of motorcycle brakes; and section 316.450 allows for inspection of motorcycle brakes....
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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 works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.