Florida Statute 316.440 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.440

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.

F.S. 316.440 on Google Scholar

F.S. 316.440 on Casetext

Amendments to 316.440

Arrestable Offenses / Crimes under Fla. Stat. 316.440

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.440.

Civil Citations / Citable Offenses under S316.440

R or S next to points is Mandatory Revocation or Suspension

S316.440 MOTORCYCLE/MOTOR DRIVEN CYCLES - Brake equipment required - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.440

Total Results: 1

Classy Cycles, Inc. v. Bay County

Court: District Court of Appeal of Florida | Date Filed: 2016-09-28

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

Snippet: lamps which must be used on motorcycles. Section 316.440 sets forth the requirements for brakes on motorcycles;