Florida Statute 316.610 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.610

316.610 Safety of vehicle; inspection.—It is a violation of this chapter for any person to drive or move, or for the owner or his or her duly authorized representative to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter.

(1) Any police officer may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference thereto as may be appropriate.

(2) In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, and the continued operation would probably present an unduly hazardous operating condition, the officer may require the vehicle to be immediately repaired or removed from use. However, if continuous operation would not present unduly hazardous operating conditions, that is, in the case of equipment defects such as tailpipes, mufflers, windshield wipers, marginally worn tires, the officer shall give written notice to require proper repair and adjustment of same within 48 hours, excluding Sunday.

History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 78-112; s. 24, ch. 83-216; s. 7, ch. 83-298; s. 328, ch. 95-148; s. 17, ch. 2003-286.

Note.—Former s. 316.285.

F.S. 316.610 on Google Scholar

F.S. 316.610 on Casetext

Amendments to 316.610

Arrestable Offenses / Crimes under Fla. Stat. 316.610

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.610.

Civil Citations / Citable Offenses under S316.610

R or S next to points is Mandatory Revocation or Suspension

S316.610 Driving vehicle in UNSAFE CONDITION - Points on Drivers License: 0

S316.610 (1) Driving vehicle in UNSAFE CONDITION Note 14 - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.610

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2019-09-12

Snippet: statutory interpretation as to whether section 316.610 of the Florida Statutes permits a [traffic] stop

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: limits), 316.600 (health and sanitation hazards), § 316.610 (safety of vehicle), § 316.613 (child restraint

State v. Williams

Court: District Court of Appeal of Florida | Date Filed: 2013-08-23

Citation: 119 So. 3d 544, 2013 WL 4488691, 2013 Fla. App. LEXIS 13482

Snippet: equipment [was] not in proper adjustment or repair.” § 316.610, Fla. Stat. (2001). Based on the statutory language

Springer v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-03-06

Citation: 125 So. 3d 271, 2013 Fla. App. LEXIS 3519, 2013 WL 811673

Snippet: statutory interpretation as to whether section 316.610 of the Florida Statutes permits a stop for a cracked

State v. Taylor

Court: District Court of Appeal of Florida | Date Filed: 2009-08-28

Citation: 16 So. 3d 997, 2009 Fla. App. LEXIS 12667, 2009 WL 2632149

Snippet: feet justified an "inspection stop" under section 316.610, Florida Statutes (2007). Once the officer smelled

Davison v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-05-19

Citation: 15 So. 3d 34, 2009 Fla. App. LEXIS 5827, 2009 WL 1378125

Snippet: for a violation of the tag light requirement. § 316.610, Fla. Stat. (2007). Even though the officer mistakenly

Paul v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-09-19

Citation: 991 So. 2d 404, 2008 WL 4276328

Snippet: one year and a day in prison. Analysis Section 316.610, Florida Statutes (2002), provides: It is a violation

State v. Howard

Court: District Court of Appeal of Florida | Date Filed: 2008-06-02

Citation: 983 So. 2d 671, 2008 WL 2228667

Snippet: court determined that the language in section 316.610(1) Florida Statutes (2001), authorizing vehicle

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-05-29

Snippet: collected for a violation of sections 316.2935 or 316.610, Florida Statutes, if the person cited complies

Perez-Garcia v. State

Court: Supreme Court of Florida | Date Filed: 2008-05-29

Citation: 983 So. 2d 578, 2008 WL 2200097

Snippet: objectively "unsafe condition," prohibited by section 316.610, Florida Statutes (2003). This legal conclusion

Swagerty v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-03-18

Citation: 982 So. 2d 19, 2008 WL 704192

Snippet: (2001). As we noted in Doctor, interpreting section 316.610 to authorize traffic stops for just any type of

Langello v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-12-19

Citation: 970 So. 2d 491, 2007 WL 4404597

Snippet: was proper under section 316.610(1), Florida Statutes (2004). Section 316.610(1) gives a police officer

Zarba v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-11-16

Citation: 993 So. 2d 1000, 2007 WL 3400308

Snippet: lamps"the traffic stop was lawful under section 316.610. The latter statutewhich addresses vehicle safety

Dey v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-11-09

Citation: 967 So. 2d 1070, 2007 WL 3307202

Snippet: Hilton II, concluding that the provision of section 316.610 which authorizes vehicle stops for equipment that

Hilton v. State

Court: Supreme Court of Florida | Date Filed: 2007-07-05

Citation: 961 So. 2d 284, 2007 WL 1932071

Snippet: CONDUCT A SAFETY INSPECTION STOP UNDER SECTION 316.610 AFTER THE OFFICER HAS OBSERVED A CRACKED WINDSHIELD

State v. Lee

Court: District Court of Appeal of Florida | Date Filed: 2007-05-11

Citation: 957 So. 2d 76, 2007 WL 1372731

Snippet: It may justify an "inspection stop" under sec. 316.610,[2]but such an inspection was not performed, as

State v. Perez-Garcia

Court: District Court of Appeal of Florida | Date Filed: 2005-10-12

Citation: 917 So. 2d 894, 2005 WL 2509896

Snippet: centered on a correct understanding of section 316.610 of the Florida Statutes. The statute in effect

State v. Schuck

Court: District Court of Appeal of Florida | Date Filed: 2005-09-28

Citation: 913 So. 2d 69, 2005 WL 2373878

Snippet: authorized to stop Schuck pursuant to section 316.610(1), Florida Statutes, which states: Any police

State v. Howard

Court: District Court of Appeal of Florida | Date Filed: 2005-08-05

Citation: 909 So. 2d 390, 2005 WL 1844508

Snippet: applicability of section 316.610, Florida Statutes (2004), which states: 316.610 Safety of vehicle; inspection

State v. Burke

Court: District Court of Appeal of Florida | Date Filed: 2005-06-08

Citation: 902 So. 2d 955, 2005 WL 1335208

Snippet: statute is a noncriminal traffic infraction. Section 316.610(1) expressly gives a police officer the authority