Florida Statute 316.610 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

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

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Amendments to 316.610

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.610

R or S next to points is Mandatory Revocation or Suspension

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

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

Cases Citing Statute 316.610

Total Results: 33

Doctor v. State

596 So. 2d 442, 1992 WL 45029

Supreme Court of Florida | Filed: Mar 12, 1992 | Docket: 404607

Cited 72 times | Published

officers asserted this condition violated section 316.610, Florida Statutes (1987), which provides in

Hilton v. State

961 So. 2d 284, 2007 WL 1932071

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1515768

Cited 35 times | Published

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

State v. Daniel

665 So. 2d 1040, 1995 WL 568723

Supreme Court of Florida | Filed: Sep 28, 1995 | Docket: 1352097

Cited 26 times | Published

Likewise, we rejected the State's argument that section 316.610, Florida Statutes (1987) which we read as

State v. Kindle

782 So. 2d 971, 2001 WL 359489

District Court of Appeal of Florida | Filed: Apr 12, 2001 | Docket: 1512098

Cited 24 times | Published

the trailer did not have a license plate. Section 316.610, Florida Statutes (1999) provides that it is

Hilton v. State

901 So. 2d 155, 30 Fla. L. Weekly Fed. D 453

District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 1666294

Cited 16 times | Published

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

Frierson v. State

851 So. 2d 293, 2003 WL 21800407

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 1691423

Cited 12 times | Published

officer." § 901.15(5), Fla. Stat. (2000). Section 316.610, Florida Statutes (2000) prohibits the driving

Thomas v. State

644 So. 2d 597, 1994 WL 600792

District Court of Appeal of Florida | Filed: Nov 4, 1994 | Docket: 1672280

Cited 10 times | Published

(1991). [2] § 893.147, Fla. Stat. (1991). [3] § 316.610, Fla. Stat. (1991). [4] § 322.34, Fla. Stat.

State v. Burke

902 So. 2d 955, 2005 WL 1335208

District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 1675022

Cited 6 times | Published

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

State v. Taylor

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

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1641277

Cited 5 times | Published

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

State v. Perez-Garcia

917 So. 2d 894, 2005 WL 2509896

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 2553563

Cited 5 times | Published

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

State v. Howard

909 So. 2d 390, 2005 WL 1844508

District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 1199116

Cited 4 times | Published

The attorneys discussed the applicability of section 316.610, Florida Statutes (2004), which states: 316

Ivory v. State

898 So. 2d 184, 2005 WL 562657

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 1448296

Cited 4 times | Published

that a vehicle must have a windshield, and section 316.610 states that it is a civil infraction to drive

Scott v. State

710 So. 2d 1378, 1998 WL 288226

District Court of Appeal of Florida | Filed: Jun 5, 1998 | Docket: 1444594

Cited 4 times | Published

cause to stop defendant's car pursuant to section 316.610(1), Florida Statute (1995), which authorizes

State v. Schuck

913 So. 2d 69, 2005 WL 2373878

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 146822

Cited 3 times | Published

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

State v. Williams

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

District Court of Appeal of Florida | Filed: Aug 23, 2013 | Docket: 60233660

Cited 2 times | Published

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

Langello v. State

970 So. 2d 491, 2007 WL 4404597

District Court of Appeal of Florida | Filed: Dec 19, 2007 | Docket: 1324021

Cited 2 times | Published

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

State v. Lee

957 So. 2d 76, 2007 WL 1372731

District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 1679278

Cited 2 times | Published

provided in chapter 318. [2] In relevant part, section 316.610, Florida Statutes (2005), provides: It is

Johnson v. State

888 So. 2d 122, 2004 WL 2729715

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 1327704

Cited 2 times | Published

light and the court's incorrect application of section 316.610, Florida Statutes, to the facts of his case

Davison v. State

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

District Court of Appeal of Florida | Filed: May 19, 2009 | Docket: 1660983

Cited 1 times | Published

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

Paul v. State

991 So. 2d 404, 2008 WL 4276328

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1725302

Cited 1 times | Published

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

State v. Howard

983 So. 2d 671, 2008 WL 2228667

District Court of Appeal of Florida | Filed: Jun 2, 2008 | Docket: 2159125

Cited 1 times | Published

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

Dey v. State

967 So. 2d 1070, 2007 WL 3307202

District Court of Appeal of Florida | Filed: Nov 9, 2007 | Docket: 1454217

Cited 1 times | Published

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

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

District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16189564

Published

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

Classy Cycles, Inc. v. Bay County

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

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 60257072

Published

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

Springer v. State

125 So. 3d 271, 2013 Fla. App. LEXIS 3519, 2013 WL 811673, 38 Fla. L. Weekly Fed. D 547

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60235815

Published

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

Perez-Garcia v. State

983 So. 2d 578, 2008 WL 2200097

Supreme Court of Florida | Filed: May 29, 2008 | Docket: 1664473

Published

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

Swagerty v. State

982 So. 2d 19, 2008 WL 704192

District Court of Appeal of Florida | Filed: Mar 18, 2008 | Docket: 433656

Published

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

Zarba v. State

993 So. 2d 1000, 2007 WL 3400308

District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 1515975

Published

*1002 lamps"the traffic stop was lawful under section 316.610. The latter statutewhich addresses vehicle

State v. Savino

686 So. 2d 811, 1997 Fla. App. LEXIS 304, 1997 WL 31009

District Court of Appeal of Florida | Filed: Jan 29, 1997 | Docket: 64770476

Published

stop appellees’ vehicle for a violation of section 316.610, Florida Statutes (1995), due to its cracked

Campbell v. State

667 So. 2d 279, 1995 Fla. App. LEXIS 9644, 1995 WL 539044

District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 64761939

Published

unsafe or not equipped as required by law,” section 316.610(1), Florida Statutes (1993), the Legislature

Department of Highway Safety & Motor Vehicles, Bureau of Driver Improvement v. Thompson

622 So. 2d 1169, 1993 Fla. App. LEXIS 8760, 1993 WL 323151

District Court of Appeal of Florida | Filed: Aug 27, 1993 | Docket: 64698271

Published

displayed from sunset to sunrise. Pursuant to section 316.610, Florida Statutes (1991), it is a violation

State v. Rodriguez

542 So. 2d 454, 14 Fla. L. Weekly 1079, 1989 Fla. App. LEXIS 2299, 1989 WL 43334

District Court of Appeal of Florida | Filed: May 2, 1989 | Docket: 64642136

Published

street with wheels insufficiently attached. See § 316.610, Fla.Stat. (1987). That the officer elected to

Ago

Florida Attorney General Reports | Filed: Jan 18, 1983 | Docket: 3255625

Published

certain types of vehicles. See, s 316.2225, F.S. Section 316.610, F.S., provides that it is a violation of Ch

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. 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.