Florida Statutes

Fla. Stat. § 316.610 (2025)

Safety of vehicle; inspection.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Civil Citations under F.S. 316.610

Driver's license points · R = revocation · S = suspension

§316.610UNSAFE - Driving vehicle in UNSAFE CONDITION—

§316.610(1)UNSAFE - Driving vehicle in UNSAFE CONDITION Note 14—

Notes of Decisions

Cited in 36 cases (3 in the last 5 years), 1989–2023 · leading case: Hilton v. State, 961 So. 2d 284 (Fla. 2007).

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Hilton v. State, 961 So. 2d 284 (Fla. 2007). · cites it 71× “" § 316.610, Fla. Stat. (2001). FACTS AND PROCEDURAL HISTORY On January 25, 2002, Clearwater police officers Sena and Harrison stopped Hilton's car after noticing that it had a crack in the windshield.”

Hilton v. State, 901 So. 2d 155 (Fla. 2d DCA 2005). · cites it 36× “It is telling that the supreme court interpreted subsection (1) in a manner consistent with the statute's above-quoted introductory paragraph, which prohibits driving a vehicle that does not contain equipment "in proper condition or adjustment as required in this chapter.”

State v. Perez-Garcia, 917 So. 2d 894 (Fla. 3d DCA 2005). · cites it 12× “§ 316.610, Fla. Stat. (2003)(emphasis added).”

Doctor v. State, 596 So. 2d 442 (Fla. 1992). · cites it 3× “The officers asserted this condition violated section 316.610, Florida Statutes (1987), which provides in pertinent part: 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…”

State v. Daniel, 665 So. 2d 1040 (Fla. 1995). · cites it 4× “Likewise, we rejected the State's argument that section 316.610, Florida Statutes (1987) which we read as requiring operational safety equipment permitted officers to stop a vehicle that had any defective equipment, whether intended for safety or not.”

State v. Kindle, 782 So. 2d 971 (Fla. 5th DCA 2001). · cites it 2× “Section 316.610, Florida Statutes (1999) provides that it is a violation to drive a vehicle, or for the owner to allow his vehicle to be driven, in an unsafe condition or without the required equipment.”

Frierson v. State, 851 So. 2d 293 (Fla. 4th DCA 2003). · cites it 3× “Section 316.610, Florida Statutes (2000) prohibits the driving of a vehicle that "is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter.”

Johnson v. State, 888 So. 2d 122 (Fla. 4th DCA 2004). · cites it 6× “" Johnson asserts that the officer's acknowledgment that he could see the white light emitting from the crack in the brake lamp assembly showed that the brake light was operating properly; only the reflector lens was cracked. He contends that his attorney should have challenged…”

State v. Howard, 909 So. 2d 390 (Fla. 1st DCA 2005). · cites it 5× “The attorneys discussed the applicability of section 316.610, Florida Statutes (2004), which states: 316.”

State v. Schuck, 913 So. 2d 69 (Fla. 4th DCA 2005). · cites it 5× “A stop is lawful under section 316.610 where the vehicle reasonably appears to have an equipment violation.”

State v. Taylor, 16 So. 3d 997 (Fla. 5th DCA 2009). · cites it 2× “Finally, the State asserted in its traverse that the failure of the tag to be illuminated at a distance of 40 to 50 feet justified an “inspection stop” under section 316.610, Florida Statutes (2007).”

Langello v. State, 970 So. 2d 491 (Fla. 2d DCA 2007). · cites it 4× “221(2), the stop was proper under section 316.610(1), Florida Statutes (2004).”

Show all 36 citing cases →

— 316.610(1) — 19 cases

Hilton v. State, 961 So. 2d 284 (Fla. 2007). “" § 316.610, Fla. Stat. (2001). FACTS AND PROCEDURAL HISTORY On January 25, 2002, Clearwater police officers Sena and Harrison stopped Hilton's car after noticing that it had a crack in the windshield.”

Hilton v. State, 901 So. 2d 155 (Fla. 2d DCA 2005). “It is telling that the supreme court interpreted subsection (1) in a manner consistent with the statute's above-quoted introductory paragraph, which prohibits driving a vehicle that does not contain equipment "in proper condition or adjustment as required in this chapter.”

State v. Daniel, 665 So. 2d 1040 (Fla. 1995). “Likewise, we rejected the State's argument that section 316.610, Florida Statutes (1987) which we read as requiring operational safety equipment permitted officers to stop a vehicle that had any defective equipment, whether intended for safety or not.”

State v. Schuck, 913 So. 2d 69 (Fla. 4th DCA 2005). “A stop is lawful under section 316.610 where the vehicle reasonably appears to have an equipment violation.”

State v. Perez-Garcia, 917 So. 2d 894 (Fla. 3d DCA 2005). “§ 316.610, Fla. Stat. (2003)(emphasis added).”

— 316.610(2) — 3 cases

State v. Schuck, 913 So. 2d 69 (Fla. 4th DCA 2005). “A stop is lawful under section 316.610 where the vehicle reasonably appears to have an equipment violation.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.