Florida Statute 316.610 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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: Fla. Dist. Ct. App. | Date Filed: 2019-09-12T00:53:00-07:00

Snippet: statutory interpretation as to whether section 316.610 of the Florida Statutes permits a [traffic] stop…independent statutes. First, it considered section 316.610, Florida Statutes, which addresses the safety of…court turned to “the introductory paragraph of 316.610” and focused on that portion providing “that it…law enforcement officers pursuant to section 316.610(1), would ignore the language in the introductory…In short, the introductory language in section 316.610 was necessary to generally define the violation

Classy Cycles, Inc. v. Bay County

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-08-23T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-03-06T00:00:00-08:00

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…rendered the vehicle unsafe, pursuant to section 316.610. We disagree with the State. First, the State’s

State v. Taylor

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-28T00:00:00-07:00

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

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

Davison v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-19T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2008-09-19T00:53:00-07:00

Citation: 991 So. 2d 404

Snippet: one year and a day in prison. Analysis Section 316.610, Florida Statutes (2002), provides: It is a violation…appropriate. In Hilton I, we reasoned that section 316.610(1), Florida Statutes (2001), permitted a stop for…in proper adjustment or repair" section of 316.610(1), the equipment defect or damage must be in violation…at 290. The supreme court observed that section 316.610's introductory paragraph provides that the …the statute, and thus allow a stop under section 316.610(1), are those that render the vehicle unsafe or

State v. Howard

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-02T00:53:00-07:00

Citation: 983 So. 2d 671

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 2008-05-29T00:53:00-07:00

Snippet: of ss. 316.2935 and 316.610. However, for a violation of s. 316.2935 or s. 316.610, if the person committing…collected for a violation of sections 316.2935 or 316.610, Florida Statutes, if the person cited complies…imposed for violations of sections 316.2935 and 316.610, Florida Statutes, upon compliance with the terms…collected for a violation of sections 316.2935 or 316.610, Florida Statutes, when the person cited complies…4), Fla. Stat. 6 Ibid. 7 Sections 316.2935 and 316.610, Fla. Stat., deal with air pollution control equipment

Perez-Garcia v. State

Court: Fla. | Date Filed: 2008-05-29T00:53:00-07:00

Citation: 983 So. 2d 578

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

Swagerty v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-18T00:53:00-07:00

Citation: 982 So. 2d 19

Snippet: ). As we noted in Doctor, interpreting section 316.610 to authorize traffic stops for just any type of…certain equipment is required by statute, section 316.610 would permit stops where the equipment is in compliance…Under the State's interpretation of section 316.610, if a truck is equipped with fenders, but those…placing such a broad interpretation on section 316.610 would produce results "clearly beyond the …) ], we conclude that the provision of section 316.610 which authorizes vehicle stops for equipment that

Langello v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-18T23:53:00-08:00

Citation: 970 So. 2d 491

Snippet: was proper under section 316.610(1), Florida Statutes (2004). Section 316.610(1) gives a police officer…Accordingly, the stop was not authorized under section 316.610(1). See Hilton v. State, 961 So.2d 284, 290 (Fla

Zarba v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-15T23:53:00-08:00

Citation: 993 So. 2d 1000

Snippet: quot;the traffic stop was lawful under section 316.610. The latter statutewhich addresses vehicle safety…with reference thereto as may be appropriate. § 316.610 (emphasis added). The prosecutor argued that Burger…Burger did not address whether section 316.610 applied to a vehicle that had two operating stop lamps …rear brake light under the authority of section 316.610(1) even though the vehicle had a functioning right… Instead, the circuit court identified section 316.610(1) as the basis for its finding that the stop of

Dey v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-08T23:53:00-08:00

Citation: 967 So. 2d 1070

Snippet: Hilton II, concluding that the provision of section 316.610 which authorizes vehicle stops for equipment that…is `not in proper adjustment or repair,' § 316.610(1), Fla. Stat. (2001), does not encompass windshield… as to endanger any person or property.' § 316.610, Fla. Stat. (2001). 961 So.2d at 292. Because the

Hilton v. State

Court: Fla. | Date Filed: 2007-07-05T00:53:00-07:00

Citation: 961 So. 2d 284

Snippet: proper under section 316.610, the Second District noted that under section 316.610(1), officers have the…pursuant to section 316.610(1), we have previously held that "[s]ection 316.610 . . . must be read…CONDUCT A SAFETY INSPECTION STOP UNDER SECTION 316.610 AFTER THE OFFICER HAS OBSERVED A CRACKED WINDSHIELD…below that a cracked windshield violates section 316.610 only if it renders the vehicle in "such unsafe…as to endanger any person or property." § 316.610, Fla. Stat. (2001). FACTS AND PROCEDURAL HISTORY

State v. Lee

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-11T00:53:00-07:00

Citation: 957 So. 2d 76

Snippet: justify an "inspection stop" under sec. 316.610,[2]but such an inspection was not performed, as…in chapter 318. [2] In relevant part, section 316.610, Florida Statutes (2005), provides: It is a violation

State v. Perez-Garcia

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-12T00:53:00-07:00

Citation: 917 So. 2d 894

Snippet: centered on a correct understanding of section 316.610 of the Florida Statutes. The statute in effect …immediately repaired or removed from use.... § 316.610, Fla. Stat. (2003)(emphasis added). As the Second…Second District recently noted, section 316.610(1) of this statute expressly gives a police officer the …reference to the unnumbered paragraph of section 316.610 which, "unlike subsection (1) ... actually…perform any act required under this chapter.... § 316.610, Fla. Stat. See also Hilton, 901 So.2d at 162 (

State v. Schuck

Court: Fla. Dist. Ct. App. | Date Filed: 2005-09-28T00:53:00-07:00

Citation: 913 So. 2d 69

Snippet: authorized to stop Schuck pursuant to section 316.610(1), Florida Statutes, which states: Any police …thereto as may be appropriate. Additionally, section 316.610(2) addresses stops for equipment violations that…and could be stopped for inspection pursuant to 316.610(1), (2). "All that is required for a valid…788 So.2d 308, 309 (Fla. 5th DCA 2001). Section 316.610(1) expressly gives a police officer the authority…condition."). A stop is lawful under section 316.610 where the vehicle reasonably appears to have an

State v. Howard

Court: Fla. Dist. Ct. App. | Date Filed: 2005-08-05T00:53:00-07:00

Citation: 909 So. 2d 390

Snippet: applicability of section 316.610, Florida Statutes (2004), which states: 316.610 Safety of vehicle; inspection…not in proper repair," contrary to section 316.610(1), thereby justifying the traffic stop. Defense…Court in Hilton I reasoned that because section 316.610 expressly makes it a traffic violation to drive… the `unsafe condition' portion of section 316.610." See id. Absent any evidence that the crack…-57. Hilton II construed sections 316.2952 and 316.610(1) as establishing that the officers had lawfully

State v. Burke

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-08T00:53:00-07:00

Citation: 902 So. 2d 955

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