Module 12 - FLORIDA TRAFFIC LAWS

Speed Limits

It is vitally important to be aware of legal and safe speeds at all times. The various speed laws enacted by the State of Florida are meant to make the streets safer for all of us. In addition, you are best able to maintain control of your vehicle if you regulate the speed at which you travel. The consequences of speeding have been discussed, but only in regards to how it affects a crash. There are legal consequences for exceeding speed limits. What follows are Florida laws that regulate the speed of traffic.

In general, you should not drive at a speed that is more than what is appropriate given the conditions that are present on the road. Do not drive so fast that you are unable to avoid colliding with anyone or any object on the road.

Maximum Allowable Speed Limits:
Business 30 mph
Residence 30 mph
Rural interstate highways 70 mph (some have lower speed limits; observe posted limits)
Limited access highways 70 mph
All other roads 55 mph
School zones 20 mph

The speed limit in some business and residence districts may be 20 or 25 mph. The law allows cities or counties to lower the maximum speed limit if they determine it is reasonable. This means that you must observe posted speed limits, which may be lower than what is listed above.

In order for the posted maximum on interstate and limited access highways to be effective, minimum speeds are needed to ensure the safe flow of traffic. The reason is that when driving too slowly, you may be obstructing the flow of traffic, which is not safe since other drivers may make unsafe maneuvers to try and get around you.

The minimum speed allowed on interstate and limited access highways is 40 mph except where the posted speed limit is 70 mph, for which the minimum is 50 mph. This means you will be cited for either exceeding the posted maximum or for going slower than the minimum. However, you will not be issued a ticket for traveling below the minimum in adverse conditions, such as when it rains.

You must slow down when approaching any of the following areas:

If there are other hazards due to pedestrians, other traffic, or road or weather conditions, you must also slow down.1

Penalties for Speeding

Speeding endangers everyone who uses the road. Violating the speed laws carries fines and other penalties, which vary depending on how far you exceed the speed limit. The chart below shows the fines for exceeding the limit by a certain amount.

    Speed above the limit: Penalty:
        1 to 5 mph Warning
     6 to 9 mph $25
     10 to 14 mph $100
     15 to 19 mph $125
     20 to 29 mph $150
     30 mph and up $250

These apply in all areas except for the following:

Construction Zones - All fines are doubled for speeding in posted construction or maintenance areas where workers are present.

Toll Collection Zones - Fines are also doubled if you exceed the posted speed limit in these areas, if they are marked with signs or devices that warn you of the enhanced penalties.

School Zones - You will be fined $50 for exceeding the posted speed limit by 1 to 9 mph in a school zone that is marked by signs or signals. There is no cushion that allows for you to escape with just a warning. Otherwise, the fines are doubled.2

Penalties for Passing a School Bus - If you fail to stop for a school bus that has its stop signal arm extended, you will face a minimum fine of $100. A second or subsequent violation within 5 years will result in the suspension of your driver license for a period of 90 days to 6 months, on top of the fine. The penalty will be a minimum of $200 if you pass to the right, or the side where children enter and exit the school bus. The length of the license suspension will be 180 days to 1 year for a second or subsequent violation. Exercise caution and patience around a stopped school bus.3

Penalties for Racing - In some cases, speeding results from illegal races held on city streets or highways. Street racing, due to its dangerous nature, is a crime and will result in severe penalties. A violation will lead to a fine of $500 to $1,000 and/or up to a year in jail, in addition to license revocation of one year. Your vehicle will also be impounded or immobilized, and you will have to pay all associated costs. A second violation will result in a fine of $500 to $1,000 and/or a year in jail, and your license will be revoked for two years. You will have to forfeit your vehicle.4

Emergency Vehicles

Firefighters, paramedics, police officers and other emergency personnel provide important services to Florida residents. They put out fires, transport people to hospitals, apprehend criminals, and do so many other things to make life safer and more convenient. Thus it is important to respect their presence - one day it may be your life they are saving.

You must yield the right-of-way to all emergency vehicles, including police cars, ambulances, fire trucks, and any other emergency vehicles using a siren and blue or red lights. When an emergency vehicle approaches from either side, you are required to pull over to the nearest edge of the road as soon as possible and stop, making sure to keep intersections clear. All surrounding traffic on both sides of the roadway, not just the side the emergency vehicle travels on, must pull over to the right and stop. Once you have stopped, wait until the emergency vehicle has passed or when directed by a police officer.

If you are in an intersection, continue until you are clear and then pull over. If you are unable to pull over, you must stop where you are and let the vehicle go around you. Emergency vehicles sometimes have horns or speakers which are used to notify drivers of their approach. They will sometimes travel on the wrong side of the road, so pulling over to the right side of the road will clear the way for these vehicles as well as keep you out of harm's way.5

Move Over for Stopped Emergency Vehicles

Emergency personnel often risk their lives to help others. Between 1996 and 2000, Florida drivers crashed into law enforcement and other emergency vehicles that stopped on the side of the road with their warning lights flashing 1,793 times, resulting in 5 deaths and 419 injuries. To combat this, the Florida Legislature passed the "Move Over Act" in 2002.6

This law states that if you come upon an emergency vehicle (including wreckers) that has stopped and has its emergency lights flashing, you must do one of two things, depending on the type of highway you are on, unless directed otherwise by a law enforcement officer:

In one roadside emergency drill, police officers in the city of Miramar stopped 150 drivers for failing to move over during a three-hour period. This revealed the need for further educational campaigns, but drivers really should know better, especially since the lights are left on. Always be alert when driving.6

When a vehicle stalls on the highway, emergency personnel sometimes come to assist. Even if you pull off the road, both you and the person who stopped to assist you may still be in danger due to your proximity to traffic. Watch the following video to learn how to do the right thing in a stalled vehicle situation.

Video - "Stalled Smashup"
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Make your vehicle as visible as possible to other drivers. Be sure to get out and stay as far as possible from traffic if you stopped in a dangerous location. Your life is more important than your vehicle.

Required Vehicle Safety Equipment

Module 7 discussed the importance of vehicle maintenance. Although vehicles that are sold by dealers are required to have all the required safety equipment, it is still your duty to have your vehicle inspected and maintained on a regular basis so that it is safe and functioning properly. It is illegal to drive when your vehicle is in such a bad condition that it presents a risk to others.7 Many drivers fail to maintain their vehicles, and in 2006 in Florida alone, that negligence resulted in 38 crashes that killed someone and 721 that led to injuries.8

A police officer may stop you and conduct an inspection when he or she has reason to believe that your vehicle is not safe or does not have the required equipment. If there are problems, you may be ordered to have it fixed within 48 hours (not counting Sundays). However, if your vehicle is so unsafe that it should not be driven, the officer may direct you to have it fixed immediately or take it off the road.7

In addition to safety belts, head restraints, and other passenger restraints covered in Module 7, the following are the required safety equipment and what you need to do to ensure they are maintained and functioning properly.

Brakes - The brakes are one of the most important safety features in a vehicle. Think of how often you use your brakes. Driving is just not safe without them. Brakes work best when your tires are properly inflated and have sufficient tread.

Any vehicle that you drive on the roads of Florida must have both service and parking brakes. Your service brakes are dual hydraulic and are the ones that are used when you press the brake pedal. The parking brake is manually or mechanically applied, either by pressing a second brake pedal to the left or by lifting a hand brake between the driver and front passenger seats. They must be able to stop all four wheels and control the movement of the vehicle, stop it, and hold it under all loading conditions on any grade

For most passenger cars, the brakes must be able to stop the vehicle within 25 feet from a speed of 20 mph. They must be in good working order to stop within that distance, and because brakes are essential to safety, proper maintenance is mandated by law.9

Tires - Your tires cushion the ride and allow you to control your car, steer around an obstacle, and stop. They provide traction, which allows your vehicle to stick to the road and move. However, your tires must be in good working condition to function properly.

They must have a minimum tread depth of 1/16 of an inch in any two adjacent grooves at any location on a pneumatic tire. Treads in the tires provide traction and push out water on the road; when the tread depth is too low, your tires will not be as effective. A simple test you can perform to check for proper tread depth is with a penny. Put the edge of the coin into the tread, with Lincoln going in head first. If the top of his head is entirely visible, replace the tire as soon as possible.10, 11

Windshield - The windshield is designed to protect you from the environment, allowing for greater visibility. It also provides your vehicle with structural strength, keeps you and your passengers inside during a crash, and supports side airbags when they inflate. Your windshield must be properly mounted and secured if it is to keep you inside. But you must also do your part to keep it clean and clear.

All motor vehicles that use public roads, except for motorcycles and farm vehicles, are required to be equipped with a windshield made from safety glass. You need the windshield to be unobstructed, obviously so that you can see, but you may have a small part covered while driving if you need to display a certificate or other documents as required by law, transparent sunscreening material on the top portion, or a government-issued device which is used for electronic toll payments.

Windshield wipers should come standard with all windshields and must be self-operated and automatic. As they can wear out, replace them right away if they start to make visibility worse for you by leaving streaks or clear only part of your windshield. They must be in good working order under all conditions.12, 13

Windows - Your vehicle's windows (side and rear) also must be kept clean and clear. They may be composed of, covered by, or treated with sunscreening material only if it does not reflect more than 35% of light and does not have a highly reflective or mirrored appearance. If you cover the back window with nontransparent material, your vehicle must be equipped with two side mirrors.14

Mirrors - All motor vehicles operated in Florida are required to have a rear view mirror that is located where it can reflect a view of the road to the rear for a distance of at least 200 feet. Most cars on the road have three mirrors to provide additional visibility: one affixed to the left side of the vehicle, another set on the right side, and the third mounted inside, often attached to the windshield. These should be adjusted to give you the maximum possible view of the rear.15

Exhaust System - Motor vehicles have exhaust systems that reduce noise and limit the amount of emissions that are released from the engine into the air. Your vehicle's exhaust system must be in good working order and must operate constantly while the vehicle is being driven. A faulty exhaust system, or one that has been tampered with, pollutes the air with increased amounts of exhaust fumes, lowers gas mileage, reduces the efficiency of your vehicle, and increases maintenance costs. If you neglect to take care of the problem, you will be fined $30. However, if you tamper with the exhaust system, the fine can increase to as much as $1,000, and you may also face up to a year in jail.16, 17

Horns - You may use your horn only to warn other drivers when it is necessary for safety, such as when someone does not see you and is about to hit your vehicle. The horn should be loud enough to be heard from a minimum distance of 200 feet, but not so loud as to be disruptive. Only authorized emergency vehicles may use horns that are louder.18

Bumpers - All passenger vehicles are required to be equipped with bumpers mounted on the front and rear. They are designed to prevent or reduce damage to the body of the vehicles in low-speed crashes. This is important because when bumpers absorb the energy from the crash, they also protect the vehicle's safety equipment, which in turn protects you. Bumper height requirements depend on the vehicle weight at time of shipping. The maximum height for front bumpers, depending on weight, is from 22 to 27 inches, and for back bumpers, 22 to 29 inches.19, 20

Vehicle Lighting - Your lights help you to see where you are going, as well as allow others to see your vehicle. They also communicate your intentions to other drivers. Therefore it is very important to have them clean and working properly at all times; it is also required by law.21 They are less effective if dirty or not functioning correctly. Lights that are inoperable or obscured may compromise your safety and that of others on the road. The following lights must be in your vehicle:

Headlamps - Your vehicle's headlights are the most important of all the lights because you need them when driving in darkness or adverse weather conditions. There must be two of them that are mounted at the proper height (between 24 and 54 inches from the ground). You need to be able to see objects ahead on the road at a distance of at least 450 feet with high beams, and at least 150 feet with low beams. Ensure that your lights are aimed correctly so that they do not blind other drivers when on a straight level road.22

Taillamps - When you turn on your headlights at night, your taillights are also activated. This is helpful as they increase your vehicle's visibility. Every vehicle is required to have two of these in the rear, except for those manufactured before January 1, 1972. The taillights must emit a red light that can be seen from a distance of at least 1,000 feet. When your headlights and taillights are turned on, a white light that illuminates the rear license plate should also activate. This light needs to be strong enough to make your license plate visible from 50 feet to the rear.23

Stop Lamps - Pressing down on your brake pedal activates your vehicle's brake lights to warn other drivers behind you of your intent to slow down or stop. Vehicles must be equipped with two of these lights, and they must be red or amber and visible from a distance of at least 300 feet during both day and night hours.

Turn Signals - Your turn signals let other drivers know that you plan to turn or make a lane change. They need to be visible during day and night hours from a distance of at least 300 feet. The lights in front must be either white or amber, while those in the rear must be either red or amber. If they stop working, you will need to use hand signals until you have these lights fixed.24

Don't wait for a police officer to pull you over for equipment problems before you have your vehicle checked or maintained. Take it in for scheduled maintenance or when something seems to be wrong. This will ensure that your vehicle will have a long life, and that you can be safe using it.


1 Florida Statutes 316.183, 316.1895
2 Florida Statute 318.18(3)
3 Florida Statute 318.18(5)
4 Florida Statute 316.191
5 Florida Statute 316.126
6 "Move Over for Roadside Safety," Lakeland Ledger, March 14, 2006, available at: www.fhp.state.fl.us/misc/News/Related/2006/FHPnews032006r1.htm
7 Florida Statute 316.610
8 Florida DHSMV Traffic Crash Facts 2006, Contributing Causes of Drivers in Crashes, page 32
9 Florida Statutes 316.261, 316.262, 316.263
10 Tire Safety Tips, Cooper Tires, available at: www.coopertire.com/html/products/tires101_tiresafety.aspx
11 Tire Care and Safety Guide, Rubber Manufacturers Association, available at: www.rma.org/tire_safety/tire_maintenance_and_safety/tire_safety_brochure/tire_care_and_safety.cfm
12 Windshield Safety, JN Phillips Auto Glass, available at: www.jnphillips.com/windshield_safety.asp
13 Florida Statute 316.2952
14 Florida Statutes 316.2953, 316.2954
15 Florida Statute 316.294
16 Florida Statutes 316.272, 316.2935
17 Florida Statute 318.18(2)
18 Florida Statute 316.271
19 Florida Statute 316.251
20 Bumper Questions and Answers, National Highway Traffic Safety Administration, available at: www.nhtsa.dot.gov/cars/problems/studies/Bumper/Index.html
21 Florida Statute 316.217
22 Florida Statutes 316.220, 316.237
23 Florida Statute 316.221
24 Florida Statutes 316.222, 316.234