316.3045  Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.--

(1)  It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so that the sound is:

(a)  Plainly audible at a distance of 25 feet or more from the motor vehicle; or

(b)  Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals.

(2)  The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.

(3)  The provisions of this section do not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices. The provisions of this subsection shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from regulating the time and manner in which such business may be operated.

(4)  The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by s. 316.271. The Department of Highway Safety and Motor Vehicles shall promulgate rules defining "plainly audible" and establish standards regarding how sound should be measured by law enforcement personnel who enforce the provisions of this section.

(5)  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 90-256; s. 220, ch. 99-248; s. 9, ch. 2005-164.

316.400  Headlamps.--

(1)  Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations of this chapter.

(2)  Every headlamp upon every motorcycle and motor-driven cycle shall be located at a height of not more than 54 inches nor less than 24 inches to be measured as set forth in s. 316.217(3).

(3)  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 221, ch. 99-248.

Note.--Former s. 316.243.

316.405  Motorcycle headlights to be turned on.--

(1)  Any person who operates a motorcycle or motor-driven cycle on the public streets or highways shall, while so engaged, have the headlight or headlights of such motorcycle or motor-driven cycle turned on. Failure to comply with this section during the hours from sunrise to sunset, unless compliance is otherwise required by law, shall not be admissible as evidence of negligence in a civil action. During the hours of operation between sunrise and sunset, the headlights may modulate either the upper beam or the lower beam from its maximum intensity to a lower intensity, in accordance with Federal Motor Vehicle Safety Standard 571.108.

(2)  Failure to comply with the provisions of this section shall not be deemed negligence per se in any civil action, but the violation of this section may be considered on the issue of negligence if the violation of this section is a proximate cause of a crash.

(3)  A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.--ss. 1, 2, ch. 71-351; s. 1, ch. 76-31; s. 222, ch. 99-248.

Note.--Former s. 316.2431.

316.410  Taillamps.--

(1)  Every motorcycle and motor-driven cycle shall have at least one taillamp which shall be located at a height of not more than 72 nor less than 20 inches.

(2)  Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any taillamp or taillamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted.

(3)  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 223, ch. 99-248.

Note.--Former s. 316.244.

316.415  Reflectors.--Every motorcycle and motor-driven cycle shall carry on the rear, either as part of the taillamp or separately, at least one red reflector. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 224, ch. 99-248.

Note.--Former s. 316.245.

316.420  Stop lamps.--Every motorcycle and motor-driven cycle shall be equipped with at least one stop lamp meeting the requirements of s. 316.234(1). A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 225, ch. 99-248.

Note.--Former s. 316.246.

316.425  Lamps on parked motorcycles.--

(1)  Every motorcycle must comply with the provisions of s. 316.229 regarding lamps on parked vehicles and the use thereof.

(2)  Motor-driven cycles need not be equipped with parking lamps or otherwise comply with the provisions of s. 316.229.

(3)  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 226, ch. 99-248.

Note.--Former s. 316.247.

316.430  Multiple-beam road-lighting equipment.--

(1)  Every motorcycle other than a motor-driven cycle shall be equipped with multiple-beam road-lighting equipment.

(2)  Such equipment shall:

(a)  Reveal persons and vehicles at a distance of at least 300 feet ahead when the uppermost distribution of light is selected;

(b)  Reveal persons and vehicles at a distance of at least 150 feet ahead when the lowermost distribution of light is selected.

On a straight, level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

(3)  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 227, ch. 99-248.

Note.--Former s. 316.248.

316.435  Lighting equipment for motor-driven cycles.--The headlamp or headlamps upon every motor-driven cycle may be of the single-beam or multiple-beam type, but in either event shall comply with the requirements and limitations as follows:

(1)  Every such headlamp or headlamps on a motor-driven cycle shall be of sufficient intensity to reveal persons and vehicles at a distance of not less than 100 feet when the motor-driven cycle is operated at any speed less than 25 miles per hour; at a distance of not less than 200 feet when the motor-driven cycle is operated at a speed of 25 or more miles per hour; and at a distance of not less than 300 feet when the motor-driven cycle is operated at a speed of 35 or more miles per hour.

(2)  In the event the motor-driven cycle is equipped with a multiple-beam headlamp or headlamps, such equipment shall comply with the requirements of s. 316.430(2).

A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; ss. 1, 29, ch. 76-31; s. 228, ch. 99-248.

Note.--Former s. 316.249.

316.440  Brake equipment required.--Every motor-driven cycle must comply with the provisions of s. 316.261, except that:

(1)  Motorcycles and motor-driven cycles need not be equipped with parking brakes.

(2)  The wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, and the front wheel of a motor-driven cycle, need not be equipped with brakes, provided that such motorcycle or motor-driven cycle is capable of complying with the performance requirements of this chapter.

A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 229, ch. 99-248.

Note.--Former s. 316.264.

316.445  Performance ability of motorcycle brakes.--

(1)  Every motorcycle and motor-driven cycle, at all times and under all conditions of loading, upon application of the service brake, shall be capable of:

(a)  Developing a braking force that is not less than 43.5 percent of its gross weight;

(b)  Decelerating to a stop from not more than 20 miles per hour at not less than 14 feet per second per second; and

(c)  Stopping from a speed of 20 miles per hour in not more than 30 feet, such distance to be measured from the point at which movement of the service brake pedal or control begins.

(2)  Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus 1 percent grade), dry, smooth, hard surface that is free from loose material.

(3)  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 230, ch. 99-248.

Note.--Former s. 316.265.

316.450  Brakes on motor-driven cycles.--

(1)  The department is authorized to require an inspection of the braking system on any motor-driven cycle and to disapprove any such braking system on a vehicle which it finds will not comply with the performance ability standard set forth in s. 316.445 or which in its opinion is equipped with a braking system that is not so designed or constructed as to ensure reasonable and reliable performance in actual use.

(2)  The department may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when it determines that the braking system thereon does not comply with the provisions of this section.

(3)  No person shall operate on any highway any vehicle referred to in this section in the event the department has disapproved the braking system upon such vehicle.

(4)  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; ss. 1, 30, ch. 76-31; s. 231, ch. 99-248.

Note.--Former s. 316.266.

316.455  Other equipment.--Every motorcycle and every motor-driven cycle when operated upon a highway shall comply with the requirements and limitations of:

(1)  Section 316.271(1) and (2) on the requirement for horns and warning devices.

(2)  Section 316.271(3) on the requirement for the use of horns.

(3)  Section 316.271(4) on the requirement for sirens, whistles, and bells.

(4)  Section 316.271(5) on the requirement for theft alarms.

(5)  Section 316.271(6) on the requirement for emergency vehicles.

(6)  Section 316.272 on the requirement for mufflers and prevention of noise.

(7)  Section 316.294 on the requirement for mirrors.

A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; ss. 1, 31, ch. 76-31; s. 5, ch. 86-36; s. 24, ch. 91-221; s. 232, ch. 99-248.

Note.--Former s. 316.277.

316.46  Equipment regulations for mopeds.--No person may operate a moped that does not conform to all applicable federal motor vehicle safety standards relating to lights and safety and other equipment contained in Title 49, Code of Federal Regulations. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 10, ch. 87-161; s. 233, ch. 99-248.

316.500  Exceeding weight and length; penalties.--It is a violation of this chapter for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in this chapter or otherwise in violation of this chapter, and the maximum size and weight of vehicles herein specified shall be lawful throughout this state. Local authorities shall have no power or authority to alter said limitations except as express authority may be granted in this chapter.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31.

Note.--Former s. 316.206.

316.510  Projecting loads on passenger vehicles.--No passenger type vehicle shall be operated on any highway with any load carried thereon extending beyond the fenders on the left side of the vehicle or extending more than 6 inches beyond the line of the fenders on the right side thereof. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 234, ch. 99-248.

Note.--Former s. 316.197.