The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.081

316.081 Driving on right side of roadway; exceptions.—

(1) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(b) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;

(d) Upon a roadway designated and signposted for one-way traffic.

(2) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

(3) On a road, street, or highway having two or more lanes allowing movement in the same direction, a driver may not continue to operate a motor vehicle in the furthermost left-hand lane if the driver knows or reasonably should know that he or she is being overtaken in that lane from the rear by a motor vehicle traveling at a higher rate of speed. This subsection does not apply to drivers operating a vehicle that is overtaking another vehicle proceeding in the same direction, or is preparing for a left turn at an intersection.

(4) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the centerline of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under paragraph (1)(b). However, this subsection shall not be construed as prohibiting the crossing of the centerline in making a left turn into or from an alley, private road, or driveway.

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

History.—s. 1, ch. 71-135; s. 104, ch. 99-248; s. 11, ch. 2013-160; s. 5, ch. 2014-216.

F.S. 316.081 on Google Scholar

F.S. 316.081 on Casetext

Amendments to 316.081

Arrestable Offenses / Crimes under Fla. Stat. 316.081

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.081.

Civil Citations / Citable Offenses under S316.081

R or S next to points is Mandatory Revocation or Suspension

S316.081 WRONG SIDE OF ROADWAY - Driving on - Points on Drivers License: 0

S316.081 (1) Driving on wrong lane or side - failed to drive upon right half of roadway - Points on Drivers License: 3

S316.081 (2) Fail to drive to tight when driving less than normal speed of traffic - Points on Drivers License: 3

S316.081 (3) Driving left of center line on roadway having four or more lanes - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. GIBBS,, 917 F.3d 1289 (11th Cir. 2019)

. . . . § 316.081(1), one that posed a palpable safety risk facing head-on into the oncoming traffic. . . . Stat. § 316.081 and other traffic statutes -- was in no way vitiated or undermined because Detectives . . . Stat. § 316.081(1). Jones's conduct violated other traffic statutes, including Fla. . . .

STATE v. BOSTON,, 267 So. 3d 463 (Fla. App. Ct. 2019)

. . . Boston's violation of section 316.081, which prohibits the operation of a motor vehicle on the wrong . . . Boston violated section 316.081(1), which requires that "[u]pon all roadways of sufficient width, a vehicle . . . "a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318." § 316.081 . . . He thus violated section 316.081 and provided Deputy Schultheis with an objectively valid reason to stop . . . This was a violation of section 316.081 of the Florida Statutes which requires only that 'a vehicle shall . . .

UNITED STATES v. TINKER,, 618 F. App'x 635 (11th Cir. 2015)

. . . . § 316.081(1), (5) (requiring vehicles to drive on the right side of the roadway). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. JONES,, 935 So. 2d 532 (Fla. Dist. Ct. App. 2006)

. . . This was a violation of section 316.081 of the Florida Statutes which requires only that “a vehicle shall . . .

STATE v. RODRIGUEZ,, 904 So. 2d 594 (Fla. Dist. Ct. App. 2005)

. . . driveway within a business or residential district to stop prior to entering a roadway, and section 316.081 . . . Counsel also discussed section 316.081, which provides that a vehicle should be driven on the right side . . .

STIVERS, v. FORD MOTOR CREDIT COMPANY,, 777 So. 2d 1023 (Fla. Dist. Ct. App. 2000)

. . . Stat. (2000) ("fire hazard”); §§ 316.081(l)(b), 316.087(l)(a) & (b), 316.122, 316.123, 316.125(1), 316.185 . . .

E. RILEY v. WILLIS,, 585 So. 2d 1024 (Fla. Dist. Ct. App. 1991)

. . . The instruction contained section 316.081(1)(b), Florida Statutes (1987), which provides in relevant . . .

HATFIELD v. STATE OF FLORIDA, 16 Fla. Supp. 2d 131 (Fla. Cir. Ct. 1986)

. . . This is an appeal from a conviction for violation of Sec. 316.081(1), Fla. . . . There is a lack of evidence from which the trial court could find Appellant violated Sec. 316.081(1), . . .

RYDER TRUCK RENTAL, INC. v. JOHNSON, 466 So. 2d 1240 (Fla. Dist. Ct. App. 1985)

. . . refusal to give the appellants’ requested jury instructions based on Florida traffic statutes, Sections 316.081 . . .

STATE v. LEE, STATE v. G. JULIO,, 356 So. 2d 276 (Fla. 1978)

. . . .-054, 316.055, 316.056, 316.0565, 316.057(9), 316.061, 316.081, 316.082, 316.083, 316.084, 316.085, . . .

STATE v. NEILSON, 41 Fla. Supp. 118 (Orange Cty. Cir. Ct. 1974)

. . . Stat. 316.081 (1974), concludes that there is no Florida Traffic Court Rule or Florida Statute which . . .

STATE J. MILLER, v. A. PATTERSON,, 284 So. 2d 9 (Fla. Dist. Ct. App. 1973)

. . . Thereafter, such citation was filed in the County Court of Pinellas County, there to serve, pursuant to § 316.081 . . .