The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.085

316.085 Limitations on overtaking, passing, changing lanes and changing course.—

(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this chapter and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction of any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.

(2) No vehicle shall be driven from a direct course in any lane on any highway until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction.

(3) 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. 109, ch. 99-248.

F.S. 316.085 on Google Scholar

F.S. 316.085 on Casetext

Amendments to 316.085

Arrestable Offenses / Crimes under Fla. Stat. 316.085

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.085.

Civil Citations / Citable Offenses under S316.085

R or S next to points is Mandatory Revocation or Suspension

S316.085 (1) IMPROPER-CHANGE-OF-LANE, passing when meeting oncoming vehicle - Points on Drivers License: 3

S316.085 (2) IMPROPER-CHANGE-OF-LANE, pulling out in front of vehicle going in same direction - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. CARTER,, 366 F. App'x 136 (11th Cir. 2010)

. . . . § 316.085(2)). . . .

HUNTER, v. A. WARD L., 812 So. 2d 601 (Fla. Dist. Ct. App. 2002)

. . . right to the left lane he checked for approaching traffic behind him in the left lane, see section 316.085 . . .

UNITED STATES v. COOPER,, 133 F.3d 1394 (11th Cir. 1998)

. . . . § 316.085(2) (1995). . . . did not clearly err in finding that King had probable cause to believe that Cooper violated section 316.085 . . . Stat. § 316.085(2) (1995). . . . .

WOODARD, v. D. BARKLEY,, 523 So. 2d 777 (Fla. Dist. Ct. App. 1988)

. . . The primary thrust of the appellants’ argument is that section 316.085(2) is not applicable to a situation . . . Section 316.085(2) provides that: No vehicle shall be driven from a direct course in any lane on any . . .

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

. . . appellants’ requested jury instructions based on Florida traffic statutes, Sections 316.081(2) and 316.085 . . .

W. R. LINDSEY, a v. E. JOHNSON, 415 So. 2d 778 (Fla. Dist. Ct. App. 1982)

. . . state shall drive in a careful and prudent manner under the circumstances existing; (2) that Section 316.085 . . .

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, . . .

EDEN, Jr. v. FOOD FAIR STORES, INC., 330 So. 2d 540 (Fla. Dist. Ct. App. 1976)

. . . . § 316.085(2), which imposes restrictions upon a driver changing his lane of travel on a multi-lane . . .