The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.121

316.121 Vehicles approaching or entering intersections.—

(1) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

(2) When two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(3) The driver of a vehicle about to enter or cross a state-maintained road or highway from a paved or unpaved road and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on the state-maintained road or highway.

(4) The driver of a vehicle about to enter or cross a paved county-maintained or city-maintained road or highway from an unpaved road or highway and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on said paved road or highway.

(5) The foregoing rules are modified at through highways and otherwise, as hereinafter stated.

(6) 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. 117, ch. 99-248.

F.S. 316.121 on Google Scholar

F.S. 316.121 on Casetext

Amendments to 316.121

Arrestable Offenses / Crimes under Fla. Stat. 316.121

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.121.

Civil Citations / Citable Offenses under S316.121

R or S next to points is Mandatory Revocation or Suspension

S316.121 FAILED TO YIELD - approaching/entering intersection - Points on Drivers License: 3

S316.121 (1) Vehicle in intersection - all others must yield - Points on Drivers License: 3

S316.121 (2) Vehicle arriving at same time - Vehicle on LEFT YIELDS to vehicle on RIGHT - Points on Drivers License: 3

S316.121 (3) State roads have right-of-way over other roads if intersection in UNMARKED - Points on Drivers License: 3

S316.121 (4) Paved roads have right-of-way over unpaved roads - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases from cite.case.law:

CAHILL, v. CITY OF DAYTONA BEACH,, 577 So. 2d 715 (Fla. Dist. Ct. App. 1991)

. . . not yielding the right-of-way to the other car approaching from Cahill’s right pursuant to section 316.121 . . . In this case, the intersection was “controlled” by stop signs, so it is not clear that section 316.121 . . . Section 316.121, Florida Statutes (1987) provides: 316.121 Vehicles Approaching or Entering Intersections . . .

J. COPERTINO A. v. BANDOLIK a, 429 So. 2d 417 (Fla. Dist. Ct. App. 1983)

. . . primary assignment of error is the action of the trial court in instructing the jury on both Sections 316.121 . . .

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

. . . .-110, 316.1105, 316.113, 316.121, 316.122, 316.-123, 316.125, 316.126(1) or (3), 316.133, 316.-134, . . .

OGLETREE, v. SENTRY INDEMNITY COMPANY, 353 So. 2d 667 (Fla. Dist. Ct. App. 1978)

. . . The trial judge refused to give an instruction requested by Appellant on Section 316.121(1), Fla.Stat . . . We find no error in the failure to instruct on Section 316.121(1). This Court held in Allen v. . . .

ABRAVAYA, v. FLORIDA POWER LIGHT CO. No., 39 Fla. Supp. 153 (Dade Cty. Cir. Ct. 1973)

. . . . §316.121 (1971); Metropolitan Dade County, Fla., Code §30-266 (1971). . . .