The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.126

316.126 Operation of vehicles and actions of pedestrians; approach of authorized emergency, sanitation, or utility service vehicle, wrecker, or road and bridge maintenance or construction vehicle; presence of disabled motor vehicle.—

(1)(a) Upon the immediate approach of an authorized emergency vehicle, while en route to meet an existing emergency, the driver of every other vehicle shall, when such emergency vehicle is giving audible signals by siren, exhaust whistle, or other adequate device, or visible signals by the use of displayed blue or red lights, yield the right-of-way to the emergency vehicle and shall immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the curb of the roadway, clear of any intersection and shall stop and remain in position until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.

(b) If an authorized emergency vehicle displaying any visual signals is parked on the roadside, a sanitation vehicle is performing a task related to the provision of sanitation services on the roadside, a utility service vehicle is performing a task related to the provision of utility services on the roadside, a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, a road and bridge maintenance or construction vehicle displaying warning lights is on the roadside without advance signs and channelizing devices, or a disabled motor vehicle is stopped and is displaying warning lights or hazard lights; is stopped and is using emergency flares or posting emergency signage; or is stopped and one or more persons are visibly present, the driver of every other vehicle, as soon as it is safe:

1. Shall vacate the lane closest to the emergency vehicle, sanitation vehicle, utility service vehicle, wrecker, road and bridge maintenance or construction vehicle, or disabled motor vehicle when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle, sanitation vehicle, utility service vehicle, wrecker, road and bridge maintenance or construction vehicle, or disabled motor vehicle except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph 2.

2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.

(c) The Department of Highway Safety and Motor Vehicles shall provide an educational awareness campaign informing the motoring public about the Move Over Act. The department shall provide information about the Move Over Act in all newly printed driver license educational materials.

(2) Every pedestrian using the road right-of-way shall yield the right-of-way until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.

(3) An authorized emergency vehicle, when en route to meet an existing emergency, shall warn all other vehicular traffic along the emergency route by an audible signal, siren, exhaust whistle, or other adequate device or by a visible signal by the use of displayed blue or red lights. While en route to such emergency, the emergency vehicle shall otherwise proceed in a manner consistent with the laws regulating vehicular traffic upon the highways of this state.

(4) This section does not diminish or enlarge any rules of evidence or liability in any case involving the operation of an emergency vehicle.

(5) This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(6) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1) or subsection (3), or as a pedestrian violation for infractions of subsection (2).

History.—s. 1, ch. 71-135; s. 1, ch. 84-204; s. 122, ch. 99-248; s. 2, ch. 2002-217; s. 2, ch. 2004-20; s. 3, ch. 2009-183; s. 7, ch. 2014-216; s. 7, ch. 2021-186; s. 1, ch. 2023-197.

F.S. 316.126 on Google Scholar

F.S. 316.126 on Casetext

Amendments to 316.126

Arrestable Offenses / Crimes under Fla. Stat. 316.126

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.126.

Civil Citations / Citable Offenses under S316.126

R or S next to points is Mandatory Revocation or Suspension

S316.126 (1) FAILED TO YIELD/STOP TO EMERGENCY VEHICLE - Points on Drivers License: 3

S316.126 (1)(a) Failed to yield to emergency vehicle - Points on Drivers License: 3

S316.126 (1)(b) Failure to move over/slow down for emergency vehicle/wrecker - Points on Drivers License: 3

S316.126 (1)(b)1 Failure to move over for emergency vehicle/wrecker - Points on Drivers License: 3

S316.126 (1)(b)2 Failure to slow down for emergency vehicle/wrecker - Points on Drivers License: 3

S316.126 (2) Pedestrian failed to yield to emergency vehicle - Points on Drivers License: 0

S316.126 (3) Failure of an emergency vehicle to use warning device - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases from cite.case.law:

G. M. a v. STATE, 981 So. 2d 529 (Fla. Dist. Ct. App. 2008)

. . . See § 316.126, Fla. Stat. (1999) ... 780 So.2d at 196 (citation omitted). . . . Stat. (1997), allows only police vehicles to have blue flashing lights and section 316.126, Fla. . . .

YOUNG, v. STATE, 803 So. 2d 880 (Fla. Dist. Ct. App. 2002)

. . . See § 316.126, Fla. Stat. (1999); State v. McCune, 772 So.2d 596 (Fla. 5th DCA 2000). . . .

GORDON v. COLBERT,, 789 So. 2d 471 (Fla. Dist. Ct. App. 2001)

. . . conference, it was decided that the court would read the requested jury instructions regarding sections 316.126 . . . The instruction relating to section 316.126 was the following: Emergency vehicle. . . . Further, he contends that the instruction was contradictory to the instructions relating to sections 316.126 . . .

HREZO, v. STATE, 780 So. 2d 194 (Fla. Dist. Ct. App. 2001)

. . . See § 316.126, Fla. Stat. (1999); State v. McCune, 772 So.2d 596 (Fla. 5th DCA 2000). . . .

J. BRYANT, v. BEARY,, 766 So. 2d 1157 (Fla. Dist. Ct. App. 2000)

. . . Similarly, section 316.126, Florida Statutes (1997), which governs the duty of other vehicles and pedestrians . . .

M. BROOKS, v. STATE E. v., 745 So. 2d 1113 (Fla. Dist. Ct. App. 1999)

. . . 316.2397, Florida Statutes (1997), allows only police vehicles to have blue flashing lights, and section 316.126 . . .

HOMBURG, v. L. KNIPMEYER, 388 So. 2d 602 (Fla. Dist. Ct. App. 1980)

. . . Further, Section 316.126(1), Florida Statutes (1979), requires drivers to yield to emergency vehi- cles . . .

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

. . . .-123, 316.125, 316.126(1) or (3), 316.133, 316.-134, 316.138, 316.139, 316.151, 316.152, 316.-153, 316.154 . . .