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Florida Statute 316.194 | Lawyer Caselaw & Research
F.S. 316.194 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.194

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.194
316.194 Stopping, standing or parking outside of municipalities.
(1) Upon any highway outside of a municipality, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leave the vehicle off such part of the highway; but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the highway.
(2) This section shall not apply to the driver or owner of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position, or to passenger-carrying buses temporarily parked while loading or discharging passengers, where highway conditions render such parking off the paved portion of the highway hazardous or impractical.
(3)(a) Whenever any police officer or traffic accident investigation officer finds a vehicle standing upon a highway in violation of any of the foregoing provisions of this section, the officer is authorized to move the vehicle, or require the driver or other persons in charge of the vehicle to move the vehicle, to a position off the paved or main-traveled part of the highway.
(b) Officers and traffic accident investigation officers may provide for the removal of any abandoned vehicle to the nearest garage or other place of safety, cost of such removal to be a lien against motor vehicle, when an abandoned vehicle is found unattended upon a bridge or causeway or in any tunnel, or on any public highway in the following instances:
1. Where such vehicle constitutes an obstruction of traffic;
2. Where such vehicle has been parked or stored on the public right-of-way for a period exceeding 48 hours, in other than designated parking areas, and is within 30 feet of the pavement edge; and
3. Where an operative vehicle has been parked or stored on the public right-of-way for a period exceeding 10 days, in other than designated parking areas, and is more than 30 feet from the pavement edge. However, the agency removing such vehicle shall be required to report same to the Department of Highway Safety and Motor Vehicles within 24 hours of such removal.
(c) Any vehicle moved under the provisions of this chapter which is a stolen vehicle shall not be subject to the provisions hereof unless the moving authority has reported to the Florida Highway Patrol the taking into possession of the vehicle within 24 hours of the moving of the vehicle.
(4) 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. 1, ch. 71-352; s. 1, ch. 76-31; s. 142, ch. 99-248; s. 35, ch. 2005-164.
Note.Former s. 316.124.

F.S. 316.194 on Google Scholar

F.S. 316.194 on Casetext

Amendments to 316.194


Arrestable Offenses / Crimes under Fla. Stat. 316.194
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.194.


Civil Citations / Citable Offenses under S316.194
R or S next to points is Mandatory Revocation or Suspension

S316.194 Stopping/Standing/Parking on highway outside of municipalities - Points on Drivers License: 3
S316.194 (1) Stopping/Standing/Parking on highway outside of municipalities - Points on Drivers License: 3


Annotations, Discussions, Cases:

Cases from cite.case.law:

POLLOCK, v. FLORIDA DEPARTMENT OF HIGHWAY PATROL, v., 882 So. 2d 928 (Fla. 2004)

. . . See § 316.194(3)(a), Fla. Stat. (1993). . . . Section 316.194, Florida Statutes (1993), provides, in pertinent part: 316.194. . . . patrol the state highways, regulating, controlling, and directing the flow of traffic, and section 316.194 . . .

C. DUNN, S. v. USAA CASUALTY INSURANCE COMPANY,, 781 So. 2d 1153 (Fla. Dist. Ct. App. 2001)

. . . appellant that the trial court incorrectly charged the jury in this case that a violation of section 316.194 . . .

ALL- TIME TOWING, INC. d b a JD s d b a J. d b a v. A. McCUTCHEON,, 701 So. 2d 384 (Fla. Dist. Ct. App. 1997)

. . . See §§ 316.640(2), 316.194, Fla. Stat. (1995). . . .

HUTT, v. NICHOLS,, 652 So. 2d 427 (Fla. Dist. Ct. App. 1995)

. . . Smith, 411 So.2d 273 (Fla. 1st DCA 1982) and section 316.194, Florida Statutes. . . .

HOOVER s v. POLK COUNTY SHERIFF S DEPARTMENT, 611 So. 2d 1331 (Fla. Dist. Ct. App. 1993)

. . . failed to remove it from its dangerous position “as required by its own policies and by §§ 705.103 and 316.194 . . . length of time for the county to act and that they failed to remove it “as required by §§ 705.103 and 316.194 . . .

LIRIANO, v. GONZALEZ,, 605 So. 2d 575 (Fla. Dist. Ct. App. 1992)

. . . Section 316.194(1), Florida Statutes (1991) provides in pertinent part: (1) Upon any highway outside . . .

HUTCHINSON v. STATE OF FLORIDA, 41 Fla. Supp. 2d 32 (Fla. Cir. Ct. 1990)

. . . . § 316.194(1) (1988). . . . The definition of highway as it relates to §316.194 is found in Fla. . . . Disabled vehicles are excluded from the requirements of § 316.194(1) to the extent that it is impossible . . . demonstrated that the legislature intended to include the instant situation within the exception to § 316.194 . . .

BARRIER L. v. M. DUNCAN A., 541 So. 2d 631 (Fla. Dist. Ct. App. 1989)

. . . . [§ 316.194(1-2), Fla.Stat. (1985).] . . . remaining on the roadway to resecure the ATY was a question for the jury under proper instructions. § 316.194 . . .

P. TAYLOR, Jr. v. GUNTER TRUCKING CO. INC., 520 So. 2d 624 (Fla. Dist. Ct. App. 1988)

. . . See §§ 316.194 and 316.1945, Fla. Stat. (1985). . . . .

N. ROBY, a By R. ROBY, R. v. KINGSLEY, 492 So. 2d 789 (Fla. Dist. Ct. App. 1986)

. . . Kingsley was illegally parked partially in the emergency lane in violation of Section 316.194, Florida . . .

GRAHAM, v. KEBEL, 431 So. 2d 652 (Fla. Dist. Ct. App. 1983)

. . . Section 316.194(1), (2), Florida Statutes (1977) prohibits the parking of a vehicle on the “paved part . . .

SHEIR v. METROPOLITAN DADE COUNTY, a d b a, 375 So. 2d 1114 (Fla. Dist. Ct. App. 1979)

. . . Uniform Traffic Court Act, Section 316.124(1) and (2), Florida Statutes (1971), (renumbered Section 316.194 . . .