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Florida Statute 316.208 | Lawyer Caselaw & Research
F.S. 316.208 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.208

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.208
316.208 Motorcycles and mopeds.
(1) Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application.
(2)(a) Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
1. When overtaking or passing another vehicle proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For purposes of this paragraph, a “substandard-width lane” is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane.
(b) Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
(3) A person propelling a moped solely by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.
(4) No person shall propel a moped upon and along a sidewalk while the motor is operating.
(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. 1, ch. 76-31; s. 8, ch. 87-161; s. 163, ch. 99-248.
Note.Former s. 316.127.

F.S. 316.208 on Google Scholar

F.S. 316.208 on Casetext

Amendments to 316.208


Arrestable Offenses / Crimes under Fla. Stat. 316.208
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.208.


Civil Citations / Citable Offenses under S316.208
R or S next to points is Mandatory Revocation or Suspension

S316.208 MOPEDS - Points on Drivers License:
S316.208 (2)(a) Riding TOO FAR from right CURB - Points on Drivers License: 3
S316.208 (2)(b) Riding TOO FAR from left CURB - Points on Drivers License: 3
S316.208 (3) FAIL to Yield RIGHT-OF-WAY to pedestrian/give AUDIBLE SIGNAL before overtaking & passing pedestrian (Propelled by human power only) - Points on Drivers License: 3
S316.208 (4) Propelling a MOPED upon and along a sidewalk while motor is operating - Points on Drivers License: 3


Annotations, Discussions, Cases:

Cases from cite.case.law:

CLASSY CYCLES, INC. v. BAY COUNTY, a a, 201 So. 3d 779 (Fla. Dist. Ct. App. 2016)

. . . has numerous statutes governing the operation of vehicles including the equipment required, Section 316.208 . . .