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Florida Statute 316.271 | Lawyer Caselaw & Research
F.S. 316.271 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.271

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.271
316.271 Horns and warning devices.
(1) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet.
(2) No horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle.
(3) The driver of a motor vehicle shall, when reasonably necessary to ensure safe operation, give audible warning with his or her horn.
(4) No vehicle shall be equipped with, nor shall any person use upon a vehicle, any siren, whistle, or bell, except as otherwise permitted in this section.
(5) It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.
(6) Every authorized emergency vehicle shall be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the department, but such siren, whistle, or bell shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the driver of the vehicle shall sound the siren, whistle, or bell when reasonably necessary to warn pedestrians and other drivers of the approach thereof.
(7) Notwithstanding the other provisions of this section, a trolley may be equipped with a bell, and the bell is not required to be used only as a warning device. As used in this subsection, the term “trolley” includes any bus which resembles a streetcar, which is powered by overhead electric wires or is self-propelled, and which is used primarily as a public conveyance.
(8) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.s. 1, ch. 71-135; s. 4, ch. 86-36; s. 1, ch. 88-91; s. 325, ch. 95-148; s. 203, ch. 99-248; s. 72, ch. 2012-181.

F.S. 316.271 on Google Scholar

F.S. 316.271 on Casetext

Amendments to 316.271


Arrestable Offenses / Crimes under Fla. Stat. 316.271
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.271.


Civil Citations / Citable Offenses under S316.271
R or S next to points is Mandatory Revocation or Suspension

S316.271 (1) HORN - No/Defective - Points on Drivers License: 0
S316.271 (2) HORN - LOUD/Harsh sound of horn/warning device - Points on Drivers License: 0
S316.271 (3) HORN - Improper use - Points on Drivers License: 0
S316.271 (4) SIREN/BELL/WHISTLE - Unlawful use/equipment - Points on Drivers License: 0
S316.271 (5) THEFT ALARM SIGNAL DEVICE - Improper use - Points on Drivers License: 0
S316.271 (6) SIREN/BELL/WHISTLE - Unlawful use/equipment - Points on Drivers License: 0


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)

. . . (brake equipment), § 316.262 (performance ability of brakes), § 316.263 (maintenance of brakes), § 316.271 . . .

STATE v. T. CATALANO,, 104 So. 3d 1069 (Fla. 2012)

. . . section do not apply to the noise made by a horn or other warning device required or permitted by s. 316.271 . . .

STATE v. T. CATALANO, v., 60 So. 3d 1139 (Fla. Dist. Ct. App. 2011)

. . . section do not apply to the noise made by a horn or other warning device required or permitted by s. 316.271 . . .

OSLIN, v. STATE, 912 So. 2d 672 (Fla. Dist. Ct. App. 2005)

. . . Furthermore, section 316.271(6) provides the siren, whistle, or bell on an emergency vehicle should only . . .

D. LEE, f. k. a. D. v. FERRARO, a, 284 F.3d 1188 (11th Cir. 2002)

. . . Ferraro also issued a traffic citation for improper use of her car horn under Section 316.271(1) of the . . .

SIPLIN, v. STATE, 795 So. 2d 1010 (Fla. Dist. Ct. App. 2001)

. . . Furthermore, section 316.271(6) provides the siren, whistle, or bell on an emergency vehicle should only . . .

GULLEY, v. PIERCE, a a, 625 So. 2d 45 (Fla. Dist. Ct. App. 1993)

. . . affirm, however, as to the court’s refusal to advise the jury regarding instructions relating to Section 316.271 . . .

THOMAS, v. STATE, 583 So. 2d 336 (Fla. Dist. Ct. App. 1991)

. . . . § 316.271(4), Fla.Stat., (1989). . . . .