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Florida Statute 316.440 | Lawyer Caselaw & Research
F.S. 316.440 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.440

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.440
316.440 Brake equipment required.Every motor-driven cycle must comply with the provisions of s. 316.261, except that:
(1) Motorcycles and motor-driven cycles need not be equipped with parking brakes.
(2) The wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, and the front wheel of a motor-driven cycle, need not be equipped with brakes, provided that such motorcycle or motor-driven cycle is capable of complying with the performance requirements of this chapter.

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. 1, ch. 76-31; s. 229, ch. 99-248.
Note.Former s. 316.264.

F.S. 316.440 on Google Scholar

F.S. 316.440 on Casetext

Amendments to 316.440


Arrestable Offenses / Crimes under Fla. Stat. 316.440
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.440.


Civil Citations / Citable Offenses under S316.440
R or S next to points is Mandatory Revocation or Suspension

S316.440 MOTORCYCLE/MOTOR DRIVEN CYCLES - Brake equipment required - 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)

. . . Section 316.440 sets forth the requirements for brakes on motorcycles; section 316.445 sets forth the . . .