The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.084

316.084 When overtaking on the right is permitted.—

(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

(a) When the vehicle overtaken is making or about to make a left turn;

(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;

(c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

(2) The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

(3) 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. 108, ch. 99-248.

F.S. 316.084 on Google Scholar

F.S. 316.084 on Casetext

Amendments to 316.084

Arrestable Offenses / Crimes under Fla. Stat. 316.084

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.084.

Civil Citations / Citable Offenses under S316.084

R or S next to points is Mandatory Revocation or Suspension

S316.084 OVERTAKING ON RIGHT- driving off pavement - Points on Drivers License: 3

S316.084 (1) Improper on right - Points on Drivers License: 3

S316.084 (2) Improper passing on right- driving off pavement - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. LEBRON,, 954 So. 2d 52 (Fla. Dist. Ct. App. 2007)

. . . Finally, the State pointed to section 316.084(2), Florida Statutes (2005), which provides that a driver . . . decision to attempt a pass of the slower vehicle on the right may have been improper in view of section 316.084 . . .

A. FLORIO, v. ENG,, 879 So. 2d 678 (Fla. Dist. Ct. App. 2004)

. . . an essential issue in the ease where the evidence supported giving a charge on violation of section 316.084 . . . Plaintiff requested a jury instruction on section 316.084(2), which governs the circumstances when overtaking . . . Section 316.084, provides: (1)The driver of a vehicle may overtake and pass on the right of another vehicle . . . We conclude that a failure to give an instruction on section 316.084 was an abuse of discretion. . . .

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

. . . .-054, 316.055, 316.056, 316.0565, 316.057(9), 316.061, 316.081, 316.082, 316.083, 316.084, 316.085, . . .