Florida Statute 316.126 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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316.126 Operation of vehicles and actions of pedestrians; approach of authorized emergency, sanitation, or utility service vehicle, wrecker, or road and bridge maintenance or construction vehicle; presence of disabled motor vehicle.—

(1)(a) Upon the immediate approach of an authorized emergency vehicle, while en route to meet an existing emergency, the driver of every other vehicle shall, when such emergency vehicle is giving audible signals by siren, exhaust whistle, or other adequate device, or visible signals by the use of displayed blue or red lights, yield the right-of-way to the emergency vehicle and shall immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the curb of the roadway, clear of any intersection and shall stop and remain in position until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.

(b) If an authorized emergency vehicle displaying any visual signals is parked on the roadside, a sanitation vehicle is performing a task related to the provision of sanitation services on the roadside, a utility service vehicle is performing a task related to the provision of utility services on the roadside, a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, a road and bridge maintenance or construction vehicle displaying warning lights is on the roadside without advance signs and channelizing devices, or a disabled motor vehicle is stopped and is displaying warning lights or hazard lights; is stopped and is using emergency flares or posting emergency signage; or is stopped and one or more persons are visibly present, the driver of every other vehicle, as soon as it is safe:

1. Shall vacate the lane closest to the emergency vehicle, sanitation vehicle, utility service vehicle, wrecker, road and bridge maintenance or construction vehicle, or disabled motor vehicle when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle, sanitation vehicle, utility service vehicle, wrecker, road and bridge maintenance or construction vehicle, or disabled motor vehicle except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph 2.

2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.

(c) The Department of Highway Safety and Motor Vehicles shall provide an educational awareness campaign informing the motoring public about the Move Over Act. The department shall provide information about the Move Over Act in all newly printed driver license educational materials.

(2) Every pedestrian using the road right-of-way shall yield the right-of-way until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.

(3) An authorized emergency vehicle, when en route to meet an existing emergency, shall warn all other vehicular traffic along the emergency route by an audible signal, siren, exhaust whistle, or other adequate device or by a visible signal by the use of displayed blue or red lights. While en route to such emergency, the emergency vehicle shall otherwise proceed in a manner consistent with the laws regulating vehicular traffic upon the highways of this state.

(4) This section does not diminish or enlarge any rules of evidence or liability in any case involving the operation of an emergency vehicle.

(5) This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(6) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1) or subsection (3), or as a pedestrian violation for infractions of subsection (2).

History.—s. 1, ch. 71-135; s. 1, ch. 84-204; s. 122, ch. 99-248; s. 2, ch. 2002-217; s. 2, ch. 2004-20; s. 3, ch. 2009-183; s. 7, ch. 2014-216; s. 7, ch. 2021-186; s. 1, ch. 2023-197.

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Amendments to 316.126

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.126

R or S next to points is Mandatory Revocation or Suspension

S316.126 (1) FAILED TO YIELD/STOP TO EMERGENCY VEHICLE - Points on Drivers License: 3

S316.126 (1)(a) Failed to yield to emergency vehicle - Points on Drivers License: 3

S316.126 (1)(b) Failure to move over/slow down for emergency vehicle/wrecker/Sanitation/Utility - Points on Drivers License: 3

S316.126 (1)(b)1 Failure to move over for emergency vehicle/wrecker/sanitation/utility - Points on Drivers License: 3

S316.126 (1)(b)2 Failure to slow down for emergency vehicle/wrecker/sanitation/utility - Points on Drivers License: 3

S316.126 (2) Pedestrian failed to yield to emergency vehicle - Points on Drivers License: 0

S316.126 (3) Failure of an emergency vehicle to use warning device - Points on Drivers License: 3

Cases Citing Statute 316.126

Total Results: 10 | Sort by: Relevance | Newest First

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Hrezo v. State, 780 So. 2d 194 (Fla. 2d DCA 2001).

Cited 27 times | Published | Florida 2nd District Court of Appeal | 2001 WL 76990

...When a police officer turns on his or her emergency and takedown lights under these circumstances, a reasonable person would expect to be stopped, at a minimum, for a traffic infraction and perhaps for the crime of fleeing and eluding if he or she drove away. See § 316.126, Fla....

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Young v. State, 803 So. 2d 880 (Fla. 5th DCA 2002).

Cited 19 times | Published | Florida 5th District Court of Appeal | 2002 WL 10111

...On appeal, the court disagreed and reversed, concluding that [w]hen a police officer turns on his or her emergency and takedown lights under these circumstances, a reasonable person would expect to be stopped, at a minimum, for a traffic infraction and perhaps for the crime of fleeing and eluding if he or she drove away. See § 316.126, Fla....

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Brooks v. State, 745 So. 2d 1113 (Fla. 1st DCA 1999).

Cited 11 times | Published | Florida 1st District Court of Appeal | 1999 WL 1112291

...As Brooks was driving the vehicle onto the roadway, she stopped when she saw the flashing lights and uniformed police officer approaching the car. Section 316.2397, Florida Statutes (1997), allows only police vehicles to have blue flashing lights, and section 316.126, Florida Statutes (1997), requires all vehicles to pull to the closest edge of the roadway upon the approach of a vehicle displaying blue or red lights....

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Bryant v. Beary, 766 So. 2d 1157 (Fla. 5th DCA 2000).

Cited 8 times | Published | Florida 5th District Court of Appeal | 2000 WL 1227902

...er of a vehicle specified in paragraph (a) from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others. Similarly, section 316.126, Florida Statutes (1997), which governs the duty of other vehicles and pedestrians to yield to other vehicles, provides in pertinent part: (5) This section shall not operate to relieve the driver of an authorized emergency vehicle fro...

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Sullivan v. Price, 368 So. 2d 614 (Fla. 1st DCA 1979).

Cited 5 times | Published | Florida 1st District Court of Appeal

...nence of Price's injuries. Clearly his disability is not merely subjective, so that expert medical testimony was unnecessary. [1] Appellants urge also that the lower court erred in refusing to read to the jury in its instructions certain portions of § 316.126, Fla....

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GM v. State, 981 So. 2d 529 (Fla. 3d DCA 2008).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 1809317

...As the Second District in Hrezo astutely put it: When a police officer turns on his or her emergency and takedown lights under these circumstances, a reasonable person would expect to be stopped, at a minimum, for a traffic infraction and perhaps for the crime of fleeing and eluding if he or she drove away. See § 316.126, Fla. Stat. (1999) . . . 780 So.2d at 196 (citation omitted). See Brooks, 745 So.2d at 1113-14 (observing that section 316.2397, Fla. Stat. (1997), allows only police vehicles to have blue flashing lights and section 316.126, Fla....

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Homburg v. Knipmeyer, 388 So. 2d 602 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17154

other drivers constituted negligence. Further, Section 316.126(1), Florida Statutes (1979), requires drivers

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Brandon S. Hegele v. State of Florida (Fla. 4th DCA 2019).

Published | Florida 4th District Court of Appeal

...special instruction in addition to the standard instructions. Over defense objection, the State proposed a special instruction consistent with state statutes addressing the ability of emergency vehicles to breach traffic laws during emergencies. See §§ 316.072(5)(c) & 316.126(5), Fla....

...The State further contends that the special instruction does not impose a duty different from the one set forth in the reckless driving statute. “[A] trial court has wide discretion in instructing the jury, and the court’s decision regarding the charge to the jury is reviewed with a 2See § 316.126(5), Fla....

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Gordon v. Colbert, 789 So. 2d 471 (Fla. 4th DCA 2001).

Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 9155, 2001 WL 746925

...According to Colbert, the ambulance turned into his path; he never saw it coming, nor did he ever hear the sirens. Colbert denied causing the accident. During the charge conference, it was decided that the court would read the requested jury instructions regarding sections 316.126 and 316.072 Florida Statutes (1999). The instruction relating to section 316.126 was the following: Emergency vehicle....

...On appeal, Gordon argues that it was error for the court to instruct the jury on section 316.122 because that section governs left-hand turns, generally, and does not apply in emergency situations. Further, he contends that the instruction was contradictory to the instructions relating to sections 316.126 and 316.072, and had the- effect of confusing or misleading the jury on a critical issue of liability....

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G.M. v. State, 981 So. 2d 529 (Fla. 3d DCA 2008).

Published | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 5879

fleeing and eluding if he or she drove away. See § 316.126, Fla. Stat. (1999) ... 780 So.2d at 196 (citation

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.