Florida Statute 316.1985 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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316.1985 Limitations on backing.—

(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access facility.

(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. 1, ch. 76-31; s. 149, ch. 99-248.

Note.—Former s. 316.098.

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Amendments to 316.1985

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.1985

R or S next to points is Mandatory Revocation or Suspension

S316.1985 BACKING - improper/BACKING on limited access facility - Points on Drivers License: 3

S316.1985 (1) BACKING - improper - Points on Drivers License: 3

S316.1985 (2) Improper Backing on limited access facility - Points on Drivers License: 3

Cases Citing Statute 316.1985

Total Results: 4 | Sort by: Relevance | Newest First

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Knite v. State, 102 So. 3d 691 (Fla. 4th DCA 2012).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 20444, 2012 WL 5933035

defendant with aggravated fleeing in violation of section 316.1985(1), (E), Florida Statutes (2001). A violation

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Bell v. Harland Rayvals Transp., Ltd., 501 So. 2d 1321 (Fla. 4th DCA 1986).

Cited 3 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 160

...Civil) 3.1(a). We also agree with appellants' contention that the trial court erred in denying their request for Florida Standard Jury Instruction (Civil) 4.11, which would have informed the jury that a violation of a traffic ordinance, specifically section 316.1985(1), Florida Statutes, is evidence of negligence....

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Perez v. Sch. Bd., 917 F. Supp. 2d 1261 (S.D. Fla. 2013).

Cited 1 times | Published | District Court, S.D. Florida | 2013 U.S. Dist. LEXIS 8676, 2013 WL 203564

backed unsafely, a violation of Florida Statute section 316.1985(1). Additionally, pursuant to the collective

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Nelson v. State, 922 So. 2d 447 (Fla. 2d DCA 2006).

Published | Florida 2nd District Court of Appeal | 2006 WL 625850

...And as long as they don't trade paint, I don't think anybody's violated anything. So just by beginning to back up, did he commit an infraction sufficient to stop him and ask for his driver's license? In response, the State argued that Mr. Nelson had violated the "limitations on backing" statute. Section 316.1985(1), Florida Statutes (2002), provides: "Limitations on backing....

...and to yield to, any vehicle so near as to constitute a hazard as the backing automobile moves into the traveled way." Walker v. Grant, 314 F.Supp. 442, 443 (S.D.Fla.1970) (citing § 317.731, Fla. Stat. (1967), which contained the same provision as § 316.1985(1), Fla....

...Nelson points out that the officer was not forced out of his path in the alley and that he was not required to swerve to avoid Mr. Nelson's vehicle. Considering the totality of the circumstances, we conclude that Mr. Nelson did not "interfere with other traffic." Thus Mr. Nelson did not violate section 316.1985(1), and there was no probable cause for the vehicle stop....

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.