Florida Statute 316.271 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

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 or s. 316.2397.

(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; s. 5, ch. 2024-34.

F.S. 316.271 on Google Scholar

F.S. 316.271 on CourtListener

Amendments to 316.271

Annotations, Discussions, Cases:

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 (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

Cases Citing Statute 316.271

Total Results: 6 | Sort by: Relevance | Newest First

Copy

Kim D. Lee v. Luis Ferraro, 284 F.3d 1188 (11th Cir. 2002).

Cited 1232 times | Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 3438, 2002 WL 340670

...On her arrest form, Lee was charged with battery on a police officer, failure to have a valid driver’s license, resisting arrest with violence, and failure to obey a police officer. Ferraro also issued a traffic citation for improper use of her car horn under Section 316.271(1) of the Florida Statutes....

Copy

Thomas v. State, 583 So. 2d 336 (Fla. 5th DCA 1991).

Cited 13 times | Published | Florida 5th District Court of Appeal | 1991 WL 41004

...[9] § 775.012(5) Fla. Stat. (1972). [10] The legislature also defined "noncriminal violation" and somehow made an ordinance violation both not a crime and, at the same time, not a noncriminal violation. See § 775.08(3), Fla. Stat. [11] § 318.14, Fla. Stat. [12] § 316.271(4), Fla....

Copy

Siplin v. State, 795 So. 2d 1010 (Fla. 2d DCA 2001).

Cited 10 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1006205

...When an officer uses takedown lights a reasonable person would not feel free to leave. This is emphasized by the fact that only police officers or department of correction officers may use blue flashing lights on their vehicles pursuant to section 316.2397(2), Florida Statutes (2000). Furthermore, section 316.271(6) provides the siren, whistle, or bell on an emergency vehicle should only be used when the vehicle is responding to an emergency call or in pursuit of an actual or suspected violator of the law....

Copy

Gulley v. Pierce, 625 So. 2d 45 (Fla. 1st DCA 1993).

Cited 9 times | Published | Florida 1st District Court of Appeal | 1993 WL 366882

...1990), regarding unlawful speed; and (3) Section 316.076, Florida Statutes (1989), pertaining to a motorist's duty to proceed with caution at an intersection *48 at which flashing signals are located. We affirm, however, as to the court's refusal to advise the jury regarding instructions relating to Section 316.271, Florida Statutes (1989), requiring every motor vehicle operated on the highway to have a horn in good working order; and Section 316.261(7)(a), Florida Statutes (1989), [1] directing that a truck towing a trailer equipped with air brakes shall have two means of activating the emergency trailer brakes....

Copy

Oslin v. State, 912 So. 2d 672 (Fla. 5th DCA 2005).

Cited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 2572405

Copy

Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14507

of brakes), § 316.263 (maintenance of brakes), § 316.271 (horns and warning devices), § 316.272 (exhaust

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.