316.??? help

I am hoping you can tell me the correct FSS for not allowing a car in that is signaling over, and or speeding up to block them?

There is none! A driver shall only change lanes after signalling AND when safe to do so. I'm tired of you ass clowns that refuse to wait in line like the rest of us when traffic is backed up or very heavy and then at the last minute decide to CUT IN after driving down a less congested lane. You impatient pricks! And you wonder why Florida, specifically South Florida, has such high traffic crash statistics.

WOW such anger...... Glad I'm not in south Florida anymore to get so worked up over traffic.

It does seem odd that the younger generation dosn't know these silly little basic rules of the road....

You can't change lanes just because you have your signal on,

You have to STOP before making a right on red, AND

just because our car reads highway patrol we CAN still stop you in town and off the interstate.

I am hoping you can tell me the correct FSS for not allowing a car in that is signaling over, and or speeding up to block them?

I am not sure if you are referring to while flowing in traffic with someone in the lane next to you trying to get over or when you are stuck in stoppedtraffic, but maybe this is something that would help:


316.083 Overtaking and passing a vehicle.--The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an appropriate signal as provided for in s. 316.156, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

I am hoping you can tell me the correct FSS for not allowing a car in that is signaling over, and or speeding up to block them?

Tamps LEO, I am sorry that none of these other boneheads addressed your question. There is no specific statute for the scenario you described. Therefore you would have to write it under Careless Driving and explain in the narrative (comments/other violations) section why you felt that it fell within the definition of Careless Driving.

The statute states: Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

I have used this statute and won every time in court by writing something such as "Def sped up in lane being changed into by other veh. Action was careless and dangerous to other veh (traffic) per statute"

What I am talking about is this, you are driving down the road in the number 3 lane. There is a car thee car lengths behind you in the number 2 lane of traffic. You turn on your right turn signal, indicating a lane change to the number 2 lane. The car in the number 2 lane accelerates in an aggressive manner to prevent you to get into the number 2 lane. What is the FSS that you could write for this? Thanks for your help, I came to F.H.P for the info as you are the traffic expert's!

Merry Christmas.

What I am talking about is this, you are driving down the road in the number 3 lane. There is a car thee car lengths behind you in the number 2 lane of traffic. You turn on your right turn signal, indicating a lane change to the number 2 lane. The car in the number 2 lane accelerates in an aggressive manner to prevent you to get into the number 2 lane. What is the FSS that you could write for this? Thanks for your help, I came to F.H.P for the info as you are the traffic expert's!

Merry Christmas.

As I said, there is no specific statute for the scenario you described. Therefore you would have to write it under Careless Driving and explain in the narrative (comments/other violations) section why you felt that it fell within the definition of Careless Driving.

The statute states: Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

I have used this statute and won every time in court by writing something such as "Def sped up in lane being changed into by other veh. Action was careless and dangerous to other veh (traffic) per statute"

WOW such anger...... Glad I'm not in south Florida anymore to get so worked up over traffic.



You should be glad. The bluehairs and all the yankee transplants (complete with their sense of entitlement) will make you this way.

What I am talking about is this, you are driving down the road in the number 3 lane. There is a car thee car lengths behind you in the number 2 lane of traffic. You turn on your right turn signal, indicating a lane change to the number 2 lane. The car in the number 2 lane accelerates in an aggressive manner to prevent you to get into the number 2 lane. What is the FSS that you could write for this? Thanks for your help, I came to F.H.P for the info as you are the traffic expert's!

Merry Christmas.

There may be some unmentioned info here. The vehicle you think sped up (V2)may have been going faster than the vehicle who wanted to change lanes (V1), and/or the vehicle (V1) attempting to change lanes signaled AS HE WAS changing lanes and misjudged the distance from the first vehicle (V2). OR, the vehicle (V2) that you thought was speeding up, actually was in the blind spot of the vehicle attempting to change lanes (V2).

Think about a sig 4 report narrative section and section on driver actions.

Merry Christmas and Happy Motoring!!! 8)
:cop: :cop:

See if this statute fits your scenario:

316.083 (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

See if this statute fits your scenario:

316.083 (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
I don't think that statute is going to fit his scenario. He stated the scenario would have occurred on a multi-lane highway (he cited three lanes of travel). Unless otherwise posted, it is permitted to overtake and pass on the right on a multi-lane divided highway. The particular statute you are citing is primarily for a two-lane road where you would have to overtake and pass on the left (where marked and permitted, not in a no-passing zone). This statute is to prohibit a vehicle you are passing on the left from speeding up, forcing you to drive longer in the oncoming lanes and preventing you from passing.
I have to agree with a previous poster: there is no statute for being rude (nor is there enough paper to write for the amount of violations that occur each day for THAT). Unfortunately, it winds up just being a case of a driver deciding to be rude and speeding up on a multi-lane highway and preventing another car from passing, when the second car still has the option of passing on the right. If the first driver continues to try to prevent the second driver from passing on that side too, then a road rage incident is developing and a Careless Driving citation is in order.

What I am talking about is this, you are driving down the road in the number 3 lane. There is a car thee car lengths behind you in the number 2 lane of traffic. You turn on your right turn signal, indicating a lane change to the number 2 lane. The car in the number 2 lane accelerates in an aggressive manner to prevent you to get into the number 2 lane. What is the FSS that you could write for this? Thanks for your help, I came to F.H.P for the info as you are the traffic expert's!

Merry Christmas.
Additionally, the vehicle in the number 3 lane is going to be required to yield to the vehicle in the number 2 lane that decided to accelerate. F.S.S. 316.085(2) states: "(2) No vehicle shall be driven from a direct course in any lane on any highway until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction."
Unfortunately it puts the onus on the vehicle in lane number 3. I know you know, Tampa LEO, that the signal the driver in lane 3 gave is an indication of intent, not a right to make a lane/course change. Sadly, the driver in lane 2 gets to be a jerk unless there are other circumstances present that can be articulated to subtantiate a Careless Driving charge.

See if this statute fits your scenario:

316.083 (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

Nope this will work most rodes in the city are 2 lane rodes thnks.

Merry Christmas.

These as$ clowns who write these confusing statutes need to be beat with a stick.

Curious on 316.083 (2)... Where does the statue specifically limit this to two-lane roads? The entire .083 talks about overtaking and passing, but no reference to the number of lanes, or crossing the center line.