Air pollution equipment / excessive visible exhaust emissions
Florida Statute § 316.2935(2)-(3)
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
On public roads or streets, covered gasoline-powered vehicles may not emit visible exhaust for more than 5 continuous seconds; motorcycles, mopeds, scooters, and specified federally exempt imported vehicles are excluded from that emissions rule. Diesel vehicles have the same duration threshold, except during acceleration, lugging, or deceleration. Operating a vehicle with unlawfully tampered pollution-control equipment is also prohibited; equivalent replacement equipment is allowed. Document fuel type, duration, operating conditions, and the altered device, applying relevant DEP rules. These operating violations are civil nonmoving infractions; knowing/willful sale or certification violations under subsection (1) have separate criminal penalties and are outside this entry.
Summary sources
Fix It - Repair & Signoff
Fix It - Repair & Signoff
For eligible civil citations under sections 316.610 or 316.2935: repair the defect, present the vehicle to a Florida police or sheriff's department for inspection, and obtain the signed affidavit of compliance within 30 days of citation issuance. Pay the agency $4 and submit the citation and affidavit to the clerk of the issuing court and pay the required amount within the 30-day deadline. Section 318.18(2)(c) reduces the statutory fine to $10; additional court costs or assessments may apply. Confirm the total and accepted filing method with that clerk. Repair or a phone call alone does not dismiss or resolve the citation. This procedure excludes commercial motor vehicles and transit buses owned or operated by a governmental entity. A separate equipment statute is not automatically eligible merely because the defect can be repaired.
For a section 316.610 defect that is not unduly hazardous, the separate written repair notice requires correction within 48 hours, excluding Sunday. The 30-day filing option does not extend that repair notice or authorize unsafe driving.
Verified against the 2026 Florida Statutes: October 1, 2026.
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Equipment
- Type
- Non-Moving
- Civil / Criminal
- Civil
- Offense Classification
- Nonmoving infraction
- Points
- 0
- Fine / Penalty
- $30 base nonmoving penalty; qualifying timely repair/signoff reduces the statutory fine to $10 under section 318.18(2)(c), plus applicable costs; $4 inspection fee
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally
- NTA Eligible
- N/A - civil citation
- Custodial Arrest
- No - civil infraction alone
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.