Brake equipment violation
Florida Statute § 316.261
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
Highway vehicles generally need service brakes adequate to control, stop, and hold the loaded vehicle, effective parking brakes, and brakes on all wheels. A trailer at 3,000 pounds or less qualifies for the all-wheel exception only if its wheel-supported weight is no more than 40% of the towing vehicle's weight and the combination meets stopping-performance rules. Heavier trailers generally need automatic breakaway brakes that remain applied at least 15 minutes. Record vehicle/combination weights, brake type, failed component, and the relevant age, equipment, towaway, or vehicle-class exception before applying a technical requirement.
Summary sources
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; offense-specific penalties/court costs may differ
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 (absent separate lawful basis)
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.