Defective brakes
Florida Statute § 316.263
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
All brakes must be kept in good working order and adjusted to operate as equally as practicable on opposite sides of the vehicle. Identify the actual defect or unequal operation, such as an inoperative wheel brake or faulty adjustment, rather than merely stating that the vehicle has bad brakes. Distinguish maintenance defects under this section from missing required equipment under §316.261 and stopping-performance requirements under §316.262.
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.