Improper passing on right
Florida Statute § 316.084
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
Passing on the right is allowed when the other vehicle is turning or about to turn left, or when the roadway has sufficient unobstructed width for the permitted multiple lines of traffic, including qualifying one-way roads. The pass must be safe and may not leave the pavement or main-traveled roadway. Document lane layout, the other vehicle's movement, available width, and whether the driver used a shoulder or other off-roadway area.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Passing
- Type
- Moving
- Civil / Criminal
- Civil
- Offense Classification
- Moving infraction
- Points
- 3
- Fine / Penalty
- $60 base moving penalty; speeding/enhanced-zone schedules 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.