Move Over Act violation
Florida Statute § 316.126(1)(b)
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
For qualifying roadside emergency, sanitation, utility, recovery, maintenance/construction, or disabled vehicles, move out of the closest lane as soon as safe on a road with at least two lanes in the same direction. If moving over is unsafe, or on a two-lane road, reduce speed by 20 mph below a posted limit of at least 25 mph, or to 5 mph for limits of 20 mph or less. A disabled vehicle qualifies through warning/hazard lights, flares/signage, or a visibly present person. Document the qualifying roadside activity, warnings, lane availability, and speed.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Emergency / Roadside
- Type
- Moving
- Civil / Criminal
- Civil
- Offense Classification
- Moving infraction
- Points
- 3
- Fine / Penalty
- $30 statutory base under §318.18(2)(d); additional costs may apply
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.