Obviously rules of the road imply that drivers use their headlights at night time. Rules of the road also states ear car should have taillights that work in the back of their vehicles. Below are the Florida Statutes that require drivers to use their headlights and to have taillights that work.
A simple example would be that a car is driving without its lights on a road and crashes into the other car, as he could not see the other car due to not having lights. In this example, the car without the lights would be plainly at fault.
A more complicated example would be when someone is at a stop sign where they have to yield to the oncoming traffic. The car at the stop sign proceeds as it appears that there is no one coming, and unbeknownst to him there is car coming without the lights. So the car without the lights has the right of way but it is nighttime. The argument for the person at the stop sign is that if the other car had his lights on, then the accident never would have happened. The car without the lights can argue that he had the right of way, which would be a correct statement. Unless there were some street lights where you should be able to see the oncoming traffic, this would appear to be a strong case against the person without the lights.
Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the slightest difference in the facts could change the result. Also, this blog is based on Florida law and the laws of any other state could vary significantly from Florida.
When lighted lamps are required.—
(1) Every vehicle operated upon a highway within this state shall display lighted lamps and illuminating devices as herein respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles, under the following conditions;
(a) At any time from sunset to sunrise including the twilight hours. Twilight hours shall mean the time between sunset and full night or between full night and sunrise.
(b) During any rain, smoke, or fog.
(c) Stop lights, turn signals, and other signaling devices shall be lighted as prescribed for use of such devices.
(2) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible, said provisions shall apply during the times stated in subsection (1) in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.
(3) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load.
(4) Law enforcement vehicles may be operated without the display of lighted lamps required by this chapter under the following conditions:
(a) Operation without the display of lighted lamps is necessary to the performance of a law enforcement officer’s duties.
(b) The law enforcement agency has a written policy authorizing and providing guidelines for vehicle operation without the display of lighted lamps.
(c) The law enforcement vehicle is operated in compliance with agency policy.
(d) The operation without the display of lighted lamps may be safely accomplished.
The provisions of this subsection shall not relieve the operator of such a vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the vehicle operator from the consequences of his or her reckless disregard for the safety of others.
(5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 4, ch. 76-218; s. 22, ch. 94-306; s. 171, ch. 99-248; s. 1, ch. 2004-74.
Headlamps on motor vehicles.—
(1) Every motor vehicle shall be equipped with at least two headlamps with at least one on each side of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in this chapter, and shall show a white light. An object, material, or covering that alters the headlamp’s light color may not be placed, displayed, installed, affixed, or applied over a headlamp.
(2) Every headlamp upon every motor vehicle shall be located at a height of not more than 54 inches nor less than 24 inches to be measured as set forth in s. 316.217.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a non-moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 172, ch. 99-248; s. 9, ch. 2000-313.
Taillamps.—
(1) Every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps mounted on the rear, which, when lighted as required in s. 316.217, shall emit a red light plainly visible from a distance of 1,000 feet to the rear, except that passenger cars and pickup trucks manufactured or assembled prior to January 1, 1972, which were originally equipped with only one tail lamp shall have at least one tail lamp. On a combination of vehicles, only the tail lamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one tail lamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable. An object, material, or covering that alters the tail lamp’s visibility from 1,000 feet may not be placed, displayed, installed, affixed, or applied over a tail lamp.
(2) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted. Dump trucks and vehicles having dump bodies are exempt from the requirements of this subsection.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a non-moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 79-97; s. 173, ch. 99-248; s. 10, ch. 2000-313; s. 17, ch. 2006-290.
