Florida Traffic Laws – What Is the Duty of a Driver Who Is Being Passed or Overtaken by Another Driver / Vehicle?

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Title XXIII – Motor Vehicles, Chapter 316 – State Uniform Traffic Control, Section 316.083 – Overtaking and Passing a Vehicles, governs the rules, regulations and limitations applicable to vehicles overtaking and passing other vehicles that are proceeding in the same direction.
– The driver a vehicle overtaking another vehicle traveling in the same direction shall give an appropriate signal (provided in section 316.156), pass to the left at a safe distance, and not again drive to the right side of the roadway until safely clear and a safe distance from the overtaken vehicle.
– The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass such at a safe distance not less than 3 feet between the bicycle or other nonmotozied vehicle.
Exception:
– When overtaking and passing on the right is permitted, the driver of an overtaken vehicle must give the right-of-way to the overtaking vehicle, by audible signal or blinking headlamps of the overtaken vehicle if overtaking is attempted at nighttime. The driver of the overtaken vehicle is prohibited from increasing the speed of his or her vehicle until completely passed by the overtaking vehicle.
Essentially, Section 316.083, Florida Statutes, permits overtaking vehicles on the left provided the driver of the overtaking vehicle properly uses a signal, that a safe distance (at least 3 feet when overtaking a bicycle or other nonmotorized vehicle) exists between the two and the overtaking vehicle does not exceed the posted speed limit. The overtaken vehicle must yield the right-of-way and not increase speed.

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