Florida Administrative Code
15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
15B - Division of Florida Highway Patrol
Chapter 15B-13 - OPERATION OF SOUNDMAKING DEVICES IN MOTOR VEHICLES
Section 15B-13.002 - Operation of Soundmaking Devices in Motor Vehicles

Universal Citation: FL Admin Code R 15B-13.002

Current through Reg. 50, No. 187; September 24, 2024

(1) The purpose of this rule is to set forth the definition of the term "plainly audible" and establish standards regarding how sound should be measured by law enforcement personnel who enforce Section 316.3045, F.S.

(2) "Plainly Audible" shall mean any sound produced by a radio, tape player, compact disc player, portable music or video player, cellular telephone, tablet computer, laptop computer, stereo, television, musical instrument, or other mechanical or electronic soundmaking device or instrument, which sound emanates from a motor vehicle, including sound produced by a portable soundmaking device, that can be heard outside the vehicle by a person using his or her normal hearing faculties.

(3) Law enforcement personnel shall measure sound according to the following standards:

(a) The primary means of detection shall be by means of the officer's ordinary auditory senses.

(b) The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he or she can readily identify the offending motor vehicle and the distance involved.

(c) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound.

Rulemaking Authority 316.3045 FS. Law Implemented 316.3045 FS.

New 3-23-23.

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