Is it illegal in Florida to flash your high beams at an oncoming car?

Plain-English summary

A constituent of State Senator Rhonda Storms got a traffic ticket for flashing his high beams at an oncoming car and wanted an opinion from the Attorney General. The office cannot give legal opinions to private individuals, even when a request comes through a legislator, so Assistant Attorney General Joslyn Wilson offered informal comments instead.

The letter pointed to the actual headlight statutes. Section 316.238 governs the use of high and low beams: when a driver approaches an oncoming vehicle within 500 feet, the driver must aim the beam so the glare is not projected into the oncoming driver's eyes. The Official Florida Driver's Handbook puts the same rule plainly, do not use high beams within 500 feet of oncoming vehicles. A violation of section 316.238 is a noncriminal traffic infraction punishable as a moving violation under Chapter 318. The letter also corrected a citation in the constituent's request: there is no section 316.23977 in the Florida Statutes.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What does Florida law actually require for high beams near other cars?
A: Under section 316.238, when a driver comes within 500 feet of an oncoming vehicle, the driver must use a beam aimed so the glaring rays are not projected into the oncoming driver's eyes. In practice that means switching off the high beams as the handbook directs.

Q: Is a high-beam violation a crime?
A: No. The letter explained that a violation of section 316.238 is a noncriminal traffic infraction, punishable as a moving violation under Chapter 318. (By comparison, a violation of the equipment requirements in section 316.237 is treated as a nonmoving violation.)

Q: Why wouldn't the Attorney General just give the driver an opinion on his ticket?
A: The office is precluded from giving legal opinions to private individuals, whether the request comes directly or through a public official. It can offer general informational comments, which is all this letter did.

Background and statutory framework

Florida's headlight rules sit in two related statutes. Section 316.237 sets equipment standards for multiple-beam road-lighting: an uppermost beam must reveal persons and vehicles at least 450 feet ahead, and a lowermost beam at least 150 feet ahead. Section 316.238 governs how those beams are used while driving during the lighted-lamp times set by section 316.217: the driver must use a beam high and bright enough to reveal hazards at a safe distance, but must dim it when within 500 feet of an oncoming vehicle so as not to blind the other driver. The penalty structure runs through Chapter 318, which makes a section 316.238 violation a noncriminal moving violation. The letter relied on the statutory text and the Official Florida Driver's Handbook rather than any case law.

Citations and references

Statutes:

• s. 316.237, Fla. Stat. (multiple-beam road-lighting equipment requirements)
• s. 316.238, Fla. Stat. (use of multiple-beam road-lighting equipment; 500-foot dimming rule)
• s. 316.217, Fla. Stat. (when lighted lamps are required)
• Chapter 318, Fla. Stat. (disposition of traffic infractions)

Subject

Traffic, use of high beams

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/traffic-use-of-high-beams
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8201

Original opinion text

The Honorable Rhonda R. Storms

Florida Senate, District 10

313 East Robertson Street

Brandon, Florida 33511

Dear Senator Storms:

The Office of Attorney General Bill McCollum has received your letter relaying the concerns of a constituent regarding a traffic ticket he received for flashing his high beam lights to an oncoming car. The constituent is interested in obtaining an opinion of this office.

While this office is precluded from providing legal opinions to private individuals, regardless of whether such requests are submitted directly to this office or through a public official, the following informal comments are offered in an effort to be of assistance. Section 316.237, Florida Statutes, sets forth the requirements for multiple-beam road-lighting equipment, requiring that "[t]here shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 450 feet ahead for all conditions of loading."[1] You also refer to section 316.23977; however, no such statute exists in the Florida Statutes. Section 316.238, Florida Statutes, provides for the use of multiple-beam road-lighting equipment, and provides in part:

"(1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in s. 316.217, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

(a) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in ss. 316.237(1)(b) and 316.430(2)(b) shall be deemed to avoid glare at all times, regardless of road contour and loading." (e.s.)

The Official Florida Driver’s Handbook states: "Don’t use high-beam headlights within 500 feet of oncoming vehicles."[2] Section 316.238(23), Florida Statutes, provides that a violation of section 316.238, Florida Statutes, is a noncriminal traffic infraction, punishable as a moving violation as provided in Chapter 318, Florida Statutes.

I hope that the above information may be of some assistance to your constituent. Thank you for contacting the Attorney General’s Office.

Sincerely,

Joslyn Wilson

Assistant Attorney General

JW/tsh

[1] Section 316.237(1)(a), Fla. Stat. Compare s. 316.237(1)(b), Fla. Stat., providing that "[t]here shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet ahead; and on a straight level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver." Section 316.237 prescribes certain equipment requirements relating to such headlights and prohibits the placement over a headlight of an object, material, or covering that alters the headlamp's visibility from at least 450 feet for an uppermost distribution of light or at least 150 feet for a lowermost distribution of light. A violation of s. 316.237, Fla. Stat., constitutes a noncriminal traffic infraction, punishable as a nonmoving violation as provided in Ch. 318, Fla. Stat. See s. 316.237(3), Fla. Stat.

[2] The Handbook is available online at: http://www.lowestpricetrafficschool.com/handbooks/.