8.810 — FAILURE TO HAVE PROPER SAFETY EQUIPMENT

Violations of "Statute 8.810" results in an Infraction and a fine of $5,000

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(a) Definitions

Failure to have proper safety equipment refers to the failure to ensure that a vehicle, particularly a commercial vehicle, is equipped with all required safety equipment as mandated by state regulations. This includes items like fire extinguishers, reflective triangles, seatbelts, first aid kits, and any other safety devices required for the safe operation of the vehicle.

(b) Elements

To establish the offense of failure to have proper safety equipment, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating or responsible for a vehicle subject to safety equipment regulations.

• The vehicle did not have the required safety equipment, either because it was missing or non-functional.

• The defendant knew or should have known about the requirement to have the proper safety equipment in the vehicle.

• The lack of proper safety equipment posed a potential risk to the vehicle's operation or to public safety.

(c) Defenses

Defenses against this charge may include:

• The safety equipment was inadvertently misplaced or lost, and the defendant took immediate action to replace it.

• The vehicle was temporarily inoperable or under repair, and safety equipment was not required for the specific condition of the vehicle at the time.

• The defendant was unaware of the specific safety equipment requirement due to lack of proper communication or misunderstanding of the law.

(d) Aggravating Factors

When determining the severity of the offense, the following factors may be considered:

• The vehicle's lack of safety equipment resulted in an unsafe condition or potential harm to the driver, passengers, or others on the road.

• The defendant has a history of non-compliance with vehicle safety regulations or prior safety-related violations.

• The missing safety equipment was critical for the type of vehicle or operation, such as failure to carry fire extinguishers on hazardous materials vehicles.