SENATE AMENDMENT

    Bill No. CS for SB 1306

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Carlton moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 70, lines 4-12, delete those lines

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16  and insert:

17         Section 143.  Section 316.405, Florida Statutes, is

18  amended to read:

19         316.405  Motorcycle headlights to be turned on.--

20         (1)  Any person who operates a motorcycle or

21  motor-driven cycle on the public streets or highways shall,

22  while so engaged, have the headlight or headlights of such

23  motorcycle or motor-driven cycle turned on.  Failure to comply

24  with this section during the hours from sunrise to sunset,

25  unless compliance is otherwise required by law, shall not be

26  admissible as evidence of negligence in a civil action. During

27  the hours of operation between sunrise and sunset, the

28  headlights may modulate either the upper beam or the lower

29  beam from its maximum intensity to a lower intensity, in

30  accordance with Federal Motor Vehicle Safety Standard 571.108.

31         (2)  Failure to comply with the provisions of this

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    8:11 AM   04/15/99                              s1306c1c-24b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1306

    Amendment No.    





 1  section shall not be deemed negligence per se in any civil

 2  action, but the violation of this section may be considered on

 3  the issue of negligence if the violation of this section is a

 4  proximate cause of a crash an accident.

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 7  ================ T I T L E   A M E N D M E N T ===============

 8  And the title is amended as follows:

 9         On page 2, line 4, following the semicolon

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11  insert:

12         amending s. 316.405, F.S.; authorizing certain

13         use of modulating headlights by motorcycles;

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    8:11 AM   04/15/99                              s1306c1c-24b01