Notice of Proposed Rule

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Florida Highway Patrol
RULE NO: RULE TITLE
15B-13.001: Operation of Soundmaking Devices in Motor Vehicles
PURPOSE AND EFFECT: The purpose of the proposed rule action is to amend the current rule to reflect the 2005 revision to Florida Statute 316.3045, making it unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so that the sound is plainly audible at a distance of 25 feet or more from the motor vehicle instead of 100 feet as previously defined.
SUMMARY: The proposed rule action revises the current rule changing the definition of the term "plainly audible" reducing the unlawful range that a mechanical soundmaking device or instrument can be heard coming from within a motor vehicle from 100 feet to 25 feet.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 316.3045 FS.
LAW IMPLEMENTED: 316.3045 FS.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lt. James D. Wells, Jr., Bureau of Special Operations Command, Division of Florida Highway Patrol, Department of Highway Safety and Motor Vehicles, Room A315, Neil Kirkman Building, Tallahassee, Florida 32399-0500, (850)617-2303

THE FULL TEXT OF THE PROPOSED RULE IS:

15B-13.001 Operation of Soundmaking Devices in Motor Vehicles.

(1) No change.

(2) “Plainly Audible” shall mean any sound produced by a radio, tape player, or other mechanical or electronic soundmaking device, or instrument, from within the interior or exterior of a motor vehicle, including sound produced by a portable soundmaking device, that can be clearly heard outside the vehicle by a person using his normal hearing faculties, at a distance of 25100 feet or more from the motor vehicle.

(3) through (4) No change.

Specific Authority 316.3045 FS. Law Implemented 316.3045 FS.  History–New 12-25-90, Amended________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Lt. James D. Wells, Jr., Bureau of Law Enforcement Support Services, Division of Florida Highway Patrol, Department of Highway Safety and Motor Vehicles, Room A315, Neil Kirkman Building, Tallahassee, Florida 32399-0500, (850)488-5799
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Colonel Christopher A. Knight, Director, Division of Florida Highway Patrol
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 1, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 2, 2006