Marsalisi Law
florida emissions testing

Safety emission laws, along with auto insurance and license requirements, vary from state to state.  In Florida, drivers do not need to get yearly emissions tests, as many other drivers do in other states.  Emissions tests are meant to monitor the environmental impact and overall safety of the vehicle.  So, does Florida’s lack of safety emissions laws make a difference in the number of car accidents that occur statewide?  Let us compare statewide figures and determine whether emissions and safety inspection laws impact vehicle accidents.   

Has Florida Ever Had Mandatory Emissions Inspections?

Florida has not had emissions tests or state inspections since 1981, when Governor Bob Graham did away with them, citing the high costs of tests and long wait times.  While Floridian car owners have not had to get vehicle safety inspections for their environmental footprint based on State law, Florida’s individual municipalities and counties may still require emissions testing at the local level.  In the 1990s, Governor Jeb Bush eventually repealed emissions testing statewide, claiming Florida had met federal air standards, and the cost of doing so exceeded $50 million.  

Currently, 22 states require some vehicle emissions and safety inspections, including New York, Pennsylvania, California, Massachusetts, and Nevada.  

Does Florida Require Any Vehicle Inspections?

Florida vehicle owners do not need to get their vehicles inspected for emissions tests or safety inspections.  There are only two situations when Florida mandates a car inspection:

  • When a driver buys a new car from another state; or
  • When a driver buys a used car within the state.

Inspections are not necessary when Florida drivers renew their car’s registration or buy a new car locally.  The inspection is intended to verify that the vehicle has not been stolen and reduces instances of vehicle fraud.  The inspector will examine your vehicle’s identification number (VIN) and check to make sure it matches your lien or title.  

Drivers can have the inspection done by any mechanic who meets the qualifications, along with local police departments.  The price can range from free to $100 per inspection, depending on where you go.  With a little research, drivers can quickly discern which inspections are on the high end of the pay scale before making an appointment.  

What Do Other State Vehicle Inspections Include?

Unlike Florida, many other states require vehicles to pass carbon emissions tests and safety inspections.  Many states, like California, refer to carbon emissions checks as “smog checks.”  Each state has different rules, but many require a driver who does not pass to retake it until their vehicle gets the green light.  Some states require these tests reasonably often or on an annual or semi-annual basis.  

Along with emissions tests, some states require that cars pass safety inspections to help keep roads safe.  A standard state safety inspection will check the following parts of a vehicle:

  • Brakes;
  • Tires;
  • Seatbelts;
  • Lights;
  • Horn;
  • Windshield wipers.

Many states may require drivers to pay fines when their vehicle does not pass inspection.  As with emissions tests, safety inspections must be taken until the car passes.

How Do Florida Vehicular Accidents Compare to the Other Testing States?

To determine whether Florida’s lack of emissions laws impacts vehicle accidents, we analyzed the number of vehicle crash death rates per 100,000 population, comparing Florida with states that do require emission inspections.  The data gathered from The Insurance Institute for Highway Safety (IIHS) shows the following statistics for 2018:

  • Florida: 14.7 fatalities; 
  • Nevada: 10.9 fatalities;
  • California: 9.0 fatalities; 
  • Massachusetts: 5.2 fatalities;
  • New York: 4.8 fatalities.  

According to these numbers, it would appear that Florida does have a higher number of fatal car accidents compared to some states that require emissions testing.  According to IIHS:  

“There were 33,654 fatal motor vehicle crashes in the United States in 2018 in which 36,560 deaths occurred.  This resulted in 11.2 deaths per 100,000 people and 1.13 deaths per 100 million miles traveled.”

This leaves Florida well above the national median for crash fatalities.  A separate study done by the auto insurance website, The Zebra, reached a similar conclusion after evaluating the crash fatality numbers in states with safety and emission inspections with states that do not have these inspections.  Their findings for 2014 demonstrated mixed results, showing that there is not a strong and clear correlation between requiring checks and fewer fatalities.   

Will Florida Change Its Laws on Safety Emissions?

In the past, Florida had a program that required safety and emissions inspections.  That was short-lived, however, and Florida did away with that program after facing strong political opposition.  While the most recent numbers demonstrate that emissions and safety inspections may have a positive impact on fatal car accidents, there is no push at this time to bring back safety and emissions inspections in Florida.  

Navigating Compensation After a Car Accident in Florida

An emissions inspection helps maintain a motor vehicle, ensuring that it is safe to be on the road.  When a vehicle is not properly maintained, it can lead to a mechanical failure that causes a severe car crash.  While Florida car inspection laws do not legally mandate that a car owner must do an emissions test, they do still have to comply with a general vehicle inspection.  When drivers fail to properly care for their cars, it can result in accident victims having to file a personal injury claim to recover fair compensation for any injuries and damages they suffered as a result of the accident.  

Negligence is the legal concept key to determining liability in a personal injury claim after a car accident.  To establish negligence, four elements must be proven:

  • Duty of Care: Every driver has a duty to operate their vehicle responsibly and follow traffic laws.  This duty extends to ensuring the safety of others on the road.
  • Breach of Duty: If a driver fails to fulfill their duty of care through reckless actions, distraction, or violating traffic rules, they breach their duty.
  • Causation: There must be a direct link between the breach of duty and the accident.  Demonstrating the breach was the cause of the accident is crucial.
  • Damages: Actual harm or damages, such as medical bills, property damage, or lost wages, must be present.

Recovering fair compensation after a car accident in Florida involves understanding negligence, gathering evidence, and navigating the legal process.  By following these steps, you can increase your chances of securing the compensation you deserve and moving forward on the road to recovery. 

Schedule a Free Consultation With St. Petersburg’s “Top 3” Car Accident Attorney

Attorney Frank P. Marsalisi of Marsalisi Law serves the local community, helping car accident victims in St. Petersburg recover after being injured by the carelessness of another party.  At Marsalisi Law, we believe that personal injury deserves personal attention.  That is why when you call our office, you will not be passed to a paralegal but will speak with Frank directly.    

Frank was rated the “Top 3” Personal Injury Lawyer in St. Petersburg in 2019.  To speak with Frank and discuss your personal injury case, schedule your free consultation by completing a contact form or call today at 727-800-5052.  

Marsalisi Law is Where Law Gets Personal!