Florida Bicycle Law

Question

Luiz asked:  Can a bicyclist receive a ticket for crash?  Does the bicyclist have to have (and provide) liability insurance information when involved in an accident?

What if he did crash, in the rear, but the aftermath is a head concussion with memory loss? How it can be defended?

Can a bicyclist with an impeccable driving record have his driver’s license suspended for a bicycle accident? read more…

Question

Eric asked:  Near where I live there is an old bike lane that is about 15-20 years old. It has solid white lines right up to the intersection where I routinely turn right when I drive my truck there.

FS says I should get far to the right before making a right turn. I pretend there are dashed lines there and do so, that way a cyclist will have to slow down or stop behind me and I have no chance of right hooking him.

My wife says I will get a ticket. I say even if I do, I can prove the lane doesn’t follow AASHTO standards/ Florida Green book standards and I will win.

Who is right? (Well, given that the county judge understands the law). read more…

Question

Keri asked:  FDOT recently restriped several blocks of 2 one-way roadways in downtown. Both streets have three lanes and now have bike lanes on the right side. For most of my trips on these streets, my destination must be accessed from the left lane. In accordance with 316.2065(5)(b), I have always just used the left lane for the length of the road, so as not to have to merge across three lanes of traffic. Will HB 971 take away my right to do that? read more…

Question

Jill asked:  As an adult, am I required to wear a helmet while riding my bicycle?  Our traffic rules are the same as we observe on the roads and highways.  However, there is less traffic and a more relaxed attitude.  People ride bicycles in the street and on the walking paths.

Answer

We recommend that everyone wear helmets when cycling, but helmets are required only for children under 16 years of age.

FS 316.2065 – Bicycle Regulations

(d)  A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger’s head by a strap, and that meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the department. As used in this subsection, the term “passenger” includes a child who is riding in a trailer or semitrailer attached to a bicycle.

We have received a number of inquiries about HB 971, which was the subject of a recent post on this site.  They show the confusion that exists about the laws and the change in that bill. read more…

Question

Christopher asked:  I inline skate at an average speed of 13-15 mph in the bike lane on my local South Florida streets.  While 99% of the cyclists are very positive; with words of encouragement, allowing me to draft when I crank up to 16-18 mph and generally courteous, there are some that are negative with “Get out of the bike lane” and much worse. read more…

Question

Marie asked:  While riding in the bike lane, the bus repeatedly passes me and pulls into the bike lane to stop. Today I asked the driver to please stay on the other side of the white line when she has just passed me. She refused and said she was right. I told her she was breaking the law, that I had the right-of-way and was making me pass on the left in the lane of traffic going 50 mph.

This is the 3rd incident this year in which I have complained to them and even talked to the supervisor. He defended the driver.  Any suggestions?

Answer

The statute that applies is:

FS 316.1945 – Stopping, Standing, or Parking Prohibited in Specified Places

(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

6.  On an exclusive bicycle lane.

Assuming the bus is passing and moving right legally, the actions of the bus driver appear to be in compliance with the law.  Discharging passengers onto a bike lane could endanger the persons exiting the bus and passing cyclists.

I recommend that you treat these situations the same as if you were driving a car in the right lane of a multi-lane roadway and a bus stopped in front of you.  Wait until a safe and legal opportunity to move into the adjacent lane to pass.

Question

Bob asked:  I was told by a University police officer yesterday that I had to use the bike lane (as opposed to riding on the adjacent sidewalk, which I was doing at the moment).  Is that correct?  I thought bicyclists still had the option to use the sidewalk, regardless of whether a bike lane on the street is present.  I think there’s a lot of confusion whether HB 971 prohibits sidewalk bicycle riding when the street has a bike lane.  My reading of HB 971 doesn’t address any changes in rights of bicycles to sidewalks. read more…

HB 971, which was signed recently, includes a requirement for bicyclists to use lanes marked for bicycle use under some circumstances when they are present.  It will go into effect on September 1, 2010.

The section of interest is a change to s. 316.2065 – Bicycle Regulations, which will state:

(5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway ….

The change is highlighted. That would seem to be quite logical until the full impact is understood.

That provision will have no legal or enforcement effect if correctly applied.  It is unnecessary and redundant.

As the law presently stands, when a bicyclist is required to ride as close as practicable to the right-hand curb or edge of the roadway the cyclist would necessarily be required to ride in an existing bike lane.  There is no change to that requirement with the new language.

Please note that I said “WHEN a bicyclist is required to ride as close as practicable to the right-hand curb or edge of the roadway”.

The problem with the change is that it exacerbates an existing misunderstanding of the remaining part of (5)(a), the exceptions that permit a cyclist to leave the right-most curb or edge of the roadway, and reinforces the incorrect belief of many that cyclists are always required to “keep right”.   Some may now also believe that cyclists are always required to remain in bike lanes, which is also not true.

The rest of section (5)(a) is unchanged and continues:

(Keep right) except under any of the following situations:

1. When overtaking and passing another bicycle or vehicle proceeding in the same direction.

2. When preparing for a left turn at an intersection or into a private road or driveway.

3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge.

Presumably, if there is a proper bike lane, the section about substandard-width lanes will not be of concern, since the roadway with a bike lane will be wide enough to permit safe passing if the cyclist is in the bike lane.

Most people only know of the first part of (5)(a) and do not understand the exceptions.  That is true for motorists, many officers and many cyclists, who sometimes hazard themselves by doing things they think are required, such as always staying to the far right of the roadway.

With the new language, there will even greater misunderstanding of the exceptions.  Those who are not fully versed in safe cycling practices will now believe that cyclists are not only required to keep right, they are required to stay in the bike lane.  In other words “Get out of my way – Get in the bike lane -That’s what the law says.”

In fact, there will still be the same conditions that require a cyclist to leave the right side of the roadway, whether there is a bike lane or not.  The same ones that previously gave the cyclist the right to ride safely and move left to pass, prepare for a left turn, and avoid any unsafe condition.  Cyclists traveling at the same speed or faster than other traffic will still not be required to keep right or stay in the bike lane.

There are numerous reasons that this misunderstanding will worsen cyclists’ already existing plight.   I will just mention two.

Door Zone Bike Lanes

Roadway design criteria call for installing bicycle lanes immediately to the left of parked cars.   Those are inherently unsafe to cyclists traveling at more than a very slow speed, and are unsafe conditions for faster cyclists.

Even without the new provision in the law, cyclists are frequently warned to “Stay in the bike lane” by uninformed officers and motorists.  Uneducated and inexperienced cyclists will remain in the bike lane without understanding that doors will open illegally and dangerously without warning, causing the cyclists to either crash or swerve left at the last moment, possibly into the path of motor vehicles.

Intersections

A large percentage of crashes occur at intersections. An experienced rider will recognize an intersection as an unsafe condition and act accordingly.

Bicycle lanes are supposed to change from a solid white line to a dashed line before an intersection, indicating that the motorist should move as close to the right-hand curb or edge of the roadway as is practicable to prepare for a right turn, as the law requires, and the cyclist may leave the bike lane to be more visible and fall in behind other traffic to avoid conflict with a right-turning vehicle.

Too often, bike lanes are not properly installed and continue as solid lines to the intersection, giving the impression that cyclists must remain there, placing them in conflict with drivers who illegally and dangerously turn across the bike lane without yielding as required.

There are many other such examples that will worsen the misunderstanding of cyclists proper and legal roadway positioning.  One of the challenges of the Bicycle Law Enforcement Program will be to explain these circumstances.  That was already difficult, but will now be even of greater importance.

Question

Roxanne asked: I was pulled over today for riding my electric bicycle on the street.  What are the laws about this?  I was told I must to use the sidewalk and follow the pedestrian rules regarding intersections and traffic lights.  The officer also implied that I needed bicycle insurance. read more…