Can Pedestrians Use Bicycle Lanes?

Question

Keith asked:  I almost had a head on collision with a runner in the bike lane the other morning, it was 5.45 am totally dark and he or she was invisible.  I emailed the Mayor as to the city’s position on runners running in the road in the bike lane even though it is signposted everywhere as BIKE LANE ONLY and there are sidewalks available. His response was surprising and disappointing and I wondered if anyone out there might know if he was legally wrong?? He said:

“By state law, bike lanes are actually designated for Non Vehicular use, walking, running, bikes, roller blades etc.  So yes, they do have the right to be there, and generally bikers are to yield to pedestrian traffic.”

Answer

To begin, let’s distinguish between a “bike lane” and a “bike path”.

A bicycle path is defined in the statutes.

FS 316.003 – Definitions

(63) Bicycle Path – Any road, path or way that is open to bicycle travel, which road, path or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way.

Indeed, a motor vehicle cannot be driven on a bicycle path.

FS 316.1995 – Driving upon Sidewalk or Bicycle Path

No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway ….

Although there is no statutory definition of “bicycle lane”, it is defined in many other places as part of the roadway.

American Association of State Highway and Transportation Officials

Bicycle Lane or Bike Lane – A portion of the roadway which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists.

Manual on Uniform Traffic Control Devices (Adopted by the Florida Department of Transportation)

Bicycle Lane – A portion of the roadway that has been designated for the preferential or exclusive use by bicyclists by pavement markings and, if used, signs.

Florida Department of Transportation Plans Preparation Manual

Bicycle Lane – A bicycle lane (bike lane) is a portion of the roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, special pavement markings, and signing for the preferential use by bicyclists.

Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways.

Bicycle Lane (Bike Lane) – A portion of the roadway (typically 4-5 ft) which has been designated by signing and pavement markings for the preferential or exclusive use by bicyclists.

Roadways are for the use of vehicles.

FS 316.003 – Definitions

(42) Roadway – That portion of a highway improved, designed, or ordinarily used for vehicular travel ….

A bicycle is a vehicle.

(2) Bicycle – Every vehicle propelled solely by human power …..

Bicyclists have the same rights and duties as drivers of other vehicles.

FS 316.2065 – Bicycle Regulations

(1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle ….

Sidewalks are for pedestrians.

(47) Sidewalk – That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

Walkers and runners are pedestrians.

(28) Pedestrian – Any person afoot.

Pedestrians must use sidewalks when available, or must use the shoulder.

FS 316.130 – Pedestrians; Traffic Regulations

(3) Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular travel.

(4) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway ….

Pedestrians may not leave a place of safety and walk into the path of a vehicle.

(8) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle ….

Bicyclists may use the sidewalk, but must yield to pedestrians

FS 316.2065 – Bicycle Regulations

(10) A person propelling a vehicle by human power upon and along a sidewalk …. has all the right and duties applicable to a pedestrian ….

(11) …. shall yield the right of way to any pedestrian ….

Another related section of the Bicycle Regulations prohibits the use of roller skates on the roadway.

(12) No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, may go  upon any roadway except while crossing a street on a crosswalk ….

As always, we welcome any formal legal opinions or case law bearing on the topics on this site.  If anyone has information that amplifies the above or offers a contrary view, please forward same.