Comments on: Bicycles on Private Roads http://flbikelaw.org/2010/04/bicycles-on-private-roads/ Questions, answers and news about Florida bicycle laws and law enforcement Sun, 13 May 2012 12:08:51 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Jayeson http://flbikelaw.org/2010/04/bicycles-on-private-roads/comment-page-1/#comment-427 Jayeson Sun, 02 May 2010 04:22:37 +0000 http://flbikelaw.org/?p=499#comment-427 Since the answer to my question was relevant to my own selection of bike routes, I dug around some. Using the maps from the website of my county property appraiser I discovered that roads I believed to be private (behind gates or private road signs) belonged to private entities. For roads that were certainly public, the property appraiser had no records. As for what goes for a given private road I have no clue on how to figure that out but it doesn't seem to affect any of the roads I am interested in anyway. That is, private roads I looked at in my county were either gated or didn't go anywhere. Since the answer to my question was relevant to my own selection of bike routes, I dug around some. Using the maps from the website of my county property appraiser I discovered that roads I believed to be private (behind gates or private road signs) belonged to private entities. For roads that were certainly public, the property appraiser had no records. As for what goes for a given private road I have no clue on how to figure that out but it doesn’t seem to affect any of the roads I am interested in anyway. That is, private roads I looked at in my county were either gated or didn’t go anywhere.

]]> By: Frank http://flbikelaw.org/2010/04/bicycles-on-private-roads/comment-page-1/#comment-379 Frank Sun, 25 Apr 2010 22:32:59 +0000 http://flbikelaw.org/?p=499#comment-379 Related Comment: (which will also answer Jayeson's ques) With my electric bicycle, my HOA said to me, that they don't allow me to ride it in the complex, because it's a motorized bicycle (which the HOA laws prohibit).. I then asked a Sherriff that lives in the Community about it (Because FL law states an electric bicycle is just a reg bicycle and since it's a reg bicycle (which the HOA allows) , then I should be able to use it whether they like it or not.) He explained to me that since it's a private road, they can allow or disallow any type of vehicular traffic (re: motorcycles, pickups, etc) and that he can't even give someone a ticket for going through the STOP signs located throughout the complex, because they aren't "State Regulated" STOP signs. So as Geo said before it depends (I guess) on whether the HOA allows the State to Regulate their roads are not. I would say look in the HOA bylaws to see if there are any stipulations about bicycle travel on their roads. (Or any state involvement or non involvement) Related Comment: (which will also answer Jayeson’s ques)

With my electric bicycle, my HOA said to me, that they don’t allow me to ride it in the complex, because it’s a motorized bicycle (which the HOA laws prohibit)..

I then asked a Sherriff that lives in the Community about it (Because FL law states an electric bicycle is just a reg bicycle and since it’s a reg bicycle (which the HOA allows) , then I should be able to use it whether they like it or not.)

He explained to me that since it’s a private road, they can allow or disallow any type of vehicular traffic (re: motorcycles, pickups, etc) and that he can’t even give someone a ticket for going through the STOP signs located throughout the complex, because they aren’t “State Regulated” STOP signs.

So as Geo said before it depends (I guess) on whether the HOA allows the State to Regulate their roads are not.

I would say look in the HOA bylaws to see if there are any stipulations about bicycle travel on their roads. (Or any state involvement or non involvement)

]]> By: Geo http://flbikelaw.org/2010/04/bicycles-on-private-roads/comment-page-1/#comment-378 Geo Sun, 25 Apr 2010 18:36:18 +0000 http://flbikelaw.org/?p=499#comment-378 Interesting questions, but beyond the scope of this site. We limit our discussions to laws related to bicycling. You may want to address the question of how law enforcement officers know what is within their jurisdiction to your local agency. The other questions are related to land use, and you may want to ask your county or city attorney. Interesting questions, but beyond the scope of this site. We limit our discussions to laws related to bicycling. You may want to address the question of how law enforcement officers know what is within their jurisdiction to your local agency. The other questions are related to land use, and you may want to ask your county or city attorney.

]]> By: Jayeson http://flbikelaw.org/2010/04/bicycles-on-private-roads/comment-page-1/#comment-377 Jayeson Sun, 25 Apr 2010 15:50:36 +0000 http://flbikelaw.org/?p=499#comment-377 This opens the question of how to determine what applies to a given road. Can law enforcement even quickly determine when it has jurisdiction? Related, if a private road is subject to state traffic laws then does that also allow public access? Or to word another way, what laws govern when someone may travel on a private roadway? In the event a private road owner can selectively grant access, then is there a law that would prevent granting access to just motor vehicles? This opens the question of how to determine what applies to a given road. Can law enforcement even quickly determine when it has jurisdiction?

Related, if a private road is subject to state traffic laws then does that also allow public access? Or to word another way, what laws govern when someone may travel on a private roadway? In the event a private road owner can selectively grant access, then is there a law that would prevent granting access to just motor vehicles?

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