Definition of Roadway
Nathan asked: You’re required to ride as far to the right as practicable, but what if there’s a barrier between two sections of pavement in the same right-of-way? Do you have to use a continuous frontage road rather than the main lanes? Do you have to use a ramp rather than go over an overpass (e.g. SR 50 at SR 436, where the “undesignated bike lane” takes the exit and crosses at-grade)? Are you allowed to use a flyover ramp for turning left (in one case in Miami the ramp is signed to prohibit bikes, despite a prohibition on turning left at surface level)?
To begin, there are many circumstances in which you are not required to “keep right”. See other posts on this site.
I don’t know the exact circumstances of your situation, but it seems that both routes are separate roadways. There is no such thing as an “undesignated bike lane” since the change a couple of years ago. If it is not a marked bike lane, it is a roadway, a sidewalk or a paved shoulder, depending on the design. Normally, we only use the first part of this definition for roadway, but the second sentence seems to explain your situation if the section to the right is also a roadway.
s 316.003 – Definitions
(42) Roadway – That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term “roadway” as used herein refers to any such roadway separately, but not to all such roadways collectively.
Bicyclists are drivers of vehicles with the same rights and duties as other drivers. Any signage such as “bikes prohibited” must be backed by an ordinance, statute or regulation. This doesn’t seem to be a limited access highway, on which bicycles are prohibited by statute.
I suggest you contact your local authorities and describe the situation and ask them to resolve it. This kind of action can best be accomplished through the county Bicycle/Pedestrian Advisory Committee or a local club.
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