Bicyclists in Crosswalks

Question

Mike asked:  I understand that a cyclist is considered a pedestrian when they travel on the sidewalk although they must yield to “real pedestrians” who are afoot.

What happens when a cyclist is using a sidewalk and then cycles across a crosswalk on the street?   Does the cyclist still maintain status as a pedestrian while in the crosswalk?  Or, do they become a cyclist the moment they move into the street?

Answer

A bicyclist a on sidewalk or crosswalk is not a pedestrian.  He/She has the rights and duties of a pedestrian, but is still operating a vehicle.  A pedestrian is someone afoot.

s. 316.003 – Definitions

(28) Pedestrian – Any person afoot.

Please see:

http://flbikelaw.org/2011/08/driveways-and-bicycles-2/

Posted in Ask Geo, Sidewalks & Crosswalks Tagged with: , ,
5 comments on “Bicyclists in Crosswalks
  1. Nathan says:

    That doesn’t answer the question, which is whether you continue to have the rights and duties of a pedestrian when in a crosswalk. The answer is yes per 316.2065: “A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk”.

    • Dwight says:

      To complete the quotation of s. 316.2065(10): “…has all the rights and duties applicable to a pedestrian under the same circumstances.” However, duties of a bicycle operator described in other subsections are not necessarily completely waived in case of sidewalk-crosswalk use. Additional duties include (1) must yield to pedestrian on sidewalk or crosswalk, (2) must give “audible warning” when overtaking a pedestrian on sidewalk or crosswalk, (3) must comply with bicycle user requirements that apply generally , e.g., requirement that “Every bicycle in use between sunset and sunrise shall be equipped with a lamp…[etc.]”.

  2. Mike Lasche says:

    Thanks for thc clarifying comment, Nathan.

    Mike Lasche
    Executive Director
    Florida Walks and Bikes

  3. Mary Elizabeth McIlvane says:

    Bicyclist walking a bike, e.g. vehicle, across a crosswalk with wlak and no walk signs on both ends

    Is the person still subject to Vehilce . if identified on a citation as V2, then do I assume the bicylist vehicle laws pertain.

    If the V2 does not get to the opposite side of the crosswalk before the light changes what is the responsibilit of the V2 .. stand on medium with bike off the road, go forward and compolete the crosswalk. What is the V2 is on the medium and the reat of the bike extends on to the highway.

    I am cited for careless driving when the rear of my car hit teh V2. I do not know how that could happen unless teh V2 was moved as I made a left hand turn.

  4. Geo says:

    Your situation isn’t very clear, but it sounds like you were driving and made a left turn and struck a bicycle that was stopped in the median and protruded into the roadway, or your vehicle entered the median and struck the bicycle.
    A person walking a bicycle is a pedestrian. The pedestrian laws apply, not those applicable to bicyclists. Pedestrians must comply with the signal devices, in this case, the walk/don’t walk signals.
    If a pedestrian can’t make it fully across the roadway in the signal time allotted and stops in the median, there is no violation unless the bicycle is left partially in the roadway, in which case the pedestrian may be at fault for obstructing the roadway.
    The bicycle is still a vehicle, even if it is not being ridden, but is only an object that the pedestrian is transporting across the road.
    Without all of the details, it is not possible to determine the validity of the citation, your responsibility or that of the pedestrian.

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