Bike Racks

Question

Mike asked: I read all the posts regarding the FL definition of a “scooter” powered by electricity with pedals. It seems to be clear that it is technically a bicycle if it goes no more than 20mph.  My question, which I thought would be common, can this pedal capable electric scooter be chained up at a typical bike rack for free instead of being parked at a metered parking space?

Answer

My apologies the delay, but I have been out of touch for a few days.

There is no state statute that specifies the type of vehicle that can be parked at a bike rack.  You should check the local ordinances for other regulations in your community.  When in doubt, check with your local police.

When you use the term “pedal capable electric scooter”, we don’t really know what that is.  If you are talking about an electric assist motor on a bicycle, it is very specifically defined in the statutes.  See the posts in the tag cloud for  “motorized bicycles”.

I doubt there would be any objection to parking a bicycle with electric assist motor at a bike rack if it meets the definition of “bicycle.”

Other motorized vehicles would probably be subject to greater scrutiny if parked at a bike rack.

Driving a motorized vehicle or parking any vehicle on the sidewalk is unlawful.

s. 316.1945Stopping, 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:

(a) Stop, stand, or park a vehicle:

2. On a sidewalk.

s. 316.1995Driving upon Sidewalk or Bicycle Path

(1) …. a person may not 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.

Posted in Ask Geo, Misc Tagged with: , ,
2 comments on “Bike Racks
  1. Mark says:

    My Sisters Husband was hit from behind by a car while riding his bike on a road with no bike lane. The driver of the car was not ticketed, nor was my brother in-law. he was airlifted to the hospital and has many injuries. My question is .. If bikes have to follow the same laws as cars why don’t they have the same rights as cars. If you rear end a car you are at fault most of the time, but it appears cars can run over bikes and not be at fault. This just happened a week and a half ago in Dunedin.

  2. Geo says:

    “If bikes have to follow the same laws as cars why don’t they have the same rights as cars?”

    s. 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

    As you can see from the statute, we have the same rights and duties. We live in a motor vehicle centric society and there is sometimes an assumption by law enforcement and others that a cyclist is at fault in a crash.

    Changing that thought process is difficult and is one of the main goals of the FBA. We all need to support them and other advocacy groups that are fighting for our rights. There are probably many reading this that are not members and are not actively participating in advocacy efforts. When was the last time all of you attended a County Commission or Bike/Ped Committee meeting for example?

    That’s the problem. Until 100 cyclists appear at every government meeting to speak out, we will continue the past trend and remain second class citizens.

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