Bike Path Stop Pavement Markings

Question

Dan asked: Are pathway pavement markings indicating pathway users to stop at side streets and driveways – primarily in locations where adjacent roadway traffic isn’t required to stop – enforceable if there’s no corresponding traffic control device (i.e. STOP sign) in place?

Answer

Note that the statute about stop and yield intersections specifies signs.

s. 316.123 – Vehicle Entering Stop or Yield Intersection

(2)(a) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

This section in the federal Manual on Uniform Traffic Control Devices seems to indicate that pavement markings are not regulatory in themselves, but only supplemental to signage.

Section 3B.20 Pavement Word, Symbol, and Arrow Markings

Support:

Word, symbol, and arrow markings on the pavement are used for the purpose of guiding, warning, or regulating traffic. These pavement markings can be helpful to road users in some locations by supplementing signs and providing additional emphasis for important regulatory, warning, or guidance messages, because the markings do not require diversion of the road user’s attention from the roadway surface.

Option:

Word, symbol, and arrow markings, including those contained in the “Standard Highway Signs and Markings” book (see Section 1A.11), may be used as determined by engineering judgment to supplement signs and/or to provide additional emphasis for regulatory, warning, or guidance messages. Among the word, symbol, and arrow markings that may be used are the following:

A. Regulatory:

1. STOP

Other statutes may provide the order for yielding at intersections.

s. 316.121 – Vehicles Approaching or Entering Intersections

(3) The driver of a vehicle about to enter or cross a state-maintained road or highway from a paved or unpaved road and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on the state-maintained road or highway.

(4) The driver of a vehicle about to enter or cross a paved county-maintained or city-maintained road or highway from an unpaved road or highway and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on said paved road or highway.

After the cyclist safely and timely enters the crosswalk that is marked as such, that is with solid white lines delineating the crosswalk and optionally with other markings, approaching motorists must yield since the cyclist has the rights and duties of a pedestrian. Motorists must yield to pedestrians (and bicyclists) in a crosswalk.

s. 316.130 – Pedestrians; Traffic Regulations

(c) When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

See this post and the comments for further discussion of bike paths and crosswalks:

http://flbikelaw.org/2013/10/bike-path-crosswalk/