David asked: In July on this year my brother was killed in a bicycle accident. He was riding in a neighborhood bike lane, marked as a bike lane with a bicycle and arrow, he ran into a trailer parked in the bike lane. The trailer completely blocked the lane. Apparently he was looking down at the road or the gps, and didn’t see the trailer. He had just come around a right hand turn and then a left turn, and the trailer was there. A witness said he never looked up.
In talking to the investigating officer, he said the bike lane law contradicted it self and it was permissible to park in the bike lane, therefore he was not going to file any charges against the trailer owner. I noticed in this subdivision a few days after the incident other cars parked the bike lane on the opposite side of the street from the accident. Is this correct, or should charges be filed, I understand it will only be a misdemeanor as there are not penalties for blocking a bike lane.
You have our condolences for your loss.
There is no contradiction in the law. It is quite clear.
s. 316.1945 – Stopping, 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:
(b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
6. On an exclusive bicycle lane.
The only question might be that there is no statutory definition of “bicycle lane” in the traffic statutes, but that is clearly defined in other legal documents. Please see these posts for a full discussion:
The penalty for parking in a bike lane is this:
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation