Recumbent Drivers’ Rights and Duties

Question

Jeremy asked: What laws are different for a tricycle (I have a recumbent tadpole-style, not electric) than for a bicycle?

Answer

Your vehicle likely does not meet the minimum seat height to be defined as a bicycle.

s. 316.003 – Definitions

(3) Bicycle – Every vehicle propelled solely by human power …. having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device.

I believe the statutory definition was written to exclude toy vehicles and was before the popularity of recumbents. FBA is addressing that in their legislative agenda.

For exclusively human-powered vehicles, including human powered recumbents, it is not a problem since the statute applies rights and duties to “human powered” vehicles, whether they are bicycles or not. You would have the same rights and duties as other drivers.

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 ….

Those rights and duties are discussed in other posts on this site.

Posted in Ask Geo, Definitions, Rights & Duties

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