Luiz asked:  Can a bicyclist receive a ticket for crash?  Does the bicyclist have to have (and provide) liability insurance information when involved in an accident?

What if he did crash, in the rear, but the aftermath is a head concussion with memory loss? How it can be defended?

Can a bicyclist with an impeccable driving record have his driver’s license suspended for a bicycle accident?

Answer

We do not provide legal advice at this site. You should retain counsel to prepare a defense.  With regard to your other questions, the following statutes apply.

Bicyclists must comply with traffic law as must other drivers. Police officers enforce the traffic laws and issue Uniform Traffic Citations to motorists, bicyclists and pedestrians when appropriate.  That authority is defined in FS 316.640.

s. 316.640 – Enforcement

The enforcement of the traffic laws of this state is vested as follows ….

(The statute defines the jurisdictions and authority of various police officers.)

Bicyclists are not required to possess proof of financial responsibility or insurance.  That is a requirement to own and operate a motor vehicle.  A bicycle is not a motor vehicle.

s. 324.011 - Purpose of Chapter

It is the intent of this chapter to recognize the existing privilege to own or operate a motor vehicle on the public streets and highways of this state when such vehicles are used with due consideration for others and their property, and to promote safety and provide financial security requirements for such owners or operators whose responsibility it is to recompense others for injury to person or property caused by the operation of a motor vehicle. Therefore, it is required herein that the operator of a motor vehicle involved in a crash or convicted of certain traffic offenses meeting the operative provisions of s. 324.051(2) shall respond for such damages and show proof of financial ability to respond for damages in future accidents as a requisite to his or her future exercise of such privileges.

Driver’s of motor vehicles are required to possess a valid drivers’ license.  Again, bicyclists are not operating motor vehicles, and are not required to have a drivers’ license.

s. 322.03 - Drivers Must be Licensed; Penalties

(1)  Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license issued under this chapter.

(2) …. prior to issuing the driver’s license the department shall require such person to present proof of financial responsibility ….

A driver of a motor vehicle may lose a driver’s license due to an accumulation of points toward that license.  Since a drivers’ license is not required to operate a bicycle, points may not be awarded for traffic violations of the cyclist.  Please see this previous post that addresses that question.

http://flbikelaw.org/wp-admin/post.php?action=edit&post=146

Eric asked:  Near where I live there is an old bike lane that is about 15-20 years old. It has solid white lines right up to the intersection where I routinely turn right when I drive my truck there.

FS says I should get far to the right before making a right turn. I pretend there are dashed lines there and do so, that way a cyclist will have to slow down or stop behind me and I have no chance of right hooking him.

My wife says I will get a ticket. I say even if I do, I can prove the lane doesn’t follow AASHTO standards/ Florida Green book standards and I will win.

Who is right? (Well, given that the county judge understands the law).

Answer

Please see the post about bike lanes and right turns at:

http://flbikelaw.org/2009/08/138/

Keri asked:  FDOT recently restriped several blocks of 2 one-way roadways in downtown. Both streets have three lanes and now have bike lanes on the right side. For most of my trips on these streets, my destination must be accessed from the left lane. In accordance with 316.2065(5)(b), I have always just used the left lane for the length of the road, so as not to have to merge across three lanes of traffic. Will HB 971 take away my right to do that?

Answer

See also:

http://flbikelaw.org/2010/06/hb-971-–-bicycles-and-bicycle-lane/ and

http://flbikelaw.org/2010/07/more-hb-971/

This situation was present before HB 971.  Now it will be more easily misunderstood, since bike lanes are specifically mentioned in the HB 971.

Actually, I believe the correct description should be “four-lane roadway, one of which is a bike lane.”

FDOT PPM Glossary of Terms

(21) Travel Lane: The designated widths of roadway pavement marked to carry through traffic and to separate it from opposing traffic or traffic occupying other traffic lanes. Generally, travel lanes equate to the basic number of lanes for a facility.

FS 316.003- Definitions

(18) Laned Highway – A highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.

Subparagraph (b) of the Bicycle Regulations presently states that cyclists can use the left lane of such a roadway.   That is the case now even with the requirement to “keep right” in some circumstances.

FS 316.2065 – Bicycle Regulations (Will change on September 1, when HB 971 takes effect – See the link above)

(5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway ….

(b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.

Since the two subparagraphs, (a) and (b), are equally weighted in the statute, it would seem that the use of either to support safe cycling roadway positioning depending on your destination is appropriate.

Before HB 971, it was clear in the statutes that there was no requirement to comply with subparagraph (a), when on a one-way highway with one or more marked travel lanes, and not required to “keep right”.

There doesn’t seem to be any difference with HB 971.  Crossing three lanes of traffic to get to the bike lane, then crossing again at your destination would seem to be less safe and convenient.

Christopher asked:  I inline skate at an average speed of 13-15 mph in the bike lane on my local South Florida streets.  While 99% of the cyclists are very positive; with words of encouragement, allowing me to draft when I crank up to 16-18 mph and generally courteous, there are some that are negative with “Get out of the bike lane” and much worse.

Answer

Bicycle lanes are part of the roadway designated for preferential use by bicyclists.

Florida Department of Transportation Plans Preparation Manual

Bicycle Lane – A bicycle lane (bike lane) is a portion of the roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, special pavement markings, and signing for the preferential use by bicyclists.

Manual on Uniform Traffic Control Devices

Bicycle Lane – A portion of a roadway that has been designated for preferential or exclusive use by bicyclists by pavement markings and, if used, signs.

Preferential Lane – A highway lane reserved for the exclusive use of one or more specific types of vehicles or vehicles with at least a specific number of occupants.

Persons on roller skates are not permitted on the roadway, whether in the bike lane or not.

FS 316.2065 – Bicycle Regulations

(12) No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, may go  upon any roadway except while crossing a street on a crosswalk.

Although in-line skates are certainly serious exercise equipment these days, the statutes do not consider that.

Highway facilities are not designed for optimum use by all users, and some communities try to accommodate in-line skaters by not strictly enforcing this provision.  Some strictly enforce that sub-paragraph.  You should check with your local police department or sheriff’s office to determine the policy in your community.

Bob asked:  I was told by a University police officer yesterday that I had to use the bike lane (as opposed to riding on the adjacent sidewalk, which I was doing at the moment).  Is that correct?  I thought bicyclists still had the option to use the sidewalk, regardless of whether a bike lane on the street is present.  I think there’s a lot of confusion whether HB 971 prohibits sidewalk bicycle riding when the street has a bike lane.  My reading of HB 971 doesn’t address any changes in rights of bicycles to sidewalks.

Answer

Your reading of HB 971 is correct.  The change that will occur when the provisions of HB 971 go into effect on September 1 has nothing to do with riding a bicycle on the sidewalk, whether there is a bicycle lane or not.  That change only applies to cyclists in the roadway, as does the rest of that subsection of the bicycle regulations.  When amended, it will read as follows:

FS 316.2065 – Bicycle Regulations

(5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway ….

(And let’s not forget about all the exceptions in the law that allow cyclists to leave the ride side of the roadway, and situations that require a cyclist to use correct roadway position avoid unsafe conditions and other reasons.)

A sidewalk is not part of the roadway.

There is no Florida statute that prohibits cyclists from using the sidewalk.  See:

http://flbikelaw.org/2009/07/bicycles-on-sidewalks/

The university may have regulations that do prohibit cyclists from using sidewalks.  Check with the university police department.

Roxanne asked: I was pulled over today for riding my electric bicycle on the street.  What are the laws about this?  I was told I must to use the sidewalk and follow the pedestrian rules regarding intersections and traffic lights.  The officer also implied that I needed bicycle insurance.

Answer

If your motorized bicycle meets the definition of a bicycle, you are entitled to use the roadway just as any other vehicle.  See the following posts:

http://flbikelaw.org/2010/03/motorized-bicycles/

http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/

In the state of Florida, every person driving a registered vehicle must carry the state’s minimum coverage.

s. 324.021 - Definitions; Minimum Insurance Required

(1) Motor Vehicle – Every self-propelled vehicle which is designed and required to be licensed …. but not including any bicycle or moped.

s. 324.022 - Financial Responsibility for Property Damage

(1) Every owner or operator of a motor vehicle required to be registered in this state shall establish and maintain the ability to respond in damages for liability on account of accidents arising out of the use of the motor vehicle in the amount of $10,000 because of damage to, or destruction of, property of others in any one crash.

A bicycle is not a motor vehicle and is not a registered vehicle.  No insurance is required.

Melanie asked:  I have done some research and have discovered that an electric scooter is classified as a bicycle if: It can be powered manually (by pedaling) as well as have a power assist electric motor not to exceed 750 watts, a 25″ seat at its highest extension and will not exceed 20mph. A drivers’ license is not required to operate a “bicycle” as defined by Florida law.

Can an “electric assist motor scooter” be operated without a drivers’ license as well? Please do not refer me to the Florida statutes, I have gone over and over them and cannot come up with a clear conclusion of the law regarding this issue.

Answer

The purpose of this site is to discuss the laws. That’s great that you have already done your homework!  We hope everyone will learn about the laws and be able to answer these questions for themselves.

You are asking if your particular “electric assist motor scooter” meets the definition of bicycle in the statutes.  If it does, a drivers’ license is not required.  You will need to determine if your device is a motorized bicycle as described or a moped.  The statutes are not specific enough to cover every eventuality, and there are many and varied devices manufactured and in use.

There is no definition of “motorized bicycle” except the reference in the definition of “bicycle”.  The phrase in the statutes that may be operative may be “and including any device generally recognized as a bicycle”.  See this previous post:

http://flbikelaw.org/2010/03/motorized-bicycles/

You should ask the dealer or manufacturer of the device for the exact specifications, and compare them to the statutory requirements.  A local dealer should be able to advise you of any licensing or registration requirements.  If in doubt, take the specs and this information to the local Sheriff’s Office or police department and ask them.

These other previous posts discuss motorized bicycles and mopeds, and the registration and licensing requirements.

http://flbikelaw.org/2010/05/motorized-bicycles-2/

http://flbikelaw.org/2010/01/mopeds/

Franks asked: I was riding my bicycle and had my son attached to my bike via a small rope to the rear frame while he was on his skateboard holding on.

An officer stopped us and told me that “towing” him while on the sidewalk was illegal.

Now I’m aware that doing that on the road is, but on the sidewalk is, too?  Is the sidewalk considered the road also?

Answer

The applicable statute is:

FS 316.2065 – Bicycle Regulations

(4) No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may attach the same or himself or herself to any vehicle upon a roadway. This subsection does not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer is commercially available and has been designed for such attachment.

A sidewalk is not part of the roadway.

FS 316.003 – Definitions

(42) Roadway – That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

(47) Sidewalk – That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

I recommend that you provide this information to your local police department and ask for clarification.  There may be a local ordinance that applies.

Jeff asked: A ribbon of pavement exists to the right of the white stripe of the right-hand-most through traffic lane. It appears to have been designed and constructed to the specifications of a bicycle lane. However, there are no lane markings or signage indicating that it is a bicycle lane. What is it?
I forgot to mention that the right hand edge of this ribbon of pavement is bounded by a curb. Now, what is it? How is any layman supposed to know?

Answer

Excellent question!

Prior to the update of the Florida Department of Transportation planning and design guidance, their definition of  bicycle lanes included four parts:

Designated bike lanes on 1. Curb and gutter roadways, and 2. Flush shoulder roadways.

Undesignated bike lanes on 3. Curb and gutter roadways, and 4. Flush shoulder roadways.

What you describe is what was number 3, an undesignated bike lane on a curb and gutter roadway.

In January 2009, the new Plans Preparation Manual changed the definition of a bike lane to:

Bicycle Lane: A bicycle lane (bike lane) is a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, special pavement markings, and signing for the preferential use by bicyclists.

In the  2007 Florida Greenbook, the definition is similar to the new PPM definition.  It may have been changed since then, but that’s the version I have.

You may recall that the Department defines “roadway” as including the paved shoulder, but the statutes exclude the paved shoulder.

For the purpose of the laws, the ribbon you describe is simply part of the roadway since a curb is present, and if required to keep right under the circumstances, cyclists would be required to remain there, as close as is practicable to the rightmost curb or edge of the roadway.  If the “ribbon” is four -five feet wide, there is probably room to safely share the roadway.  Of course there are many exceptions to the “keep right” rule.  The solid white line represents a lane and is too narrow for motor vehicles, so they shouldn’t be there most of the time, but there is no special treatment such as a marked and signed bike lane.

The old markings will be around for a while.  They are meaningless and counterproductive, since many believe they are bike lanes.  In some cases, such markings are less than the required width for a bike lane, but some still think they are bike lanes.  One road near where I live has such a ribbon about two feet wide.

The Department’s new guidelines are a big improvement.

A layman can find out these things by asking Geo at this site.

John asked:  Recently my friend and I were stopped for impeding traffic on a road way of less than 14 feet. I looked up the law on your site which states on roadways less then 14 ft, the vehicle passes must use the oncoming lane to pass safely. The local Sheriff’s Department states that if a car must use the on coming lane to pass then it is interpreted as impeding traffic. My question is even if a single bicycle rider was passed on a 14 or less width roadway, then is not enough clearance to give the bicyclist 3 feet clearance on the pass without using the on coming lane. Which is it?

Answer

Please feel free to provide the information below to any law enforcement department.  We welcome any legal opinions, case law and court precedent.  We try to provide information that may not have been fully considered.

I wish it were as easy as 14 feet or not.  Our explanation of the 14 feet is a common sense application using all the available information and safe cycling practices.  There is no uniform interpretation of the traffic laws over all jurisdictions.  An example relating to this issue is this article:

http://flbikelaw.org/2010/03/two-citations-identical-circumstances-opposite-verdicts/

Most officers receive no formal training in the laws related to bicycling.  We hope to improve both of the above situations with the Bicycle Law Enforcement Program.

The bicycling community must step up and provide financial support to complete the program.  The cost will be about $100,000 for program development, web design, illustration, animation, filming and production and duplication and distribution.

Before we go any further, let’s correct the title of this article.  A proper title is:

Bicycles Impeding Other Traffic

Bicycles are a part of the normal mix of traffic.

FS 316.003 – Definitions

(57) Traffic –Pedestrians …. ridden and herded animals, and vehicles …. while using any street or highway for purposes of travel.

Bicycles are vehicles.

(2)  Bicycle – Every vehicle propelled solely by human power

Bicycle operators have the same rights and duties as other drivers

FS 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

In some situations, a bicyclist must keep to the right side of the roadway.  Even when keeping right, cyclists sometimes delay other traffic.  There are many circumstances require a cyclist to leave the right side of the roadway.

For the purpose of this discussion, assume the bicyclist is otherwise riding legally.

We will be considering a single cyclist or a line of cyclists, one behind the other.  Cyclists riding two abreast are discussed in another article:

http://flbikelaw.org/2009/07/cyclists-riding-two-abreast/

While most motorists are cooperative and try to insure the safety of all roadway users, some believe cyclists must avoid delaying them and do not understand or care about cyclists’ rights or safety.  They may not consider the many other things that delay them in the same way as bicyclist.

What does impeding traffic mean?  The act of impeding in itself is neither legal nor illegal.  Impeding may become unlawful if it is due to an unlawful act.

First, let’s define exactly what we are talking about when using the word “impede”.

One definition is simply to block or hinder.  Note that it is simply a physical act, and neither legal nor illegal.

Webster’ Dictionary

Impede – To retard in movement or progress by means of obstacles or hindrances; obstruct; hinder.

Impeding is not specifically defined in the statutes, but there is a description that might help.  Note the use of the phrase “normal and reasonable movement of traffic”.

FS 316.183 – Unlawful Speed

(5)  …. such a slow speed as to impede or block the normal and reasonable movement of traffic ….

What is reasonable and normal?

In many situations, traffic must actually come to a full stop, such as a school bus impeding traffic while embarking children, or an officer directing traffic.

These are examples of traffic being impeded and are certainly reasonable and normal.

Drivers are impeded all the time on the roadways.  When you are stopping for a traffic light or a stop sign, it is reasonable and normal.  Traffic signs and signals are intended to impede traffic.

Stopping to wait for traffic to clear so we can safely pass a stopped garbage truck or a mail carrier is reasonable and normal.

Stopping as required by law for a pedestrian in a marked or unmarked crosswalk at an intersection, or at a marked crosswalk in other locations.

Someone who cannot go as fast as they might like because of traffic is being impeded, but it is not necessarily unlawful.

A driver may want to drive at the speed limit, which 60 mph, but cannot safely pass another vehicle traveling at 57 mph due to oncoming traffic.  That happens all the time, and is reasonable and normal.  There is no unlawful act.

If a driver can pass by changing lanes in a reasonable amount of time, there is no unreasonable delay.

…. impede or block the normal and reasonable movement of traffic.

In lanes that are too narrow for a motor vehicle to safely pass a bicyclist within the lane, the motorist must change lanes to pass. That is the definition of a substandard-width lane, which is discussed in another article:

http://flbikelaw.org/2010/01/substandard-width-lanes-updated/

Assume the lane is 10 feet wide, certainly not wide enough for an 8 foot wide truck to safely pass within the lane.  If the adjacent lane is not clear, the motorist must wait.  The bicyclist is impeding traffic, but it is not unlawful.

We would all probably agree that a driver going 30 mph on the interstate highway, minimum speed 50, with no safety reason such as weather, etc, and causing other traffic to back up, would be illegally impeding traffic under FS 316.183.  That is not reasonable and normal.

The same would be true of a bicyclist impeding traffic on a limited access highway, which is clearly not legal because bicycles are not permitted there, and is not reasonable and normal.

FS 316.091 - Limited Access Facilities

(2)  …. no person shall operate upon a limited access facility any bicycle ….

If an action is not prohibited in the statutes, it is not unlawful.  Other than the two abreast situation in another article, there is nothing in the statutes that says that a bicyclist:

• Can impede traffic, or
• Cannot impede traffic

The statute that discusses bicyclists impeding traffic while riding abreast says that two cyclists riding abreast cannot impede traffic in some circumstances.  Surely that must mean that there are other conditions under which bicyclists not riding abreast may legally impede traffic.

Let’s go back to the statute about unlawful speed and impeding traffic.  Note that it applies only to motor vehicles.

FS 316.183 – Unlawful Speed

(5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic.

The definition of “motor vehicle” in the statutes specifically excludes bicycles.

FS 316.003 – Definitions

(21) Motor Vehicle -Any self-propelled vehicle …., but not including any bicycle

Bicyclists are not included in the statute above that prohibits motor vehicles from impeding the reasonable and normal movement of traffic.

We have determined that impeding traffic can be either legal or not legal.  Also, the statute about unlawful speed does not apply to bicycles.  The statutes neither prohibit nor allow bicyclists to impede traffic.

When otherwise riding legally, bicyclists by their nature are normally slower than motor vehicles.  If they were never allowed to cause other traffic to slow, they would effectively be prohibited from using the roadways.  That certainly was not the intent of the legislation giving bicyclists all the rights and duties of other drivers.

FS 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.

Let’s talk about a few cases of cyclists operating legally in situations that may slow other traffic.

When the statute states that a cyclist is required to keep right except under certain circumstances, such as unsafe conditions, it is implied that that other traffic may be affected.

The details of the circumstances requiring a bicyclist to keep right and the exceptions will be discussed in detail in other articles.  For now, let’s just concentrate on the concept of impeding traffic when otherwise operating legally.  These are a few situations in which a cyclist may need to leave the right side of the roadway to operate safely.

FS 316.2065 – Bicycle Regulations

(5)(a) Any person operating a bicycle …. shall (keep right) except under any of the following situations:

1. When overtaking and passing

2. When preparing for a left turn

3. When reasonably necessary to avoid any (unsafe) condition.

One statute is quite specific about the cyclist impeding traffic legally.  When preparing for a left turn, a cyclist may use the full lane from which the turn will be made.

FS 316.151 - Required Position and Method of Turning at Intersections

A person riding a bicycle and intending to turn left in accordance with this section is entitled to the full use of the lane from which the turn may legally be made.

Clearly, the intent is that the cyclist will sometimes impede other traffic, but it is the safest operation and is entirely legal.  Safety is always paramount in the statutes.

Even though the other statutes are not as specific, when a cyclist is otherwise riding legally and impeding other traffic, there is no violation.

A national program for law enforcement officers discusses bicyclists impeding traffic.

National Highway Traffic Safety Administration (NHTSA)

Enhancing Bicycle Safety: Law Enforcement’s Role

Some people believe it is illegal for a bicyclist to travel on the road if other traffic has to slow down – such a cyclist would be impeding traffic. However, this belief has no basis in law.

Some States have statutes to prohibit impeding traffic, with language such as the following: “No person shall operate a motor vehicle upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic unless the reduced speed is necessary for safe operation.  These statutes usually specifically apply to motor vehicles.

Even if the statute does not use the term “motor vehicle,” it is clear that traveling a bicycle at normal bicycle speeds is not a violation of this rule. Such an interpretation would have the effect of prohibiting bicycles on many roads, which is clearly not what was intended.

In Florida law, cyclists have the same rights and duties as other drivers, which would not be the case if cyclists were prohibited from use of the roads.

FS 316.2065 – Bicycle Regulations

Same rights and duties of other drivers

The NHTSA program is not specific to each state’s traffic laws.  Florida’s Bicycle Law Enforcement Program will supplement the national program by providing Florida-specific statutes.

The national program is available on CD-ROM at no cost by sending a fax to 301-386-2194.

Although a bicyclist can legally impede other traffic under some circumstances, the cyclist cannot disrupt traffic by moving right or left in the roadway at will.

Bicyclists are operators of vehicles and are subject to all other traffic laws, including those that dictate safe lateral movement in the roadway.