Mike asked:  I understand that a cyclist is considered a pedestrian when they travel on the sidewalk although they must yield to “real pedestrians” who are afoot.

What happens when a cyclist is using a sidewalk and then cycles across a crosswalk on the street?   Does the cyclist still maintain status as a pedestrian while in the crosswalk?  Or, do they become a cyclist the moment they move into the street?

Answer

A bicyclist a on sidewalk or crosswalk is not a pedestrian.  He/She has the rights and duties of a pedestrian, but is still operating a vehicle.  A pedestrian is someone afoot.

s. 316.003 – Definitions

(28) Pedestrian - Any person afoot.

Please see:

http://flbikelaw.org/2011/08/driveways-and-bicycles-2/

Mike also asked: Florida Statues define a crosswalk as existing within the lines of sidewalks approaching a street.   And the statutes are strong regarding the rights of pedestrians within those crosswalks.

What if it is an intersection of a trail, like the Legacy Trail, and a street?   Does Florida Statute define it as a crosswalk when a trail crosses a road?

My concern is that someone could argue that since it is trail crossing, that it is not technically a crosswalk, because there are not sidewalks approaching the road.

Answer

Bicyclists on a bicycle path do not have the rights and duties of pedestrians since they are not on a sidewalk.

A bicycle trail or multi-use trail is a bicycle path and not a sidewalk.  The statutory definition is:

s. 316.003 – Definitions

(63) Bicycle Path – Any road, path, or way that is open to bicycle travel, which road, path, or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way.

A bicycle path meets the requirements to be a roadway, even though motorized vehicles are prohibited.

(42) Roadway - That portion of a highway improved, designed, or ordinarily used for vehicular travel.

(53) Street or Highway

(a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic

Your description of a crosswalk is essentially correct, but not applicable to the question of bicyclists on bicycle paths.

(6) Crosswalk

(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.

(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Bicyclists on a bicycle path that intersects with another roadway do not have the rights and duties of pedestrians, since they are not on a sidewalk.  They must follow the laws related to drivers of vehicles at intersections.

Bicyclist on a bicycle path facing a stop sign must stop and yield to other traffic.

If no stop sign is present, they must comply with applicable law.

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.

Nathan asked: Is there a legal way to walk with traffic on a one-way street without sidewalks? Or do you have to go to the next block?

Answer

The applicable statute is:

s. 316.130 – Pedestrians; Traffic Regulations

(3) Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.

(4) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.

Ron asked: Two touring cyclists were rear-ended and killed in Darien, Georgia over the weekend:

http://www.news-journalonline.com/news/local/west-volusia/2012/04/28/2-osteen-cyclists-killed-in-georgia.html

Last year I we all lost a great friend when he was rear-ended and killed on SR11 north of DeLand:

http://www.news-journalonline.com/breakingnews/2011/08/bicyclist-killed-in-collision-with-van.html

My question is this: is information regarding the outcome of investigations into such tragedies a matter of public record and available to anyone interested?

Attempts I have made into the DeLand accident received no response form FHP.

Answer

This is the link to the information about obtaining crash reports.

http://www.flhsmv.gov/fhp/misc/CrashReport/

Mark asked: I live (and ride) along the East Coast of Florida (in Fort Lauderdale) and when I am in the bike lane on A1A (headed north) there is no traffic on my right hand side, as of course it is the Atlantic Ocean. Do I still need to stop at a red light if I am going straight and I am in the bike lane? The only possibility of an accident would be someone turning from a perpendicular road that would be heading north (as it is a one way road) and if that driver turned too wide and went into the bike lane. Obviously this is a very real possibility, however I was just wondering if I am still required by law to stop at said red light or can I proceed at my own risk?

Answer

Short answer:  Yes, you are required to stop for the red light.

Actually there is another possibility of an accident, that of your colliding with a pedestrian legally crossing the roadway.

The applicable statute is:

s. 316.075 – Traffic Control Signal Devices

(c) Steady red indication

1. Vehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown

A similar statute applies to intersections with stop signs.

s. 316.123 – Vehicle Entering Stop or Yield Intersection

(2)(a) …. 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.

A bike lane is part of the roadway as defined in both Florida and national roadway guidelines.

FDOT Plans Preparation Manual

3. 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 and special pavement markings for the preferential use by bicyclists.

Manual on Uniform Traffic Control Devices

23. 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.

Roadway is defined in Florida statutes.

s.316.003 – Definitions

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

The MUTCD defines it further by considering bicyclists on the shoulder.

178. Roadway—that portion of a highway improved, designed, or ordinarily used for vehicular travel and parking lanes, but exclusive of the sidewalk, berm, or shoulder (Not marked as a bike lane) even though such sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles.

A properly marked bike lane will incorporate the stop bar across the entire roadway, including the bike lane.

MUTCD

224. Stop Line—A solid white pavement marking line extending across approach lanes to indicate the point at which a stop is intended or required to be made.

The same is true of crosswalk markings.  Note the use of the term “traversable roadway,” which includes the bike lane.

44. Crosswalk

(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway, and in the absence of a sidewalk on one side of the roadway, the part of a roadway included within the extension of the lateral lines of the sidewalk at right angles to the center line; (b) any portion of a roadway at an intersection or elsewhere distinctly indicated as a pedestrian crossing by pavement marking lines on the surface, which might be supplemented by contrasting pavement texture, style, or color.

See also:

http://flbikelaw.org/2012/04/t-intersection-crosswalk/

Eric commented:  Every once in a while people like to argue about why lane splitting or filtering should be legal. In my experience, people that make a habit of passing cars on the right, whether in a designated bicycle lane or not, have many “interesting” stories about how dangerous bicycling is. So, when I arrive at a line of stopped cars, I get in line behind them. This, of course “wastes time”, but I can assure you that the small amount of time I waste waiting for the light to change is nothing compared to the time this man will be wasting.  Hazard a guess as to which statute they charged this fellow with?

http://www.news-press.com/article/20120415/NEWS0102/120416001/Naples-bicyclist-injured-February-crash-ruled-fault

Answer

It is difficult to understand the exact circumstances from the article.  Depending on the circumstances, que-jumping or lane splitting can be safe and legal, usually due to lane width.  Cyclists regularly do it in other circumstances which are not legal or safe.  See these posts and the article on CommuteOrlando.com

http://flbikelaw.org/2012/02/passing-on-the-right/

http://flbikelaw.org/2011/06/queue-jumping-bicyclists/

http://commuteorlando.com/wordpress/2008/09/08/cue-jumping/

Nathan asked: You’ve said that FDOT no longer uses undesignated bike lanes. Is this why I’ve been recently seeing bike lanes that exist only to the left of right-turn lanes, and revert to shoulder before and after (forcing a cyclist to use the shoulder after the intersection, since it’s illegal to change lanes in an intersection)? I’ve seen these both at new right-turn lane installations on existing roads: http://maps.google.com/maps?hl=en&ll=29.777816,-81.641454&spn=0.008325,0.016512&gl=us&t=m&z=17&layer=c&cbll=29.777492,-81.641273&panoid=krMJ6TrqfD7Owavx0C42MQ&cbp=12,335.97,,0,8.36

and on recent widenings of rural highways: http://maps.google.com/maps?hl=en&ll=30.605358,-86.950672&spn=0.008255,0.016512&gl=us&t=m&z=17&layer=c&cbll=30.605241,-86.950558&panoid=X4-X3CdhvVO_ptMWbvB8SA&cbp=12,330.83,,0,9.24

Answer

The intersection you show is the correct installation of bike lanes to the left of the right turn only lane.

FDOT Plans Preparation Manual

8.4.1 – Bicycle Lanes

At intersections with right turn lanes, the bicycle lane shall continue adjacent to the through lane; between the through lane and the right turn lane, and shall be 5 feet in width for new construction and reconstruction projects.

This configuration usually provides for a continuous bike lane through the intersection and minimizes the conflict with right-turning vehicles.  It does require moving from the paved shoulder bike lane to the next lane before entering the intersection.

If the paved shoulder is not marked for the use of bicycles, bicyclists are not required to use it.

Scott asked:  Are lights required (for a bicycle) during daylight when it is raining?

Answer

The section in the Bicycle Regulations does not mention the requirement to use lights except sunset to sunrise.

s. 316.2065 – Bicycle Regulations

(8) Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp and reflector on the rear each exhibiting a red light visible from a distance of 600 feet to the rear. A bicycle or its rider may be equipped with lights or reflectors in addition to those required by this section.

However, another statute requires the use of lights for all vehicles at other times, and seems to apply to bicycles.

s. 316.217 – When Lighted Lamps are Required

(1) Every vehicle operated upon a highway within this state shall display lighted lamps and illuminating devices as herein respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles, under the following conditions;

(a) At any time from sunset to sunrise including the twilight hours. Twilight hours shall mean the time between sunset and full night or between full night and sunrise.

(b) During any rain, smoke, or fog.

Scott asked:  Last week I was stopped by a LEO in Palm Springs, FL while riding my bike on a 25mph 10′ wide lane on a residential street.  My lane position was slightly left of the right tire track.  The LEO insisted first that I must ride 3 feet from the road edge, then after reviewing the statute he insisted all the way to the road edge.  He threatened to cite me if I didn’t comply. What is the correct lane position on such a road and am I required to move over for traffic wishing to travel at a higher rate of speed. Or are they required to pass when it is safe to do so?

Answer

Please see:

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

For other posts about this topic click on “substandard-width lanes,” “narrow lanes” and “lane position” in the tag cloud on the intro page.

I suggest that you provide this information to the police department and ask them to inform their officers.  This is another post that might be helpful to them.

http://flbikelaw.org/2010/04/a-department-bulletin-to-help-officers-understand-cyclist-safety-and-lane-use/

Frugopolis asked: What is the proper side to pass a bus stopped at a bus stop? Sometimes they stop in the lane of traffic leaving the shoulder open for me to pass on the right, but departing bus passengers are a hazard. Likewise, passing on the left requires riding into the lane of traffic.

Answer

Passing should be accomplished on the left except when passing on the right is specifically allowed.

s. 316.083 – Overtaking and Passing a Vehicle

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction …. shall pass to the left thereof at a safe distance.

s. 316.084 – When Overtaking on the Right is Permitted

(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;

(c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

The statute goes on to state,

(2) …. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

That does not account for the fact that bicyclists are permitted to leave the roadway and use the paved shoulder.  It would appear that cyclists can pass on the right on a paved shoulder when a motorist is prohibited from doing so.

The paved shoulder is not part of the roadway.

s. 316.003 – Definitions

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

An overtaking driver must always use caution.

s. 316.084 (Continued)

(2) The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety.

The statutes seem to permit bicyclists to overtake and pass either on the left in the roadway, or on the right using the shoulder.  The burden for safety in either case is on the overtaking driver, in this case the cyclist.

One last word of caution has to do with passing a vehicle stopped at a crosswalk.

s. 316.130 – Pedestrians, Traffic Regulations

(9) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

Other conditions are imposed on passing as described in this post:

http://flbikelaw.org/2010/02/passing-with-oncoming-bicycles/