Marcelo asked:  I have my bicycle in the storage room of a condominium.  Someone broke my bike twice last year while it was inside the storage. I e-mailed the condominium administrator asking to do something, but she said that they can not do anything for me and if I’m unsatisfied with that, I should take my bicycles to my condo.  Is this legal, what responsibilities a condominium have with our bicycles?

Answer

There is no specific statute that addresses this.  You always have the option of reporting the incident to the police if you believe a criminal act has resulted in the damage.  The responsibilities of the condominium are laid out in the official documents you signed.  You should read them carefully.  My guess is that there is a provision that says they are not responsible for articles in the shared storage area.

There are statutes that deal with the operations of condominiums, but they are not within the scope of this site.  This is likely a civil matter and you should contact an attorney to determine any liability on the part of the condominium.

You may want to check with your insurance company to see if this damage is covered under your policy.

Judy asked:  If I am backing out of my driveway and a bicyclist is using the sidewalk, which crosses my driveway, which one of us has the right-of-way? Obviously, I look before I back out, but I have seen kids in my neighborhood who race up and down the sidewalks, where there are hedges, trees, etc., obstructing full views from a driver’s seat of an auto, and suddenly there is a car backing out of his own driveway, not even seeing that a kid is racing by on his bike.  What does the law say?

Answer

Motorists must stop and yield to bicyclists and pedestrians when entering the roadway across a sidewalk area.  Please see:

http://flbikelaw.org/2010/08/crosswalks-driveways-and-bicycles/

Victoria asked:  My 22-year old son works in a restaurant.  He works different shifts, one night he was asked to work but he was not scheduled. That night, someone stole his bike, which was chained up.  My son did not file a police report because his manager told him that it is useless to file for a police report.  We are only here in Florida for more than a month and we are new to the laws.  My question is, since the bike was stolen on the business property, and my son was not scheduled to work, could he claim the loss from his employer?  What can my son do on his part?

Answer

You should report the loss to the police with all identifying information you have.  It is possible that they could recover it.

Whether your loss should be covered by the employer is a civil matter and not within the scope of this site.  You might ask the employer to file a claim with the insurance company, but any comment about legal responsibility would be legal advice, which also is not the subject of this site.  You may want to seek the counsel of an attorney.

Deborah asked:  Two weeks ago someone stole my bicycle from my porch in Seminole Heights.  I cannot report it missing because I cannot even prove that the bike is mine because I bought it used off of Craig’s list. I did not take down any serial numbers.   I have a photo of the bike–it is a three speed Next bike called a Monerey.   I believe it is possible the police could have confiscated the bike from a ditch or something.  Where and how can I find out if police have it or not? I did not file a police report.

Answer

The purpose of this site is to discuss the laws related to bicycling, but we will make an exception in this case to make the point that we should all do everything we can to prevent bike theft.

Needless to say, locking a bike is the first deterrent.  Many stolen bikes are the result of a crime of opportunity and if a lock is present, even a very inexpensive one, the thief may move on.  Having a full identity is important for possible recovery.  Most bikes have a serial number stamped below the bottom bracket (Under the pedals).

Don’t assume that since you don’t have a serial number, that you can’t file a report.  You should do so if for no other reason than to alert the police to a location of bike theft.  There may be others in that area.

You may be able to make a claim with the identifying information you do have.  The police normally hold unclaimed bikes for a period, then auction them or give them away.  Check with your local police and file a claim.  Ask them if you can check their unclaimed bikes to see if yours is there.  You may be able to claim it based on the picture and other identifying information.  They will probably be happy to return it to the owner if it is in their custody.

NE2 asked:  When is it legal to switch between vehicle and pedestrian modes?  Cyclists have the enviable position of being either a vehicle operator (when riding on the road) or a pedestrian (when riding on the sidewalk or in a crosswalk). But how can you switch between the two? To give a few examples:

1) Turning left at a traffic light onto the near-side sidewalk. Is there a legal way to do this without turning right onto the sidewalk and then turning around and crossing?

2) Turning right at a traffic light from the sidewalk onto the road (the reverse of the above). Are you allowed to “turn right on don’t walk”?

3) Turning left from a divided highway onto a path at a crosswalk controlled by pedestrian signals. Once you enter the median, are you allowed to cross the other direction, despite facing a “Don’t walk?”

4) Using a parking lot to avoid an intersection. This is illegal in a car per 316.074(2) Obedience to and required traffic control devices. But it’s legal to walk through a parking lot, so you would not necessarily be “driving” from one roadway to another if you switch to pedestrian mode on crossing the sidewalk.

Answer

Don’t confuse the nature of a vehicle with the rights and responsibilities of the driver or pedestrian.

A bicycle is always a vehicle, whether on the roadway or the sidewalk.

s. 316.003 – Definitions

(75) Vehicle – Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway ….

(2) 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.

A bicyclist has the same rights and duties as drivers of other vehicles.

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 under this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application.

A bicyclist on the sidewalk is not a pedestrian, but has the rights and duties of a pedestrian.  A bicycle on the sidewalk is still a vehicle and the operator must comply with applicable statutes, such as those requiring lights.

(10) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.

A cyclist does not have the option of switching between modes.  That happens automatically.  The statutes that apply and whether the cyclist has the rights and duties of a roadway driver or a pedestrian are defined by the physical location of the bicycle at the time.   A cyclist does have the option of changing the location of the bicycle, and can move between the roadway and the sidewalk as desired as long as the appropriate laws are followed.

I believe if you carefully consider the scenarios posed in the question or others, using the concept of drivers and pedestrian’s rights and duties and the actual location of the bicycle, you will see that the answers will be pretty clear.

I believe you are correct that the intent of the law is to give cyclists the freedom to use sidewalks and roadways as best suits their needs and their safety.

NE2 asked:  Why is 14 feet the accepted minimum for a “substandard-width” lane.  Florida Statute 316.515(1) says that a vehicle may be 102 inches (8.5 feet) wide, not including safety devices (e.g. mirrors). I don’t know how far mirrors are allowed to stick out, but I would assume at least 6 inches on each side. With a 3 foot passing clearance, that leaves only 1.5 feet for the bike in a 14-foot lane, certainly not enough for safe operation.

Answer

You have correctly cited the applicable statute.

s. 316.515 – Maximum Width, Height, Length

(1) Width Limitation – The total outside width of any vehicle or the load thereon may not exceed 102 inches, exclusive of safety devices determined by the department to be necessary for the safe and efficient operation of motor vehicles.

Vehicles that are even wider may be encountered on the roadways.  It is not realistic to try to define a substandard-width lane based on the widest vehicle that could possibly be on the road.  Rather, it is defined based on the safety of the roadway users.

We must look at this question from the different perspectives of the cyclist and the overtaking driver.

A substandard width lane is defined in the bicycle regulations, and is one of the many conditions and circumstances that gives the cyclist the right to leave the right-most curb or edge of the roadway. I believe the intent of that provision is to allow a cyclist to control the lane and discourage unsafe passing within narrow lanes. Note that the statute does not specify the actual width of a substandard-width lane.

s.  316.2065 – Bicycle Regulations

(5)(a) 3. For the purposes of this subsection, a “substandard-width lane” is a lane too narrow for a bicycle and another vehicle to travel safely side by side within the lane.

Without regard to the width of the lane, the burden for safety when overtaking and passing a bicyclist lies entirely with the overtaking driver if the cyclist is otherwise obeying the law.  The driver must pass at a safe distance, and no less than 3 feet.

s.  316.083 – Overtaking and Passing A Vehicle

(1) …. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

The driver of the overtaking vehicle must make the determination that it is safe before passing.  The driver of a Smart Car may be able to safely pass within a 12-foot wide lane if the cyclist is to the right.  The driver of the vehicle you describe in the question will have to wait until it is safe to change lanes to pass a cyclist in a lane that is 14 feet or even wider.

The width of 14 feet is derived from Florida Department of Transportation planning and design guidelines.  Note that they also indicate the 14 feet is the width that allows MOST motor vehicles to safely pass a cyclist while remaining within the lane.  Drivers of wider vehicles must change lanes to pass.

Plans Preparation Manual

Chapter 8 – Bicycle Facilities

Section 8.4.3 Wide Curb Lanes

Wide outside curb lanes are through lanes which provide a minimum of 14 feet in width.  This width allows most motor vehicles to pass cyclists within the travel lane, which is not possible in more typical 10-12 foot wide travel lanes.

Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook)

Chapter 9 – Bicycle Facilities

B.3  Curb Lanes

Fourteen feet is the recommended lane width for shared use in a wide curb lane, and is the minimum width that will allow passenger cars to safely pass bicyclists within a single lane.

More detail of the various rights and responsibilities of roadway users can be found in the post on Substandard-Width Lanes.

Pat asked: Can motorists legally park in a designated bike lane?

Answer

In most circumstances, parking in bike lanes is prohibited.

The statute that applies is:

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.

For more about short stops to discharge passengers, see:

http://flbikelaw.org/2010/07/buses-stopping-in-bike-lanes/

Max asked:  I go to a university and I ride a skateboard everywhere.  Until recently I have always skateboarded in the bike lane because I go just as fast as bicyclists and the sidewalks are packed with people. Police have now started to give us skaters $52.50 tickets when we ride in the bike lane.  I was wondering if and what law states that skateboarding is illegal in bike lanes and why. And also if there was a way to add brakes or some small mechanism to our skateboards that would make it legal to ride them in the bike lanes.  Riding on the sidewalk to not an option and if not fixed this law is going to eliminate all skateboarding at the university.

Answer

The bike lane is part of the roadway.  The roadway is for vehicles.  The use of roller skates or similar devices in the roadway is unlawful.  Adding brakes as you suggest would not change that.
You didn’t indicate the statute that was cited on your ticket, but I assume it was the following:

s. 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 ….

See this previous post:

http://flbikelaw.org/2010/02/can-pedestrians-use-bicycle-lanes/

There may also be a local ordinance that addresses this.  Check with your school police department.

Charles asked:  Is it legal in Florida for bicyclists/tricyclists to operate flashing red lights on the rear of their vehicles and/or flashing white lights on the front? Or, must they all be solid lights.  My personal experience riding my trike is that my flashing red tail light gets excellent recognition from motorists, who often comment positively to me. However, I’m not sure regarding legality.

Answer

The statutes do not give us a definitive answer, but a discussion of this topic can be found by clicking on the tag cloud item named Bicycle Lights or at this post:

http://flbikelaw.org/2011/04/flashing-bicycle-lights/

Gary asked: This is in regards to a column, Dr. Delay, in a newspaper.

The article states:

Who has right of way? Bicycle or car?

Reader wrote to the Doc about an incident she recently observed involving a bicycle and a car. She posed a question about right of way:

“Assume a bike and a car are traveling in the same direction in the same lane. As they approach an intersection, the traffic light is green. They reach the corner at the same time, with the bike on the outside of the car. The bike rider wants to continue on through the intersection, but the person driving the car wants to turn right. Who has the right of way? I saw this scenario this week. I don’t know if the car signaled, but the alert bike rider gave way for the car and then proceeded through the intersection. It scared me to think what could have happened. I have seen bikes approach a red light and not even stop. This is especially stupid if a car turns right on red. What is the correct thing to do?”

Doc’s answer:

The first problem with this scenario is the third sentence (“They reach the corner at the same time, with the bike on the outside of the car”). Cyclists are by law expected to behave in traffic as they would were they driving a car or motorcycle — they are not to be riding abreast of any vehicle in a single lane (bike or car or motorcycle, etc.). So because the cyclist should not have been next to the car in the same lane it was appropriate that he/she gave way but the point of “Share the Road” is to truly share the road and make the same sound decisions when traveling on two wheels one would make while operating on four. And if it’s not cool to run a red light in your car, the same holds true when you’re on a bike.

I believe she has done a disservice to cyclists by telling the public the cyclist was wrong, when in my interpretation of the law, the motorist was overtaking the cyclist and must give 3 feet, and since the cyclist was not turning, would have the right-of-way.

If she was wrong, may I quote your response in a letter I will write to her.

Answer

The Doc is wrong for a number of reasons, and you are welcome to quote verbatim anything in this article.

I must note that the Doc is correct that cyclists have the same rights and duties as other drivers and running red lights is not legal for any driver. However, “Share the Road” does not necessarily mean yielding to other drivers.  It means riding legally and safely.  When doing so, it may “delay” other traffic, but it is not unlawful.  The question is not whether cars or bicycles have the right of way.  Both must comply with their legal responsibilities.

This is the classic “right hook” situation.

First, the doc is wrong by answering a question without having all the facts.  Is this a substandard-width lane or a wide curb lane?  Who is overtaking whom?  It isn’t possible to accurately answer the question without that information.

Next, the Doc states,

“…. because the cyclist should not have been next to the car in the same lane…. they are not to be riding abreast of any vehicle in a single lane (bike or car or motorcycle, etc.).”

I don’t know where the Doc got that, but it is absolutely wrong.  Two bicyclists cannot ride abreast under certain circumstances, but riding abreast of other vehicles is perfectly legal and is done all the time.  The statute that applies is:

s. 316.2065 – Bicycle Regulations

(6) Persons riding bicycles upon a roadway may not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast may not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions then existing and shall ride within a single lane.

Let’s discuss lane width.  If the lane is wide enough for a bicycle and a motor vehicle to travel safely side by side (Minimum 14 feet according to the Department of Transportation) there is no reason they can’t do so.  It is not unlawful.

The article does not indicate that one was overtaking the other, but it is unlikely that they were travelling at exactly the same speed as they approached the intersection. One or the other is overtaking and passing at some point.  The overtaking driver must insure it is safe to do so. Motorists are required to safely pass no closer than three feet from a cyclist. s. 316.083

If the lane is less than 14 feet wide, it is a substandard-width lane and if they are both within the lane and traveling side by side, the overtaking driver is violating the statute.

For a full discussion of substandard-width lanes, see this post:

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

Let’s disregard the lane width issue, and assume they were traveling side by side at the same speed as they approached the intersection.  What are their respective responsibilities?

The cyclist is apparently keeping right and riding legally unless passing on the right, which may or may not be legal, depending on the circumstances such as lane width.

The motorist is required to keep as far to the right as is practicable when preparing for a right turn.  If the motorist has left enough room to the right for a bicyclist, even one passing on the right, is the motorist as far right as is practicable?   If the motorist can’t safely move as far right as is practicable to prepare for the right turn because the cyclist is present, the motorist must slow and yield, then move right.  s. 316.151

The motorist shall not drive from a direct course unless it can be done safely and without interfering with the safe operation of any vehicle. s. 316.085

The motorist may not move right or left upon a highway unless such movement can be done with reasonable safety. s. 316.155

A full discussion of right turns at intersections and safe cycling practices is at this post:

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

You may want to suggest that Doc read these posts and refer readers to Ask Geo for accurate information about cycling.