Ron also asked:  And to further the rights of a shoulder-traveling cyclist, a vehicle in the oncoming lane of a two-lane road should not overtake another vehicle in the oncoming lane if there is bicycle traffic in the opposite direction if that cycling traffic is in the zone required to effect the pass. Even if the cyclist is on the shoulder, correct?

I have encountered such a situation on a State Road, and it gives one cause for serious concern!

Answer

The law prohibits passing if a vehicle (bicycle) in the roadway is approaching from the opposite direction in a two-lane roadway, and the overtaking driver cannot return to the original lane in a timely manner.

FS 316.082 – Passing Vehicles Proceeding in Opposite Directions

(2) Upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway, as nearly as possible.

A bicycle on the paved shoulder is not in the main-traveled portion of the roadway.

FS 316.085 – Limitations on Overtaking, Passing, Changing Lanes and Changing Course

(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless …. such left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction of any vehicle overtaken.  …. in the event  the passing movement involves the use of a lane authorized for vehicles approaching in the opposite direction, before coming within 200 feet of any approaching vehicle.

The operative phrase is “use of the lane authorized for vehicles approaching from the opposite direction”.  The lane is part of the main-traveled portion of the roadway.  The shoulder is not.

Some might argue that the overtaking driver is “interfering with the operation of any vehicle approaching from the opposite direction”, but how far off the roadway would the bicyclist need to be to clearly not be “interfered with”?  How close to the centerline can a vehicle be when approaching another vehicle in the opposing lane?  There is no precise measured distance.

A driver may not overtake and pass another vehicle if a bicyclist is closely approaching from the opposite direction in the roadway, but may do so if the cyclist is not in the roadway.

Ron asked:  Does the 3-foot rule apply to vehicles overtaking cyclists that are traveling on the shoulder, outside of the lane edge line?

Answer

Yes.  The statute gives directions for drivers overtaking and passing a bicyclist, but it does not distinguish between those in the roadway and those on the shoulder.  It refers to vehicles proceeding in the same direction.

FS 316.083 – Overtaking and Passing a Vehicle

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction …. shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.  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 same safe distance would also apply to drivers passing a bicyclist on the right when that is permitted.

It is unfortunate that this has come to be known as the “3-foot rule”.  The three feet is the absolute minimum, and the driver is required to leave a safe distance.  That can be much more than three feet under many circumstances.

Tim asked:  It’s clear that if a cyclist is on the roadway they must operate as a vehicle and obey all traffic control devices.  However, if a cyclist is traveling outside of the roadway, on a paved shoulder, is the cyclist required to come to a stop at a stop sign or red light when making a right turn?

Answer

Good question, Tim.   At first, I thought it was simple, but not after getting into it.

First the two applicable statutes:

FS 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 …. before entering the intersection.

FS 316.075 – Traffic Control Signals

(c) Steady red indication

(1) Vehicular traffic facing a steady red signal shall stop …. before entering the intersection and shall remain standing until a green indication is shown; however:

a.  The driver of a vehicle which is stopped …. in obedience to a steady red signal may make a right turn, but shall yield right-of-way to pedestrians and other traffic ….

The statutes refer to a driver entering or approaching an intersection, and do not indicate whether the vehicle is on the shoulder or in the roadway.

Both statutes give details about where the driver must stop, but they are not applicable to this question.  Both say the driver must stop before entering the intersection.

We need to define “intersection”.  I will use wording of the statute that gives us the most liberal interpretation of the definition.  Some may not agree, but considering that our paramount concern is always safety, I am most comfortable with that approach.

FS 316.003 – Definitions

(17) Intersection

(a) …. the area within which vehicles traveling on different highways …. may come into conflict.

Now we need to define “highway”.

(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 ….

To summarize, a bicyclist (driver of a vehicle) riding on the shoulder (entering or approaching an intersection) must stop at a stop sign or red light before entering the intersection.

Jayne asked:  I was always under the impression that registering a bicycle was to help you find it if stolen (serial number would be on this registration), but not a requirement to ride one.  I was told recently that it was the law by a police officer in Daytona Beach that every bike has to be registered.  Children ride bikes and parents should know this rule if it is in fact a law.

Answer

There is no Florida statutory requirement to register or license bicycles.

It is not practical to try to display all the local ordinances at this site, and our intent is to discuss Florida bicycle laws.  As is possible, we will try to answer questions about local ordinances.

The City of Daytona Beach does have such a requirement.

City of Daytona Beach, Florida, Code of Ordinances

Sec. 94-281 – Required

No person shall operate or ride a bicycle upon the streets, sidewalks, alleys, or rights-of-way within the city without first obtaining a license as provided in this division.

Sec. 94-286 – Exceptions

This division shall not apply to bicycles currently licensed and/or registered in another city or state or to any bicycle operated in the city if the travel originates outside the city.

There are other sections in Chapter 94 of the code that describe the details of application, identification numbers and stickers required.

The details may be found at Daytona Codes.

Keith asked:  I almost had a head on collision with a runner in the bike lane the other morning, it was 5.45 am totally dark and he or she was invisible.  I emailed the Mayor as to the city’s position on runners running in the road in the bike lane even though it is signposted everywhere as BIKE LANE ONLY and there are sidewalks available. His response was surprising and disappointing and I wondered if anyone out there might know if he was legally wrong?? He said:

“By state law, bike lanes are actually designated for Non Vehicular use, walking, running, bikes, roller blades etc.  So yes, they do have the right to be there, and generally bikers are to yield to pedestrian traffic.”

Answer

To begin, let’s distinguish between a “bike lane” and a “bike path”.

A bicycle path is defined in the statutes.

FS 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.

Indeed, a motor vehicle cannot be driven on a bicycle path.

FS 316.1995 – Driving upon Sidewalk or Bicycle Path

No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway ….

Although there is no statutory definition of “bicycle lane”, it is defined in many other places as part of the roadway.

American Association of State Highway and Transportation Officials

Bicycle Lane or Bike Lane – A portion of the roadway which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists.

Manual on Uniform Traffic Control Devices (Adopted by the Florida Department of Transportation)

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

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.

Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways.

Bicycle Lane (Bike Lane) – A portion of the roadway (typically 4-5 ft) which has been designated by signing and pavement markings for the preferential or exclusive use by bicyclists.

Roadways are for the use of vehicles.

FS 316.003 – Definitions

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

A bicycle is a vehicle.

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

Bicyclists have the same rights and duties as drivers of other vehicles.

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 ….

Sidewalks are for pedestrians.

(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.

Walkers and runners are pedestrians.

(28) Pedestrian – Any person afoot.

Pedestrians must use sidewalks when available, or must use the shoulder.

FS 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 travel.

(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 ….

Pedestrians may not leave a place of safety and walk into the path of a vehicle.

(8) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle ….

Bicyclists may use the sidewalk, but must yield to pedestrians

FS 316.2065 – Bicycle Regulations

(10) A person propelling a vehicle by human power upon and along a sidewalk …. has all the right and duties applicable to a pedestrian ….

(11) …. shall yield the right of way to any pedestrian ….

Another related section of the Bicycle Regulations prohibits the use of roller skates on the roadway.

(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 ….

As always, we welcome any formal legal opinions or case law bearing on the topics on this site.  If anyone has information that amplifies the above or offers a contrary view, please forward same.

KC also asked:  Are there any statutes about placing obstacles in the bike lane?  Specifically, the garbage collectors keep putting the cans down in the middle of the bike lane.  Is there an actual law against blocking the lane or putting obstacles in the roadway (since the bike lane is part of the roadway)?

Answer

The state statute, which applies to all roadways, is clear.

FS 316.2035 – Injurious Substances Prohibited; Dragging Vehicle or Load; Obstructing, Digging, etc.

(3) It is unlawful to obstruct …. any street or highway.

There may also be a county or municipality ordinance concerning obstructing the roadway.  One such county ordinance indicates that it is unsafe to place residential waste materials within three feet or as near as safely possible.

This county ordinance indicates that it is unsafe to place the cans too close to the roadway, so carried a step further, it must be unsafe to place them in the roadway.  Although not stated, the implication is clear, that any closer (or in the roadway) would be unsafe.

(f) Placement of residential waste materials and recyclables.  …. All consumers shall place residential waste materials and designated recyclables within three (3) feet, or as near to the paved or improved roadway abutting the consumer’s property as safely possible.

Your county or municipality may have a similar ordinance.

Empty parking lane on Corrine Drive in Orlando

KC Asked: It seems clear to me that cyclists are not required to ride in an empty parking lane, but how is that defined in terms of as far right as practicable?

Answer

If the lane is not marked as a parking space, it would be part of the roadway and the normal rules about the roadway apply.

There is no statute that says, “Vehicle operators shall not drive in a marked parking space”.  However, the statutes do discuss traffic control devices.

The traffic control devices that have been adopted for use by the Department of Transportation are those of the Manual on Uniform Traffic Control Devices (MUTCD).  A parking space marking is a traffic control device.

MUTCD

Section 3B.19 – Parking Space Markings

Marking of parking space boundaries encourages more orderly and efficient use of parking spaces where turnover is substantial.  Parking space markings tend to prevent encroachment into fire hydrant zones, bus stops, loading zones, approaches to intersections, curb ramps, and clearance spaces for islands and other zones where parking is restricted.

Drivers are required to obey any traffic control device.

FS 316.074 – Obedience to and Required Traffic Control Devices

(1) The driver of any vehicle shall obey the instructions of any official traffic control device ….

In some cases, the statutes are specific about the required actions, such as that directing the use of a marked lane for its designated purpose.  This statute directs drivers to use lanes designated for a particular direction, a right-turn only lane for example.

FS 316.089 – Driving on Roadways Laned for Traffic

(3) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating lanes to be used by traffic moving in a particular direction ….

Another statute tells drivers of slower vehicles where they are required to drive.

FS 316.081 – Driving on Right Side of Roadway; Exceptions

(2) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic …. shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway.

A fact that a lane is marked for parking indicates its purpose and that it is not a “lane then available for traffic”.

Although the parking lane might be part of the roadway, we are still required to obey all traffic control devices.  We are prohibited from using a right-turn-only lane for through traffic.  Similarly, we are prohibited from using a parking lane as a lane then available for traffic.

We would not expect a motor vehicle operator to drive in a parking lane.  There should be no expectation that any other driver, such as a bicyclist with all the rights and duties of other drivers, would do so.

Gabe asked:  What are the laws about mopeds and how do they relate to the statutes about bicycling?

Answer

What a great question!  At first, my first thought was, “We only do bicycles on this site”, but after checking, there is much similarity between the two.

As you will see if you stick it out through this whole article, this is complicated.  I’m not sure I got it all right, so please let me know if you have formal legal opinions, case law, etc. that will provide clarity.  Also, in the interests of brevity (Believe it or not!), I haven’t included everything I found.

Rather, I have tried to present the more general aspects of mopeds, and their similarity to and differences from bicycles.

You should thoroughly research all statutes that might apply to a particular situation.  As usual, don’t take this as legal advice.  It is my statement of some of the statutes as they are written.

Let’s start with the basics.  What is a “moped”?

FS 316.003 – Definitions

(77) Moped – Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels; with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the system is engaged.  If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.

The definition seems to be consistent with the definitions in other statutes.

A moped is a vehicle.

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

The definition of “traffic” includes mopeds.

(57) Traffic – Pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances either singly or together while using any street or highway for purposes of travel.

The term “motor-driven cycle” is used in some of the statutes, particularly in those related to equipment requirements such as lighting equipment (FS 316.435), stop lamps (FS 316.420), reflectors (FS 316.415), taillamps (FS 316.410) and others, but is not defined.  The moped would seem to fall into that general category.

A moped is not a bicycle or a motorized bicycle, although some of the rights and duties are similar when the moped is propelled by human power only (Discussed below).

(2) Bicycle – Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which a person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels ….

For the purposes of traffic law, a moped is not a motor vehicle. (See drivers’ licenses below)

(21) Motor Vehicle – Any self-propelled vehicle …. but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

Other statutes differ somewhat in the definition of “motor vehicle” [FS 320.01(1)], but are consistent in their exclusion of bicycles and mopeds, except for FS 322.01, which relates to drivers’ licenses.

A moped is not a motorcycle.

(27) …. The term “motorcycle” does not include a tractor or a moped.

Like bicyclists, moped operators have the same rights and duties as other drivers, with few differences.  In fact, the wording of this section of the statutes about mopeds is almost identical to that for bicyclists.  The similar language in the Bicycle Regulations is in parentheses.

FS 316.208 – Motorcycles and Mopeds

(1) Any person operating a motorcycle or moped (propelling a vehicle by human power) shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter which by their nature can have no application.

(2)(a)  Any person operating a moped (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 except under any of the following situations:

1. When overtaking and passing another vehicle proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge.  For purposes of this paragraph, a “substandard-width lane” is a lane that is too narrow for a moped (bicycle) and another vehicle to travel safely side by side within the lane.

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

(3) A person operating a moped solely by human power (propelling a bicycle) 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, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing any pedestrian.

(4) No person shall propel a moped upon and along a sidewalk while the motor is operating.

Another statute also prohibits operating a moped or other vehicle by other than human power while on a sidewalk or sidewalk area.

FS 316.1995 – Driving Upon a Sidewalk or Bicycle Path

No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway.

This would seem to preclude the use of a paved shoulder by a moped operator except when operating under only human power, since the statutory definition of “sidewalk” includes the shoulder.  However, it is noted that there is a difference of opinion about the definition of “sidewalk” and whether it includes the paved shoulder.  Any legal action should be based on the advice if legal counsel.

FS 316.003 – Definitions

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

The roadway may be used by mopeds, as is the case for other vehicles, with the conditions above.  The “roadway” does not include the paved shoulder.

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

Moped operators must comply with all traffic regulations that apply to other “vehicles”, but not those applicable only to “motor vehicles”, as defined in Chapter 316.  There are many of each, and two examples are:

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, except when reduced speed is necessary for safe operation or in compliance with law.

FS 316.304 – Wearing of Headsets

(1)  No person shall operate a VEHICLE while wearing a headset, headphone, or other listening device ….

Mopeds must be registered and display a license tag.

FS 320.0803 – Moped License Plates

(1)  Any other provision of law to the contrary notwithstanding, registration and payment of license taxes in accordance with these requirements and for the purposes stated herein shall in no way be construed as placing any requirements upon mopeds other than the requirements of registration and payment of license fees.

Mopeds are not required to be titled, as are motor vehicles.

FS 319.20 Application of Law (Pertaining to Title Certificates)

…. The provisions of this chapter do not apply to any moped ….

Mopeds must meet certain safety standards.

FS 316.46 – Equipment Regulations for Mopeds

No person shall operate a moped that does not conform to all applicable federal motor vehicle safety standards relating to lights and safety and other equipment …

For the purpose of the Chapter 322 – Driver’s Licenses, a moped is a motor vehicle, and a driver’s license is required.

FS 322.01  Definitions – As used in this chapter:

(27) “Motor vehicle” means any self-propelled vehicle  …. excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003

FS 322.03 – Drivers Must be Licensed; Penalties

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

Motorized bicycles are those defined in FS 316.003, and are not motor vehicles requiring an operator to have a driver’s license.

There are other statutes that describe required equipment and give instructions about riding on mopeds.

FS 316.211 – Equipment for Motorcycle and Moped Riders

(4) A person under 16 years of age may not operate a moped unless the person is properly wearing protective headgear securely fastened ….

FS 316.2085 – Riding on Motorcycles and Mopeds

(This statute deals with proper position when riding, carrying objects, license tags, carrying other persons, and special regulations for persons under 16 years of age.)

Two of the violations in this section refer to keeping both wheels on the ground and having license plates that cannot be flipped up.  Both carry severe penalties, from a fine of $1,000 for the first offense, to a fine of $5,000 and a third degree felony for the third offense.  For more information, refer to FS 316.1926 and FS 318.14.

Whew! You owe me one, Gabe.

Ray asked:  There is a 4-mile loop bike lane in Miami, FL. around the Kendale Lakes Country Club.  I notice most of the times I’m approaching a stop sign around the loop, the cars at a stop sign get into the bike lane when trying to make a right turn. They get so far over the bike lane they almost hit the curb.   Can these motorists do this, or should they remain in their lane when turning?

Do I need to stop at these stop signs if I’m staying in the bike lane? They just curve right.  I am assuming I can pass these vehicles on the right if I’m in the bike lane.  As a cyclist in bike lane, must I stop at this sign? I have never seen a cyclist stop there. There are 100’s every day.

Answer

With regard to the first part, it sounds as though the motorists are doing exactly what the statutes require, moving as close to the rightmost curb or edge of he roadway as is practicable when preparing for a right turn.  See: Motor Vehicles in Bike Lanes

Please see the following posts about the statutes and safe cycling practices in these situations: Right Turns and Bicycles Passing on the Right.

The only difference is that in your situation, there is not a substandard-width lane.  Rather, there is a bike lane, which is a separate lane.  The fact that the law allows passing on the right does not mean it is safe.  Caution is advised when passing on the right.  That particularly applies when approaching intersections.  Although the motorist is required to insure the lane is clear before moving right to prepare for the turn, it may not happen.

As to the second part, whether cyclists must stop in these situations, the laws impart the same rights and same duties to cyclists as they do drivers of other vehicles with few exceptions.  The operative word here is DUTIES.  If you would stop when driving your motor vehicle, there is no difference in the requirement in the law for a cyclist.

FS 316.075 – Traffic Control Signal Devices

(c)  Steady red indication

1.  Vehicular traffic facing a steady red signal shall stop …. and shall remain standing until a green indication is shown.

FS 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 …. After having stopped, the driver shall yield the right-of way

That said, please see: Idaho Rolling Stop Law

A common practice of cyclists (and motorists) is to slow and insure there is no conflict, yield as appropriate, and roll through the stop sign.  Some may consider that appropriate for stop signs, but it would be hard to make that case for red lights.

Although some might consider it a safe practice, Florida law does not permit that for cyclists or motorists.

Dan also asked:  What should a knowledgeable cyclist do in the case of being told by law enforcement to do something which is not required (ride on the sidewalk), and finally threaten “I’ll write you a citation, get off the road now”?

Answer

There is no one size fits all.  Every situation is different.  Rather than try to give a specific answer, let’s discuss a number of examples.  You can decide which, if any, best meets your needs in a particular situation.

At this site, we do not give legal advice.  Rather, we try to present and elaborate on the actual wording of the statutes and give our best interpretation.  Please seek legal advice for  situations that affect you.

First some things to always do.

Whether you have problems or not, your club or local cyclists should try to become involved in advocacy.  Most communities have government entities that are working to help make your roadways better for all.  A Bike/Ped Advisory Committee is an example.  Get involved.

Develop a relationship between the cycling community and law enforcement in your area.  A continuing cooperative effort presents opportunities to discuss and resolve problems, sometimes even before they arise.  A little communication can go a long way.  See Lake County Bicycle Summit and Ride Right/Drive Right Campaign.

If you are not a member, join the FBA.  They are working hard to help you help yourselves.  “I just want to ride my bike” may result in your not being able to ride your bike.

Ask your club to donate $5,000 to help us complete the Bicycle Law Enforcement Program.  Individual contributions welcome also.  More is better.  Less will help.

Here are some things no one should do.

• Never use foul language or be disrespectful, rude or impolite.  The situation can only escalate.
• Don’t enter into a conversation with the intent to show how much smarter you are or how much more you know about the laws.  Having the information does not mean it will necessarily benefit you if it is not presented properly.  Attitude may not be rewarded the way you want.

Instead, if it seems the officer is simply not aware of the laws and is possibly concerned about your safety, and is amenable to a discussion, you may want to ask if you can talk about the situation.   Give the officer every opportunity to retain control.

Having a Bicycle Law Enforcement Guide, which is published by the FBA, and being fully informed of the contents, may be helpful.  That allows a point of reference, rather than just your statements.  It also allows you to give the officer the copy.

When you renew your license tag, get a Share the Road tag.  Part of the proceeds go to FBA.

• When an officer says, “Stop”, do not fail to stop when it is safe to do so.  Anything other than that might be interpreted as a more serious offense that just a traffic violation.  An example:

FS 316.1935 – Fleeing or Attempting to Elude a Law Enforcement Officer; Aggravated Fleeing or Eluding

(1) It is unlawful for the operator of a vehicle, having knowledge that he or she has been ordered to stop such a vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order, willfully attempt to elude the officer, and the person who violates this subsection commits a felony of the third degree ….

Punishment for a third degree felony can be a term of imprisonment not exceeding five years and a fine not to exceed $5,000.

Of course it can get worse if someone is injured in the course of the eluding or fleeing, or resists arrest if it comes to that.

What about the case when an officer does not say, “Stop” or give another clearly lawful  order, but rather simply says “Get on the sidewalk” or “Move to the far right of the lane”.

These are not lawful orders if the statutes do not require those actions.

The following are some examples of possible reactions based on real situations.

1.  Two cyclists (Not in Florida), being ordered off the roadway and onto the shoulder, refused repeatedly.  Things got out of hand and they were Tazered and arrested.  The case was dismissed since the officer had apparently not said, “Stop”, but had just repeated the unlawful order to get off the roadway.  It still hurts, I would imagine.  Lawyers, money, etc.

2.  Another cyclist was arrested twice for riding in the roadway.  That state has laws similar to Florida, and gives cyclists the same rights and duties as other vehicle drivers.  A court date is pending.

This cyclist also noted that he had a number of encounters with other officers in which they had a very polite and professional discussion about the circumstances, and there was no action.

3.  A person was ordered to ride far to the right in what was clearly a substandard-width lane.   The officer stopped and the two had an amiable conversation.  The person is one of the state’s most knowledgeable in the laws about bicycling and is in a government position related to bicycling.  They were very polite and professional and discussed the situation.  They parted friends and the officer thanked him for the information.

4.  A person, after being stopped and warned numerous times not to ride in the middle of a substandard-width lane, was cited twice for failure to keep right.  He wrote a letter to the court and both charges were dismissed before going to court.

5.  A cyclist, preparing to make a left turn and controlling the lane for about 1300 feet, received a citation for not keeping right.  FS 316.151 is very clear that a cyclist can use the full lane, but does not state a distance.  Apparently the cyclist explained in court that he needed to move to the left lane when traffic permitted, and that was the safest action under the circumstances.  The citation was dismissed.

6.  Another person was told by an officer to keep right and flagged the officer down by waving.  The officer apparently thought the cyclist had given that not-so-friendly wave, and stopped.  Needless to say, the conversation didn’t go well, and the cyclist got a citation.  It will soon be resolved in court.

Don’t be confident that just because you know all the laws and follow them, a citation will not be upheld in the courts.  I have heard of valid citations being dismissed because “It’s just a bicycle” and poor citations being upheld because “The Department of Transportation wouldn’t install substandard roadways”.  You just never know.

Lesson to cyclists:  As you can see, all situations are different.  You must decide the best course of action based on your own disposition, your ideals and knowledge of the laws, the officer’s approach, and what you decide is the best outcome under this set of circumstances.

Lesson to officers:  Give orders that are  enforceable and supported by the statutes.  Of course, that means a full knowledge of the laws about cycling.