Florida Bicycle Law

Question

Dan asked:  Who needs the most help, the cyclist, law enforcement, or both? read more…

Question

Jon asked: We were on a 2-lane road, with sidewalks off and on, on either side, and no shoulder to speak of in many spots.

A police car came up behind us, put his flashers on, and on his loudspeaker instructed us to get off the road and on to the sidewalk because we were obstructing the flow of traffic (there happened to be a sidewalk beside us at that point.) We were only about a mile from the trail at that point, and jumped on the sidewalk while it was there.

We decided to take a different route back which is a little busier road, but is 5-lane, so thought it would be easier for vehicles to get around us. Wouldn’t you know, another police car (Maybe the same one) came up behind us and told us to get on the sidewalk, again because we were obstructing the flow of traffic. I looked for the first road or driveway to pull on to the sidewalk. Within about 10 seconds, he said, “Don’t make me have to stop this car and write you a citation, get off the road now.”

So we stopped our trikes, pulled them up over the curb and on to the sidewalk.

The trikes are a little wider than an average bike – mine was the widest at 33 inches  (our bicycles are 21, 25, and 28 inches at the handlebars).

We were probably averaging only 10 – 12 MPH, because of the slight delicacy of the frame. But trying to stay on sidewalks the rest of the way home was a mess. Had one car pull out in front of us in a driveway just as we passed a high privacy fence. Had another car make a right hand turn in front of us just as we were approaching the crosswalk of an intersection, and the bus stops along the way sometimes had benches ON the sidewalk, that were hard to get by, or there were people sitting ON the benches that had to move as we approached.

I have been told that it is ILLEGAL to ride on the sidewalk in some places?

I thought that in Florida we have a right to be on the road as much as any other vehicle. Have you heard the term “obstructing traffic”? Do I have the right to be on the road at anytime, even when there’s a sidewalk? read more…

Question

SO, in essence, are we allowed to take any and all lanes (ride in the center) that are “substandard”, either single or double abreast? read more…

Question

PG asked:  I am a biker from Indiana. Am I welcome on this forum or is just for Florida bikers? read more…

Question:

What is a substandard-width lane, and what are the responsibilities of cyclists and motorists?

Answer:

This is a revision of the earlier post about substandard-width lanes.

I must admit, even after much study and discussion, I am only now becoming fully aware of the real implications of the provision in the Bicycle Regulations that allows a cyclist to leave the right edge of the roadway in a substandard-width lane.

The significance of the substandard-width lane provision in the statute is profound.  The majority of roadways in Florida are comprised of lanes that are less than 14 feet wide and as such are substandard-width lanes for most motor vehicles.

Some have indicated concern about the lack of clarity in the definition in the statutes.  I hope this helps.

As always, we welcome any formal legal opinions or case law, and comments and questions about any of the subjects.

Substandard-Width Lane

FS 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.

Since it is in Bicycle Regulations section, some assume it is only applicable to bicyclists.

Some also feel that the statute should state a finite measured width.

When the true intent of the statute is fully understood, it is easy to see why those are not correct.

There are no responsibilities imposed on the bicyclist by the substandard-width lane clause in statute.

There is however, great responsibility placed on motorists overtaking a bicyclist in a narrow lane.

The importance of substandard-width lanes does not apply to the lane position of a bicyclist.  It is simply the presence of the cyclist in the narrow lane that the motorist is overtaking, even if the cyclist is far to the right.  Whether the cyclist is far right, far left, or in the center of the lane, the requirements are the same.

The lane is too narrow for the motor vehicle to safely pass within the lane, the definition of substandard-width.

The motorist overtaking and passing a bicycle is responsible for insuring that it is safe, as when overtaking and passing any other vehicle.

In a lane that is NOT of substandard-width, that can be safely and legally accomplished while leaving the required safe distance of not less than three feet clearance.

FS 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.

When passing a bicycle in a substandard-width lane, the motorist must at least partially change lanes to pass.

That cannot be done legally and safely if there is traffic in the adjacent lane.

On two-lane roadways, the opposite lane must be clear of on-coming traffic, and the overtaking motorists must be able to safely pass and return to the original before approaching within 200 feet of on-coming vehicles, including other bicycles.

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 every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.

On multi-lane roadways, that means they must insure the adjacent lane is clear of other traffic.

(2) No vehicle shall be driven from a direct course in any lane on any highway until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that the move can be made in complete safety and without interfering with the safe operation of any vehicle approaching from the same direction.

When the motorist is delayed due to the presence of a cyclist in a narrow lane, even if the cyclist is far to the right, the motorist’s progress is impeded.  That is not unlawful. (See separate topic on impeding traffic)

The only application of this section to a bicyclist is their need to insure their safety.   When confronted with any unsafe condition, a bicyclist is not required to keep right.

The presence of a substandard-width lane is specified as one of those unsafe conditions.

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 as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

3. When reasonably necessary to avoid any condition, including, …. substandard-width lane …. that makes it unsafe to continue along the right-hand curb or edge.

The unsafe condition of substandard-width lanes is that drivers may unlawfully and dangerously attempt to pass within the lane or use the adjacent lane when there is conflicting traffic.   Although that practice subjects the overtaking motorist and the on-coming motorist to some danger, the bicyclist is the one most likely to suffer harm in those circumstances.

The provision in the Bicycle Regulations allows bicyclists to protect their space for their own safety.

The way they do that is to control the lane.  They are not required to keep right.  It is legal and it is the safest cycling practice under many circumstances.

Cyclists hugging the edge of the roadway are communicating to overtaking drivers that,

“There might be room to pass, even though it is unlawful and dangerous, but let’s give it a try and see how it works out.”

Too often, it doesn’t work out well for the bicyclist, the overtaking driver and a driver in the adjacent lane.

Moving into the center of the lane communicates to the overtaking driver,

“There is not room in this lane for you to safely pass within the lane.  Please wait until the adjacent lane is clear and change lanes to pass.”

It is simply a reminder to the overtaking motorist that they must fulfill the responsibilities that exist in the law to insure the adjacent lane is clear of other traffic before attempting to pass, and when passing, insure the required safe passing distance.

The statutes do not define the width of a substandard-width lane as a measurement.  Overtaking motorists are responsible for insuring there is adequate room when passing.  They must know the width of their own vehicles, the three-foot MINIMUM safe passing distance, and that cyclists require some physical space to safely operate.

The burden is on the overtaking motorist to insure that the pass can be safely accomplished.

The driver of very small motor vehicle may be able to pass safely within a 12-foot wide lane.  A truck with a wide load could require a lane that is 15 or more feet width to safely pass within the lane.

One way to determine the width of a lane that can be safely shared by a bicyclist and MOST motor vehicles is as follows:

The American Association of State Highway and Transportation Officials (AASHTO) states that 40 inches to five feet is the essential or desired operating space for a bicycle.

Chapter 1 Planning

The Bicycle

Bicyclists require at least 1.0 m (40 inches) of essential operating space based solely on their profile. An operating space of 1.2 m (4 feet) is assumed as the minimum width for any facility designed for exclusive or preferential use by bicyclists. Where motor vehicle traffic volumes, motor vehicle or bicyclist speed, and the mix of truck and bus traffic increase, a more comfortable operating space of 1.5 m (5 feet) or more is desirable.

Bicycle lanes are typically a minimum of 4-5 feet wide.

Most motor vehicles are 6-8 feet wide.

Allowing the MINIMUM 3.3 feet of safe operating space and MINIMUM 3 foot safe passing distance gives us about 14 feet, which is the MINIMUM width of a lane that is wide enough for MOST motor vehicles to safely pass a bicycle within the lane.

6-8 Feet + 3 Feet +3.5 Feet = Approximately 14 Feet

That does not consider that some additional width must be allocated to account for the fact that the motorist will not travel exactly on the centerline if there is on-coming traffic.

The Florida Department of Transportation recognizes the importance of lane width in the safety of all roadway users and has established standards that reflect the figures above.  The standard for all new construction on state roadways is to install 4-5 foot MINIMUM width bicycle lanes.  Wide curb lanes of 14 feet in width are only allowed for repaving projects where bicycle lanes are not practical.

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. Wide curb lanes do not meet Departmental requirements for bicycle facilities on new construction or reconstruction projects.  However, in some conditions, such as RRR projects, they may be the only practical option for a bicycle facility.

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

Chapter 9 – Bicycle Facilities

B.3            Curb Lanes

In restricted urban conditions, where it is not possible to include bike lanes or paved shoulders or on lower volume collector streets, an outside lane wider than 12 feet can help accommodate both bicycles and motor vehicles in the same lane. 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.

The Florida Department of Transportation does not use the term “substandard-width lane”, but uses similar language to describe lane width, safe passing of a bicyclist within the lane.

It is noteworthy that FDOT standards consider MOST vehicles.  It is unrealistic to expect the roadways to be built to accommodate the optimum desires of all users.  The expense would be too great.

It is also unrealistic to expect the statutes to be written to include a measured lane width that would provide for all circumstances.  In the case of the definition of substandard-width lanes, if there were to be a measured width of a lane that would be wide enough to permit ALL vehicles to safely travel side-by side with a bicycle, the lane would have to be wide enough for busses and large trucks, for which the design standard width is 8.5 feet.

FS 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 …. The total outside width of a noncommercial travel trailer, camping trailer, truck camper, motor home, or private coach …. may be more than 102 inches ….

8.5+3+ 3.5 = 15 Feet MINIMUM WIDTH

Trucks with permits for wide loads could require even greater lane width, and that is not determined.  Along with the added necessary distance from the centerline, that would certainly mean a lane of 16 feet or more.  Virtually all lanes can be substandard-width lanes under certain circumstances.

If a bicyclist is traveling in a 14-15 foot wide curb lane and observes a very wide truck approaching from behind, the safest thing to do may be to move to the center of the lane to remind the driver of the legal responsibility to wait until it is safe to pass.

What is important?

• The burden for safety in passing bicycles lies entirely on the motor vehicle operator, as is the case with all passing situations with other vehicles.

• The motorist is responsible for knowing that their vehicle and a bicycle can safely travel within a lane, and if not change lanes to pass.

• Drivers cannot pass a bicyclist within the lane if it is unsafe and they cannot provide the minimum of three feet.

• If the adjacent lane is not clear, they must wait.

• Bicyclists can leave the right side of the roadway to avoid any unsafe condition.

• Substandard-width lanes are specified in the statutes as unsafe conditions.

• Experienced and educated bicyclists are not going to intentionally place themselves in positions that would endanger them.

• Educated and experienced bicyclists know that riding far right encourages unsafe and illegal passing within the substandard-width lane.

The significance of the substandard-width lane provision in the statute is profound.  The majority of roadways in Florida are comprised of lanes that are less than 14 feet wide and as such are substandard-width lanes for most, but not all, motor vehicles.

The statute recognizes the facts of life; that all roadways cannot be built to accommodate unrestricted use by all users under all conditions.  Some restrictions on some users are inevitable.  Slower moving traffic may legally impede other traffic under certain circumstances.  Motor vehicle operators who attempt to pass within a substandard-width lane endanger bicyclists, themselves and others.

Bicyclists who stay far to the right in such lanes give the false impression that there is room to attempt to pass and encourage illegal and dangerous passing.  The laws allow the cyclist to move away from the right side of the lane to control the lane and the situation, become more visible, and encourage the motorist to wait for a safe opportunity to move into the adjacent lane to pass.

The statute does not specify the responsibility of the motorist, but it is clear that a driver overtaking and passing a bicyclist in a substandard-width lane must at least partially use the adjacent lane.  If there is on-coming traffic in a two-lane roadway, or if there is other traffic that would be impacted in a multi-lane roadway, the motorist must wait.

The desired progress of the motorist in this case is impeded, but legally so.

There is no statute that gives roadway users the right to travel at the speed they desire at all times.

There is also no statute that allows unsafe passing.  Passing a bicyclist within a substandard-width lane is unsafe and illegal.

Question

Michael also asked: There is a drawbridge on this road with a narrow sidewalk on both sides. There is a sign as you approach the bridge stating, “Walk Bicycles Across Bridge” or something similar. I may not have the exact wording on this sign, but I always took it to mean not to ride on the narrow sidewalk. The officer today said it meant that we must not ride in the roadway across the bridge. The problem is that the sidewalk is too narrow to pass pedestrians who frequent use the sidewalk. Also we have recumbent trikes in the club, which would not fit on the sidewalk at all. Can the county restrict bicycle access like this? read more…

Question

Michael asked:  Today my wife and I were riding on a county road that accesses a beach. A county deputy ordered us onto the sidewalk. Later he stopped and spoke to us and said we are required to use a sidewalk or bicycle path if one is available. I find no reference to this in state law. Is this fact? read more…

Question:

Sondra asked:  What would be the proper position for a cyclist when she approaches traffic on a busy street?  Can she continue on the right edge (and pass the automobiles) until she reaches the intersection and go ahead if the signal permits? read more…

UPDATE – Two significant events have occurred:

1.  The Florida Department of Transportation has stepped in to make a major contribution to the peace and tranquility of roadway users in Palm Beach County.  They have approved signage for the Ride Right/Drive Right Campaign.  The signs will be posted in strategic locations that are being determined now.

2.  Comcast has provided $200,000 worth of free advertising for PSA’s that zMotion has produced and which are being aired in the region.

Background:

There was an incident in Boca Raton, in which a group of cyclists made the press for beating up a car, resulting in one cyclist being arrested, in response to what they considered intentional and dangerous harassment by the motorist.  The charges were dismissed, but there is plenty of blame for all involved and the continuing circumstances that led to the incident.

This isn’t to discuss that incident.  Rather, it may have spawned an opportunity to make some real progress in resolving the long-standing problems of aggressive and illegal behavior of some groups of cyclists, and motorists’ actions that endanger cyclists.

Part of the problem has been that no one with the clout to truly affect the situation has been willing to step up and take control.  That changed as a result of the incident.

Pat Petregnani, the head of Zimmerman Advertising in Ft. Lauderdale, is also head of zMotion, a cycling organization of 600 cyclists, including some of the top racers in the state.  He is willing to take the reins in South Florida and try to effect a behavioral change in cycling, particularly on A1A.

Pat has initiated a campaign called Ride Right/Drive Right, which will include cyclists, law enforcement and the town councils of the affected communities in an effort to publicize and encourage legal and courteous behavior of cyclists and motorists.

Jeff Lynne, an attorney and head of South Florida Bicycle Coalition, has joined with Pat to add his considerable political and legal background to the effort.

Since I am familiar with the problems and with the law enforcement community in the area, I attended meetings with six affected police departments.  The departments are:

Boca Raton,Delray Beach, Highland Beach, Ocean Ridge, Manalapan, Gulfstream

The law enforcement community is enthusiastically supporting this serious effort of cyclists to take control and police themselves.  Details are to be worked out, but generally the initiative includes:

• An agreement about acceptable behavior of cyclists, to be determined.
• Recognition that cyclists are endangered by the illegal actions of motorists.
• Pressure by Pat and others to discourage problematic behavior of cycling groups.  zMotion riders have boycotted two of the offending rides.
• PR videos, PSA’s and other materials to be developed in-house at Zimmerman.
• Coordinated and uniform effort of law enforcement throughout the corridor.
• Municipalities were asked to post signs saying “Three Feet Please” and “Ride no More Than Two Abreast”.

All of the departments were aware of the Bicycle Law Enforcement Program, and some have officers on the Officer Advisory Panel.

Our involvement demonstrates the benefit of the Florida Bicycle Association’s continuing role in the Bicycle Law Enforcement Program and contact with the law enforcement community.

FBA has had and will have future opportunities to assist and participate in law enforcement interests around the state as the Bicycle Law Enforcement Program is developed and they more become aware of our pro-active role in supporting them.

The “Ride Right/Drive Right” campaign is local now due to the immediate opportunity created by the incident and Pat’s considerable effort.  When all the details are worked out and the initiative is fully implemented, this may be developed as a model program that can be exported throughout the state as similar problem areas and opportunities are identified.

Question:

Mike asked:  I would appreciate some help with clarifying whether it is legal for cars to use the bike lane for their travel.  Is it legal for a car to use the bike lane to pass on the right? read more…