Florida Bicycle Law

Question

Dana asked:  As more bicycles and riders enter our roadways and ride in traffic with motor vehicles, I am concerned that certain bike riders that I encounter seem to display a righteous indignance about the “3 foot law” when they are being overtaken by a car, but the same riders do not seem to think this law applies when traffic comes to a halt at traffic signal or intersection. I’ll describe a certain aggravating situation I have dubbed: “leap-frogging.”

For example: Two or more bike riders are riding abreast in the right lane of traffic on a multilane roadway in heavy traffic. Cars behind the bikes are unable to change lanes and safely pass because of the speed differential of traffic created by the impediment of slow-moving bikes in the right lane, versus the rapidly moving cars in the left lane. When an opening in traffic allows a car following the bikes to change lanes and safely pass the group of bikes in the left lane, all is well again until traffic reaches the next intersection or signal.

At the intersection, the cars stop and maintain their positions in line, while the group of cyclists break their lane-controlling two-abreast formation to overtake the stopped vehicles by narrowly passing between the cars to set themselves up at the head of the line of traffic waiting for the signal to change. They have now successfully, but illegally, leap-frogged the vehicle(s) that had safely and patiently overtaken them prior.

In other posts on your site, you have encouraged cyclists to get the license plate number of motor vehicles that have violated the 3 foot law, and to report that information to law enforcement (presumably so that the offender might receive a citation, and/or fine). However, in the leap-frogging situation, it is nearly impossible to identify the violating cyclist(s), because they do not display any identification or registration. Cyclists operate with nearly complete anonymity, and because of this, some cyclists extend this notion to being able to operate their vehicles on the roadway with impunity because they cannot be readily identified or reported to law enforcement for any alleged violations of the uniform traffic laws. Even if they are caught in the illegal act by law enforcement, and receive a citation, they do not suffer the same consequences as a motorist cited with a moving violation, that carries with it the consequences of “points” and/or increased insurance costs, etc.

My Question Is: How can laws be equally enforced against motorists and bicyclists when this unequal identification loophole for bikes exists, and where cyclists have no real fear of being identified by other vehicles, thus avoiding possible citation or punishment?

In my opinion, if cyclists have all of the rights and duties applicable to other drivers (i.e. pursuant to s. 316.2065 Fla. Stat.), then they should be burdened with the same duty to display a registration, as do other low-speed vehicles (See by analogy: s. 316.2122 Fla. Stat., which applies to low-speed motor vehicles). Allowing this double-standard under the law to endure, and the illegal behavior that it promotes with the leap-frogging members of the cycling population, will only serve to continue to increase the friction between the motoring and cycling communities, because of actual and perceived inequities.

I would encourage you to consider that the issue raised in my question falls squarely within one of your quoted maxims on your site:  ”Creating a safer and more hospitable environment for cycling requires law enforcement equity.” read more…