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/

Becky asked:  Does any Florida law specify if rear bicycle lamp is to be a solid light, as opposed to a flashing light?

Answer

Lights are required on bicycles under certain conditions as specified in the Bicycle Regulations.

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 a reflector on the rear each exhibiting a red light visible from a distance of 600 feet to the rear.  A bicycle and its rider may be equipped with lights or reflectors in addition to those required by this section.

Flashing lights are only allowed on vehicles in specific circumstances, but the “in addition to those required” provision in the statute above seems to allow the commonly used “blinkies” for bicycles, which would seem to satisfy the requirements of the Bicycle Regulations when used in addition to a steady red light.

s. 316.2397 – Additional Lighting Equipment

(7) Flashing lights are prohibited on vehicles except as a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is lawfully stopped or disabled upon the highway ….

Herman asked:  Here’s a good question that was raised at  www.bikeforums.net.  One can infer that there is a minimum brightness of head/taillights i.e. to be seen x feet from the front and rear of a bicycle.  Is there a maximum level of brightness that a light can have?  As in what would stop a person who figures out how to strap on a 1,000,000 candle power spot light to the front of their bike, would that be legal?

Answer:

Excellent question!  You are correct that there are minimum standards for bicycle lights and reflectors.

FS 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 a reflector on the rear each exhibiting a red light visible from a distance of 600 feet to the rear.  A bicycle and its rider may be equipped with lights or reflectors in addition to those required by this section.

I could find no specific prohibition to the use of such a light in the statutes.  The Florida Department of Highway Safety and Motor Vehicles and Division of Motor Vehicles are authorized to regulate the standards, and publish a list of approved lights by name and type for motor vehicles.  There is no mention of bicycles, which are vehicles but not motor vehicles, and not subject to the same standards.

FS 316.216 – Authority of Department with Reference to Lighting Devices

(1)  The department is authorized to approve or disapprove lighting devices and to issue and enforce regulations establishing standards and specifications for the approval of such lighting devices, their installation, adjustment, and aiming, and adjustment when in use on motor vehicles.

(5)  The department shall publish lists of all lamps and devices by name and type which have been approved by it.

Such a light might also be considered a spot light, but again, the statutes place restrictions on motor vehicles, but not bicycles.

FS 316.233 – Spot Lamps and Auxiliary Lamps

(1)  Any motor vehicle may be equipped … and every lighted spot lamp shall be aimed and used that no part of the high intensity portion of the beam will strike the windshield … or occupant of another vehicle in use.

The fact that the statute says motor vehicles may be equipped with spot lights does not necessarily mean that other vehicles cannot.  In fact, FS 316.2065 above says that other lights may be used, but does not provide any details.

The lights you suggest may violate a more general statute that covers all vehicles, and may be considered an unsafe condition for a number of reasons.

FS 316.215 – Scope and Effect of Regulation

(1)  It is a violation of this chapter for any person to drive or move … any vehicle … which is in such an unsafe condition as to endanger any person ….

There may be other possible considerations, similar to the criminal violation for directing a laser at an aircraft, but I can’t find any other restrictions in Chapter 316.   Caution is advised in using non-traditional lights on a bicycle and you should thoroughly research the topic before doing so.

I have sent an email to the Department at HSMV-Info@flhsmv.gov.  I’ll update this post if any other information is received.

This just in from my inquiry to the above email.

Thank you for your inquiry.  Florida law does not give a maximum intensity, only a 500 feet visibility.  To be quite honest with you, I have never had the light intensity on a bike questioned.

Sgt. Evans FHP