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.

Tom asked:  The city is finally repaving a very busy street and city officials have told me they want to discourage bike use on this street. They won’t consider bike lanes because of the streets narrow width and won’t consider removing parking. Can you suggest a good alternate?  There are a lot of businesses on this street I want to ride to including a bike shop!

Answer

The best alternative is to encourage cyclists to safely and legally use the roadway.  Too often, we depend on bicycle lanes, which can be problematic in some circumstances.  Cyclists are operating vehicles and have the same rights and duties as other drivers.  The most basic of those rights is the use of the roadway.  We need to learn to drive in traffic, just as we do with our motor vehicles.  The Florida Bicycle Association has an excellent course to help.  You may want to have some local cyclists become instructors to teach safe and legal cycling practices to others there.  See http://cyclingsavvy.org/

It is troubling that local officials are trying to discourage cycling, contrary to the trend in Florida and nationwide to encourage people to take advantage of the many benefits of cycling.  Perhaps you could enlist all the local cyclists in a campaign to reverse that trend in your community.

Jim asked: My family, which includes several experienced cyclists, is visiting xxx in Florida and have had some interesting experiences with police and a bike shop employee who have told us that we cannot ride on the roadway and we must ride on the pathway that is a large sidewalk/paved area.  My take is that the path is not designated a bike path via symbol or signage and it is littered with people puttering on beach bikes, kids on trikes and walkers, all getting in the way of us trying to ride at 20-30+ mph.  In reading the documentation here and elsewhere my take is that if there is a designated bike path with symbol and signage I am to ride there otherwise, as is the case here, we should ride on the road.

Answer

Even if the area is marked and signed or otherwise designated as a bike path, cyclists are never required to use a bicycle path or a sidewalk.  Cyclists may use a paved shoulder, sidewalk (Unless prohibited by local ordinance), or a bike path if they so desire, but it is not required.  A bike path is not a bike lane, which is a portion of the roadway marked for the use of bicyclists.  Use of a marked bike lane by cyclists riding in the roadway is mandatory under some circumstances.

You should ask anyone who thinks otherwise to show you the statute that requires it.  They will not be able to do so.  Please see this and the other posts related to sidewalks, bike paths and bike lanes:

http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/

I suggest that you take this information to the local police and ask them to clarify the situation for all users.

Is there a law that requires a bicyclist to use a marked and signed bicycle lane?  Are there any exceptions?

Answer

This is a revision to a previous post about this question.

As of September 2010, there is a requirement for bicyclists to remain in lanes marked for use by bicyclists under certain circumstances.  The revised language in the statute is highlighted.

s. 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 in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway ….

Some may believe that cyclists are always required to remain in bike lanes, which is not true.  The exceptions to the “keep right” rules remain the same for bike lanes.  The rest of section (5)(a) is unchanged and continues:

…. except under any of the following situations:

1. When overtaking and passing another bicycle or 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.

More discussion of this topic can be found here:

http://flbikelaw.org/2010/06/hb-971-–-bicycles-and-bicycle-lane/

Question

Ed asked: I found this on http://www.floridabicycle.org/rules/bikelaw.html :

Paved shoulders — Where a curb is not present, the right-hand edge of a roadway is the line between the roadway and the shoulder. Since the definition of “roadway” excludes the shoulder [§316.003], cyclists are not required to ride on paved shoulders, although they may prefer to do so.

What about if both a curb AND an edge line (but not a designated bike lane) are present?  e.g. as pictured here:

http://blog.cazbike.org/2010/11/pricehwy-101-frontage-roads-edge-lines.html

(Or don’t you do that in Florida?)

Answer

We used to do that here, but the new FDOT guidance eliminated such striping except when marked as a bike lane.  Please see:

http://flbikelaw.org/2010/05/pavement-ribbon/

Robin asked:  What is the best way to deal with salmons?  Those who are using the bike lane (on the road) riding in the opposite direction?  I’m going a good 20 mph with heavy traffic on my left and a curb on my right and nowhere to go and I’ve got kids and adults using the bike lane in the wrong direction.  What is the law concerning this practice?

Answer

Bicycle lanes are part of the roadway, and all traffic laws apply.  Bicycles are vehicles and with few exceptions, cyclists have all the rights and duties of other drivers.  They must comply with traffic laws.

For example, a cyclist in a bike lane cannot run a red light, as I once observed and challenged, and legally justify it as he did by claiming he was riding a bicycle and was in the bike lane.

The pavement markings designating a bicycle lane are traffic control devices.  They have arrows designating the required direction of travel.  Cyclists riding in bike lanes against the indicated direction of travel are violating a number of statutes.

If there is no bike lane, a cyclist in the roadway also must ride in the proper direction.

s. 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.

s. 316.081 – Driving on Right Side of Roadway; Exceptions

(1) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway.

s. 316.089 – Driving on Roadways Laned for Traffic

Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:

(3) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway; and drivers of vehicles shall obey the directions of every such device.

This site is intended to inform about the statutes related to bicycling and we cannot give advice about handling each situation.   We do suggest that, armed with this information, you contact your local police departments and bicycle advocacy groups to generate public awareness campaigns and education and enforcement programs to encourage compliance with all the laws.

Eric asked:  Near where I live there is an old bike lane that is about 15-20 years old. It has solid white lines right up to the intersection where I routinely turn right when I drive my truck there.

FS says I should get far to the right before making a right turn. I pretend there are dashed lines there and do so, that way a cyclist will have to slow down or stop behind me and I have no chance of right hooking him.

My wife says I will get a ticket. I say even if I do, I can prove the lane doesn’t follow AASHTO standards/ Florida Green book standards and I will win.

Who is right? (Well, given that the county judge understands the law).

Answer

Please see the post about bike lanes and right turns at:

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

Keri asked:  FDOT recently restriped several blocks of 2 one-way roadways in downtown. Both streets have three lanes and now have bike lanes on the right side. For most of my trips on these streets, my destination must be accessed from the left lane. In accordance with 316.2065(5)(b), I have always just used the left lane for the length of the road, so as not to have to merge across three lanes of traffic. Will HB 971 take away my right to do that?

Answer

See also:

http://flbikelaw.org/2010/06/hb-971-–-bicycles-and-bicycle-lane/ and

http://flbikelaw.org/2010/07/more-hb-971/

This situation was present before HB 971.  Now it will be more easily misunderstood, since bike lanes are specifically mentioned in the HB 971.

Actually, I believe the correct description should be “four-lane roadway, one of which is a bike lane.”

FDOT PPM Glossary of Terms

(21) Travel Lane: The designated widths of roadway pavement marked to carry through traffic and to separate it from opposing traffic or traffic occupying other traffic lanes. Generally, travel lanes equate to the basic number of lanes for a facility.

FS 316.003- Definitions

(18) Laned Highway – A highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.

Subparagraph (b) of the Bicycle Regulations presently states that cyclists can use the left lane of such a roadway.   That is the case now even with the requirement to “keep right” in some circumstances.

FS 316.2065 – Bicycle Regulations (Will change on September 1, when HB 971 takes effect – See the link above)

(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 ….

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

Since the two subparagraphs, (a) and (b), are equally weighted in the statute, it would seem that the use of either to support safe cycling roadway positioning depending on your destination is appropriate.

Before HB 971, it was clear in the statutes that there was no requirement to comply with subparagraph (a), when on a one-way highway with one or more marked travel lanes, and not required to “keep right”.

There doesn’t seem to be any difference with HB 971.  Crossing three lanes of traffic to get to the bike lane, then crossing again at your destination would seem to be less safe and convenient.

Two questions are common.

1. What is the impact of the bike lane provision on cyclists on the sidewalk?
2. What is the effect of the change on the group riders that ride 3, 4 or more abreast and use the roadway?

An officer forwarded the following Florida Department of Law Enforcement (FDLE) legal bulletin that addresses the change.  As far as I can determine, this is extent of the bulletin.

“Amends F.S. 316.2065(5)(a) to require bicycle riders to remain in a lane marked for bicycle use and if such a lane is not provided, riders must stay as close as practicable to the right-hand curb or edge of the roadway except as otherwise provided in the law.” (My emphasis)

First, let’s dispel the idea that this change has anything whatsoever to do with riding on the sidewalk.  This is the language that will appear in the change to the statutes on September 1^st.

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 in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway except ….

The sidewalk is not part of the roadway, so there is no effect on cyclists riding on the sidewalk.  The FDLE bulletin omits that part, leading to possible confusion.

This is that officer’s comment about the change in the law.

“I have talked to other officers and you are right, it is similar to prior verbiage, however it appears to be more explicit in stating that when a bike lane is present, cyclists must use it. In past conversations I have told you of the dilemma I am tasked with in dealing with pack riders who ride sometimes six abreast. Officers who read this new law and compared with 316.2065 (6) will definitely have and easier time understanding the laws new wording. However, this could be misconstrued and cause for future tensions with cyclists.”

The FDLE bulletin says “…. except as otherwise provided in the law”? What does that mean?

The bulletin does what virtually always happens, and ignores the exceptions, the exact problem I mentioned in the previous article about HB 971.  This memo stresses the times when a cyclist is required to keep right, and does not address all the other situations when a cyclist must leave the right side of the roadway, or a bike lane, for a lot of reasons.  I can’t imagine any statute suggesting that a cyclist or any other driver should stay in a lane or take any other action if it is not safe. Why not tell the law enforcement community that, instead of ignoring it?

This new change will reinforce the belief by many, including cyclists, that cyclists must always keep right and in bike lanes, even if they are endangered when they do so.

Many do not understand that the exceptions are the most important part of 2065(5) to the safety of cyclists and their right to use the roadways.  ”Keep right! Get out of my way!” is the only apparent concern.  Too many cyclists do just that, endangering themselves in the process.

The FDLE bulletin does nothing to change that.

Let’s not confuse the change in the law in 971 with the law that has always prohibited cyclists from riding more than two abreast.

FS 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.

Cyclists that ride as a mob are breaking the law and always have been.  Learn the law! Pull them over! Give them citations!  What’s so hard about that?  I have railed about that for years.

Until we get an understanding in Florida that cyclists riding legally do, in fact, have a right to ride as legitimate roadway users, we will continue to be the state with the worst bicycle crash record in the nation.  CA is second, and has more than twice the population.

Here is an email I received recently that shows the problem.

“I live in a bicycle friendly area and ride 300 miles per week, and motorists and bicyclists get along generally very well.  I spend my winters in Florida and I must tell you the difference is like night & day.  While it’s one thing to have a law on the books, it’s quite another to deploy it and apply it.  I don’t believe Fla. has done that.  I try to keep my mileage up while in Fla., but I’m pretty much on pins & needles the whole time as most motorists haven’t a clue as to how to negotiate a bicyclist regardless what lane they’re in or how fast they’re going.

What a huge education process you face!”

We hope to help change that with the Bicycle Law Enforcement Program.