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.

The section of interest is a change to s. 316.2065 – Bicycle Regulations, which will state:

(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 ….

The change is highlighted. That would seem to be quite logical until the full impact is understood.

That provision will have no legal or enforcement effect if correctly applied.  It is unnecessary and redundant.

As the law presently stands, when a bicyclist is required to ride as close as practicable to the right-hand curb or edge of the roadway the cyclist would necessarily be required to ride in an existing bike lane.  There is no change to that requirement with the new language.

Please note that I said “WHEN a bicyclist is required to ride as close as practicable to the right-hand curb or edge of the roadway”.

The problem with the change is that it exacerbates an existing misunderstanding of the remaining part of (5)(a), the exceptions that permit a cyclist to leave the right-most curb or edge of the roadway, and reinforces the incorrect belief of many that cyclists are always required to “keep right”.   Some may now also believe that cyclists are always required to remain in bike lanes, which is also not true.

The rest of section (5)(a) is unchanged and continues:

(Keep right) 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.

Presumably, if there is a proper bike lane, the section about substandard-width lanes will not be of concern, since the roadway with a bike lane will be wide enough to permit safe passing if the cyclist is in the bike lane.

Most people only know of the first part of (5)(a) and do not understand the exceptions.  That is true for motorists, many officers and many cyclists, who sometimes hazard themselves by doing things they think are required, such as always staying to the far right of the roadway.

With the new language, there will even greater misunderstanding of the exceptions.  Those who are not fully versed in safe cycling practices will now believe that cyclists are not only required to keep right, they are required to stay in the bike lane.  In other words “Get out of my way – Get in the bike lane -That’s what the law says.”

In fact, there will still be the same conditions that require a cyclist to leave the right side of the roadway, whether there is a bike lane or not.  The same ones that previously gave the cyclist the right to ride safely and move left to pass, prepare for a left turn, and avoid any unsafe condition.  Cyclists traveling at the same speed or faster than other traffic will still not be required to keep right or stay in the bike lane.

There are numerous reasons that this misunderstanding will worsen cyclists’ already existing plight.   I will just mention two.

Door Zone Bike Lanes

Roadway design criteria call for installing bicycle lanes immediately to the left of parked cars.   Those are inherently unsafe to cyclists traveling at more than a very slow speed, and are unsafe conditions for faster cyclists.

Even without the new provision in the law, cyclists are frequently warned to “Stay in the bike lane” by uninformed officers and motorists.  Uneducated and inexperienced cyclists will remain in the bike lane without understanding that doors will open illegally and dangerously without warning, causing the cyclists to either crash or swerve left at the last moment, possibly into the path of motor vehicles.

Intersections

A large percentage of crashes occur at intersections. An experienced rider will recognize an intersection as an unsafe condition and act accordingly.

Bicycle lanes are supposed to change from a solid white line to a dashed line before an intersection, indicating that the motorist should move as close to the right-hand curb or edge of the roadway as is practicable to prepare for a right turn, as the law requires, and the cyclist may leave the bike lane to be more visible and fall in behind other traffic to avoid conflict with a right-turning vehicle.

Too often, bike lanes are not properly installed and continue as solid lines to the intersection, giving the impression that cyclists must remain there, placing them in conflict with drivers who illegally and dangerously turn across the bike lane without yielding as required.

There are many other such examples that will worsen the misunderstanding of cyclists proper and legal roadway positioning.  One of the challenges of the Bicycle Law Enforcement Program will be to explain these circumstances.  That was already difficult, but will now be even of greater importance.

Jeff asked: A ribbon of pavement exists to the right of the white stripe of the right-hand-most through traffic lane. It appears to have been designed and constructed to the specifications of a bicycle lane. However, there are no lane markings or signage indicating that it is a bicycle lane. What is it?
I forgot to mention that the right hand edge of this ribbon of pavement is bounded by a curb. Now, what is it? How is any layman supposed to know?

Answer

Excellent question!

Prior to the update of the Florida Department of Transportation planning and design guidance, their definition of  bicycle lanes included four parts:

Designated bike lanes on 1. Curb and gutter roadways, and 2. Flush shoulder roadways.

Undesignated bike lanes on 3. Curb and gutter roadways, and 4. Flush shoulder roadways.

What you describe is what was number 3, an undesignated bike lane on a curb and gutter roadway.

In January 2009, the new Plans Preparation Manual changed the definition of a bike lane to:

Bicycle Lane: A bicycle lane (bike lane) is a portion of a 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.

In the  2007 Florida Greenbook, the definition is similar to the new PPM definition.  It may have been changed since then, but that’s the version I have.

You may recall that the Department defines “roadway” as including the paved shoulder, but the statutes exclude the paved shoulder.

For the purpose of the laws, the ribbon you describe is simply part of the roadway since a curb is present, and if required to keep right under the circumstances, cyclists would be required to remain there, as close as is practicable to the rightmost curb or edge of the roadway.  If the “ribbon” is four -five feet wide, there is probably room to safely share the roadway.  Of course there are many exceptions to the “keep right” rule.  The solid white line represents a lane and is too narrow for motor vehicles, so they shouldn’t be there most of the time, but there is no special treatment such as a marked and signed bike lane.

The old markings will be around for a while.  They are meaningless and counterproductive, since many believe they are bike lanes.  In some cases, such markings are less than the required width for a bike lane, but some still think they are bike lanes.  One road near where I live has such a ribbon about two feet wide.

The Department’s new guidelines are a big improvement.

A layman can find out these things by asking Geo at this site.

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.

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.

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?

Answer:

There is a difference in the definitions of “bicycle lane” used by the Florida Department of Transportation (FDOT) and the national Manual on Uniform Traffic Control Devices  (MUTCD).  One uses “preferential or exclusive”, and the other uses only “preferential”.

MUTCD

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

FDOT Plans Preparation Manual (PPM)

Glossary of Terms

Bicycle Lane:  A bicycle lane (bike lane) is a portion of a 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.

If they are “exclusive” that seems to imply a higher priority for bicyclists use of the bike lane than does “preferential”, but which applies to the traffic laws?

There is no statute that says, “Motor vehicles shall not use bicycle lanes”, and the only mention of “exclusive” use of bike lanes by bicyclists in the statutes refers to parking or cyclists riding abreast in a bike lane.

The statute that directly applies to this situation gives directions for vehicles passing on the right.

FS 316.084 – When Overtaking and Passing on the Right is Permitted

(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

(a) When the vehicle overtaken is making or is about to make a left turn;

(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;

(c) Upon a one-way street, or upon a roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

(2) The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety.  In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

Safety is paramount.  If there is sufficient width for two lines of moving traffic, passing another vehicle on the right is permitted as long as the overtaking vehicle remains on the pavement or main-traveled portion of the roadway.  The statute does not state what width is sufficient and it does not specify what is safe.  The three foot minimum safe passing distance only applies to passing bicycles.

One other consideration might be the requirement for vehicles to travel within a single lane.

FS 316.089 – Driving on Roadways Laned for Traffic

Whenever any roadway has been divided into two or more clearly marked lanes for traffic ….

(1) A vehicle shall be driven as nearly as practicable within a single lane ….

The typical bike lane is 4-5 feet wide.  That is obviously narrower than the average motor vehicle.  Vehicles are required to stay within a single lane, and drivers would not be in compliance if the vehicle is partially within a bike lane.

What is “as nearly as practicable”, and how does it apply to this situation?  It isn’t clear.

The main consideration in this case, as in all other traffic situations, is safety.  Traffic flow is secondary.  That is stressed in another statute.

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

(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 with safety and without interfering with the safe operation of any vehicle approaching from the same direction.

Lacking any specific and well-defined prohibition, it seems the laws allow a motorist to pass another on the right using the bike lane if it is safe.

Question:

Roger asked:  But what about when the car is not making a turn (Re: The post on Right Turns)? For example, the road does not have any turns.  Is a car allowed to use a bike lane? I thought the bike lanes were for the preferential and/or exclusive use of bicycles.  Can a car be left parked in a bike lane?

Answer:

Since the original post, in which I confirmed Roger’s statement that bicycle lanes are “preferential or exclusive”, I have discovered a recent change in the Department of Transportation’s (FDOT) Plans Preparation Manual that removed the “exclusive” wording from the definition of bicycle lanes.

Glossary of Terms

3. Bicycle Lane: A bicycle lane (bike lane) is a portion of a 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.

According to FDOT, they are now “preferential”, but not “exclusive”.  Apparently, that was done to remove the conflict of vehicles being required to enter the bike lane to prepare for a right turn, as discussed in the other post.

If that is valid, the provisions in the statutes that use of the word “exclusive” would be rendered moot, and vehicles would not necessarily be prohibited from standing or parking in a bike lane for that reason.  There are other considerations though.

FS 316.1945 – Stopping, Standing, or Parking Prohibited in Specified Places

(1)  …. 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.

The elimination of the word “exclusive” from FDOT’s definition does not mean that motorists may use bike lanes.  Although there is no specific statement in the statutes that says “Motor vehicles shall not use bike lanes”, there is other directive language.

The typical bike lane is 4-5 feet wide.  That is obviously narrower than the average motor vehicle.  Vehicles are required to stay within a single lane and drivers would not be in compliance if the vehicle is partially within a bike lane.

FS 316.089 – Driving on Roadways Laned for Traffic

Whenever any roadway has been divided into two or more clearly marked lanes for traffic….

(1)  A vehicle shall be driven as nearly as practicable entirely within a single lane….

If a motor vehicle is parked in a bike lane, it could be deduced that the vehicle was moving before being parked, and was moving partially within the bike lane, a violation of the above statute.  That is similar to the successful argument used for cars parked facing the wrong direction and against the flow of traffic.

The counter to that might be that the vehicle was driven as “nearly as practicable” within the same lane and it was necessary to use more than one lane to arrive in the parked position.

The other argument that I had used may not be useful with the change in FDOT’s definition of bike lanes.  It related to official control devices, which includes the roadway markings and signage designating bike lanes.

FS 316.003 – Definitions

(23)  Official Traffic Control Devices – All signs, signals, markings, and devices … for the purpose of regulating, warning, or guiding traffic.

As directed by statute, the Department of Transportation adopted a uniform system of traffic control devices.

FS 316.0745 – Uniform Signals and Devices

(1)  The Department of transportation shall adopt a uniform system of traffic control devices for use on the streets and highways of the state.

The Manual on Uniform Traffic Control Devices ( MUTCD)

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

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….

There is no question that FDOT can selectively use certain official control devices from the MUTCD, and that they require compliance.  Less certain in my mind is whether FDOT can redefine bike lanes and eliminate the “exclusive” wording, effectively of rendering those provisions of the statutes moot.  Those are legal and legislative questions beyond the scope of this site.

In any event, the practical effect of the change is insignificant.  Motorists must remain in a single lane and cannot enter the bike lane, except as discussed earlier.  If certainty is needed, “No Parking – Bike Lane” signs may be appropriate.