Nathan asked: Is there a legal way to walk with traffic on a one-way street without sidewalks? Or do you have to go to the next block?

Answer

The applicable statute is:

s. 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 traffic.

(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 in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.

Mark asked: I live (and ride) along the East Coast of Florida (in Fort Lauderdale) and when I am in the bike lane on A1A (headed north) there is no traffic on my right hand side, as of course it is the Atlantic Ocean. Do I still need to stop at a red light if I am going straight and I am in the bike lane? The only possibility of an accident would be someone turning from a perpendicular road that would be heading north (as it is a one way road) and if that driver turned too wide and went into the bike lane. Obviously this is a very real possibility, however I was just wondering if I am still required by law to stop at said red light or can I proceed at my own risk?

Answer

Short answer:  Yes, you are required to stop for the red light.

Actually there is another possibility of an accident, that of your colliding with a pedestrian legally crossing the roadway.

The applicable statute is:

s. 316.075 – Traffic Control Signal Devices

(c) Steady red indication

1. Vehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown

A similar statute applies to intersections with stop signs.

s. 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 at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.

A bike lane is part of the roadway as defined in both Florida and national roadway guidelines.

FDOT Plans Preparation Manual

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 and special pavement markings for the preferential use by bicyclists.

Manual on Uniform Traffic Control Devices

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

Roadway is defined in Florida statutes.

s.316.003 – Definitions

(42) Roadway – That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

The MUTCD defines it further by considering bicyclists on the shoulder.

178. Roadway—that portion of a highway improved, designed, or ordinarily used for vehicular travel and parking lanes, but exclusive of the sidewalk, berm, or shoulder (Not marked as a bike lane) even though such sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles.

A properly marked bike lane will incorporate the stop bar across the entire roadway, including the bike lane.

MUTCD

224. Stop Line—A solid white pavement marking line extending across approach lanes to indicate the point at which a stop is intended or required to be made.

The same is true of crosswalk markings.  Note the use of the term “traversable roadway,” which includes the bike lane.

44. Crosswalk

(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway, and in the absence of a sidewalk on one side of the roadway, the part of a roadway included within the extension of the lateral lines of the sidewalk at right angles to the center line; (b) any portion of a roadway at an intersection or elsewhere distinctly indicated as a pedestrian crossing by pavement marking lines on the surface, which might be supplemented by contrasting pavement texture, style, or color.

See also:

http://flbikelaw.org/2012/04/t-intersection-crosswalk/

Herman asked:  Is there a minimum width requirement for a bike lane to be a bike lane?

Answer

Generally, a bike lane on a curb and gutter roadway is four feet wide, not including the gutter pan.   On a flush shoulder roadway (No curb) it is five feet wide for new construction, but can be four feet for repaved roadways.

Florida Department of Transportation

Plans Preparation Manual

8.4.1 Bicycle Lanes

Where required by Table 8.1.1, a bicycle lane shall be provided for each direction of travel on the roadway. Bicycle lanes shall be marked in accordance with Design Standards and the MUTCD.

On curb and gutter roadways, a 4-foot minimum bicycle lane width measured from the lip of the gutter is required. This provides for a 5.5-foot width to the face of curb when FDOT Type F curb and gutter is used. The 1.5-foot gutter width should not be considered as part of the rideable surface area, but this width provides useable clearance to the curb face. A minimum width of 5 feet shall be provided when the bicycle lane is adjacent to on-street

parking, a right-turn lane, guardrail or other barrier.

On flush shoulder roadways, the paved shoulder described in Section 8.4.2 should be marked as a bicycle lane in or within 1 mile of an urban area.

Where parking is present, the bicycle lane shall be placed between the parking lane and the travel lane and have a minimum width of 5 feet. If the parking volume is substantial or the turnover is high, an additional 1 to 2 feet of width should be provided if available.

At intersections with right turn lanes, the bicycle lane shall continue adjacent to the through lane; between the through lane and the right turn lane, and shall be 5 feet in width for new construction and reconstruction projects. On RRR projects where the bicycle lane is required in accordance with Chapter 25, a 5-foot bicycle lane width should be provided (4- foot minimum).

Bicycle lanes shall be one-way facilities and carry bicycle traffic in the same direction as adjacent motor vehicle traffic. On one-way streets, bicycle lanes should generally be placed on the right side of the street. A bicycle lane on the left side of the street can be considered if it will substantially reduce the number of potential conflicts, such as those caused by frequent bus traffic, heavy right-turn movements, high-turnover parking lanes, or if there is a significant number of left-turning bicyclists.

8.4.2 Paved Shoulders

A paved shoulder is a portion of a roadway which has been delineated by edge line striping, but does not include special pavement markings or signing for the preferential use by bicyclists. Paved shoulders shall be 5 feet in width for new construction, reconstruction and RRR projects, however existing 4-foot paved shoulders on RRR projects may be retained.

A paved shoulder of at least 4 feet in width is considered to be a bicycle facility, however a minimum 5-foot clear width between the traveled way and the face of curb, guardrail or other roadside barrier is required.

Nathan asked:  Are you required to use a shoulder that is marked as a bike lane?

For example: http://maps.google.com/maps?hl=en&ll=29.68452,-82.228471&spn=0.008296,0.016512&gl=us&t=m&z=17&layer=c&cbll=29.684345,-82.228663&panoid=hnjR0kHKenOb_aRjkq9rSQ&cbp=12,248.86,,0,0.09

This is obviously a shoulder, yet a sign says BIKE LANE BEGINS. (Incidentally, there’s a share the road sign just before this.)  Does calling a shoulder a lane make it legally a lane?

Answer

Under some circumstances, cyclists are required to use “lanes marked for bicycle use”.  There are many exceptions.  See this post:

http://flbikelaw.org/2011/04/bike-lanes-2/

Note that the statute does not say “bicycle lane”, for which there is no statutory definition.

A “bicycle lane” is defined in Florida Department of Transportation documents as:

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 and special pavement markings* for the preferential use by bicyclists.

*Note the new definition which removes “signing.”

The Manual on Uniform Traffic Control Devices specifies the requirements for a proper “bicycle lane.”

Section 9C.04 Markings For Bicycle Lanes

Pavement markings designate that portion of the roadway for preferential use by bicyclists. Markings inform all road users of the restricted nature of the bicycle lane.

Roadway markings are mandatory, but “Bicycle Lane” signs are optional.

If the word, symbol, and/or arrow pavement markings shown in Figure 9C-3 are used, Bike Lane signs (see Section 9B.04) may also be used.

The paved shoulders you describe must have periodic pavement markings in addition to signs to be “a lane marked for bicycles” described in the statute above.

David also asked: Yesterday (Sunday, April 1) on the Rickenbacker Causeway in Miami, a police officer was getting all upset about a group of about 50 – 100 cyclists taking up a whole lane of the road. He was screaming out of his window for us to “keep right.” The Rickenbacker causeway also has a bike lane painted on it. Could you please discuss the legal status of a group of cyclists taking an entire lane in a double-lane road? From reading your site, I believe a) that we are not impeding traffic because there is still another lane for vehicles to pass. b) we are indeed violating the “two abreast” rule.  c) We are not obligated to be in the bike lane because we are passing a steady stream of slower cyclists who are in the bike lane. d) If (hypothetically speaking) the bike lane was empty, we’d still spill over into the road lane, this time violating the statute. So, what rights does a large group of cyclists have to cycle as a group in the road?

Answer

Short answer:  None.

A cycling group is not a defined entity in the statutes.  Rather, each cyclist is operating a vehicle and has the same rights and duties as other drivers while in the roadway.  A bicycle lane is part of the roadway.

Cyclists do have some advantages not applicable to drivers of motor vehicles, such as no requirement to have a driver’s license, no points for a violation of traffic laws and  legally impeding traffic under some circumstances.  On the other hand, they are also required to “keep right” and in the bike lane under some circumstances.  There are many other posts on this site about the exceptions to the “keep right” rules and impeding traffic.

The premise of your question is already answered in your statement, “We are indeed violating the ‘two abreast’ rule.”  If you are admittedly operating unlawfully, how can we devise a statutory justification?

The provisions in the statutes that apply are:

s. 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 under this chapter

Let’s not conveniently forget the part about “all the duties” of other drivers.

One of those duties is to comply with the provision that cyclists

(6) …. may not ride more than two abreast at any time except on paths or parts of roadways set aside for the exclusive use of bicycles.

Another is the requirement to ride within a single lane.  A bicycle lane is a lane.

(6) (Cont.) Persons riding two abreast may not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions then existing and shall ride within a single lane.

Cyclists when traveling in a group do not have any special privileges.  In fact, they have a greater responsibility to ride lawfully since their presence creates problems for others.  I am aware of numerous situations throughout the state in which cyclists traveling in large groups routinely run lights and unlawfully take up a full lane and overflow into the adjacent lane, even the lane for on-coming traffic.   Among other locations, I have heard the complaint about Rickenbacker Causeway that groups sometimes overflow into both main travel lanes.  Some groups seem to feel that the roadway is their own personal racing venue, and that the laws do not apply to them.

I fully understand the fact that some cyclists travel in groups for a feeling of security that is not necessarily provided by a respect for the laws and cycling rights by others and full and fair enforcement of the laws that should protect cyclists.

Another consideration that is not addressed in the statutes is that when large groups of cyclists do ride legally, single file and taking the lane in substandard-width lanes, the line can be so long that it becomes virtually impossible for motorists to legally and safely overtake and pass.

I recommend joining organized cycling groups such as the Florida Bicycle Association, or in your area, the South Florida Cycling Coalition, to help them help you to resolve these problems and create a more cycling-friendly environment in Florida.

David asked: If a police officer decides to enforce a non-existent law or a misinterpretation of an existing law (e.g., a police office tickets me for not cycling in the bike lane even though I’m overtaking another cyclist in the lane) what recourse do I have?

Answer

Let’s assume you are riding alone or single file, and otherwise obeying all laws, leaving the bike lane, passing and returning to the bike lane in a timely manner.  The applicable statute is shown at this post:

http://flbikelaw.org/2011/04/bike-lanes-2/

You have a number of options.

If the opportunity presents itself, and if you are carrying a Law Enforcement Guide to Bicycling Laws produced by the Florida Bicycle Association, you can ask the officer to review the applicable section.

You can ask to speak to a supervisor while on scene to explain your case.

You can pay the fine and end it there.

You can wait and attend traffic court and explain your case.

You can retain counsel to explain the circumstances to the judge.

You can retain counsel and file a motion to dismiss before the court date.

The latter option is recommended.  Traffic courts are hurried and chaotic, and you cannot be assured of a full hearing and opportunity to fully explain the laws and circumstances.  Decisions are inconsistent in different jurisdictions.  See this post:

http://flbikelaw.org/2010/03/two-citations-identical-circumstances-opposite-verdicts/

If the facts and statutes are laid out in advance in an office setting instead, there is ample time to receive a full review.   You also have the written evidence to use in an appeal if the decision is not favorable.

You can also write to the Mayor, Chief of Police, Sheriff, County or Municipality Commissions to bring the situation to their attention and ask for further education of the officer and others.

For the best results long-term, you can also attend your local Bicycle/Pedestrian Advisory Committee meetings to advocate for cyclists rights, or organize a joint cyclists/law enforcement effort to attain uniform compliance and enforcement in your community.  This is one example of such a successful effort in Palm Beach County.

http://flbikelaw.org/2010/01/riderightdrive-right-campaign/

Thomas asked:  I was pulled over today and was told by local police that when a bike lane is available it must be used instead of vehicle roadway.

Answer

A bicycle is a vehicle under Florida statutes and bicycle operators have all the rights and duties of other drivers, with some limitations.  Under some circumstances, they must use lanes marked for the use of bicycles.  There are many exceptions.  See the following post.  Also you can click on “bike lanes” in the tag cloud for much more information about this subject.

http://flbikelaw.org/2011/04/bike-lanes-2/

Audrey asked:  I commute about 11 miles (each way) to work and have been riding across a 6 mile long bridge for months now.  I’m a recent transplant from Chicago and have been a cyclist for over a decade.  A few weeks ago while riding at least 25 mph around a turn on the bridge (two lane bridge surrounded by the bay–55 mph speed limit), I saw a large sign at the last minute and crashed directly into it.  Broken collarbone, serious concussion.  It took up the entire shoulder and consisted of a wooden easel thing with two signs on both sides (weighted with sand bags, etc.).  The construction wasn’t for another 4-5 miles ahead (and wasn’t started yet).  Are they liable?

Answer

A bike lane is part of the roadway.  The paved shoulder is not part of the roadway if it is not marked as a bike lane.

s. 316.003 – Definitions

(42) Roadway – That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

Bicyclists may use the shoulder, but are not required to do so.  Questions about liability in a specific situation should be addressed to an attorney.  See this post and the imbedded link about the laws related to obstructions:

http://flbikelaw.org/2012/02/obstructions-in-bike-lane/

Herman also asked: Does the following apply even if the person riding a bicycle is the only traffic on the road?

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 ….

Answer

The phrase “normal speed of traffic at the time and place and under the conditions then existing” is not defined in the statutes and as far as I know, has not been the subject of case law or legal opinion that is applicable to bicycling.

Contrary to popular belief, bicyclists are vehicles and traffic.

s. 316.003 – Definitions

(2) Bicycle – Every vehicle propelled solely by human power

(75) Vehicle – Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway

(57) Traffic – Pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances either singly or together while using any street or highway for purposes of travel.

The intent of the “keep right” provisions of the Bicycle Regulations” is clear.  Slower-moving bicyclists should not impede traffic under some circumstances.

A common sense reading of that phrase would indicate that the only existing traffic, the bicyclist, would be the normal speed of traffic at the time and therefore would not have to remain in the lane marked for bicycles or the right side of the roadway since there is no impediment to other traffic.

The statutes seem to dictate that bicyclists should use bike lanes when present, lacking cause. If there is a need to leave the bike lane or right side of a roadway without bike lanes to pass, prepare for a left turn, or avoid any unsafe condition, the statute is clear that it is legal to do so.

I am aware of one case in which it was argued that the normal speed of traffic is the posted speed limit.  I believe roadway agencies in some cases use 85% of the average motor vehicle speed as the posted speed limit, arguing that posted speeds lower than that encourage dangerous passing by frustrated drivers.  Is the “normal speed of traffic” actually higher than that posted?

The question could also be posed as one motorist traveling in the presence of a group of 100 bicyclists, or one bicyclist and one motorist.  What is the “normal speed of traffic at the time and place and under the conditions then existing?”

As far as I know it is not definitively decided, but any reasonable approach to the question should reveal a common sense answer, that bicyclists that are not impeding other traffic are not violating this statute.

See also the other posts at this link.

http://flbikelaw.org/tag/impeding-traffic/

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/