Scott asked:  Last week I was stopped by a LEO in Palm Springs, FL while riding my bike on a 25mph 10′ wide lane on a residential street.  My lane position was slightly left of the right tire track.  The LEO insisted first that I must ride 3 feet from the road edge, then after reviewing the statute he insisted all the way to the road edge.  He threatened to cite me if I didn’t comply. What is the correct lane position on such a road and am I required to move over for traffic wishing to travel at a higher rate of speed. Or are they required to pass when it is safe to do so?

Answer

Please see:

http://flbikelaw.org/2010/01/substandard-width-lanes-even-more/

For other posts about this topic click on “substandard-width lanes,” “narrow lanes” and “lane position” in the tag cloud on the intro page.

I suggest that you provide this information to the police department and ask them to inform their officers.  This is another post that might be helpful to them.

http://flbikelaw.org/2010/04/a-department-bulletin-to-help-officers-understand-cyclist-safety-and-lane-use/

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/

Richard asked:  I live in a predominately college town. I recently moved and started biking to campus. There are no bike lanes for a portion of the road I have to ride down currently, and I am forced to either ride down the sidewalk which is crowded with pedestrians at frequent bus stops or ride down a 4 lane (two lanes each way) street. I prefer a car lane when at all possible due to hills and blind angles of cars pulling out on sidewalks.

I typically have no problem on the ride to work, but after I am done with the day and riding back I have had someone either almost drive into me, illegally passing me in a intersection and almost colliding with me every since the fall semester started. All of these situations have occurred at one intersection,  both on the sidewalk and while using a car lane.  I want to know if there is anything I can do by contacting the city or law enforcement to reduce the seemingly high odds of an accident occurring.

Answer

The police and local officials will not know about these conditions unless they are reported.  I recommend contacting them and local cycling clubs and other organizations to begin a dialog and cooperative effort to address this and other problems.  You may find that others have similar problems here and in other locations.  See these posts for other such cyclist/law enforcement cooperative efforts that have been successful.

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

http://flbikelaw.org/2009/10/lake-county-bicycle-summit/

As you have correctly pointed out, there are significant hazards associated with cycling on sidewalks which are frequently not recognized.

I must comment on your use of the term, “car lane”.  The roadways are for the use of all legal vehicles, and bicyclists have the same rights and duties as other drivers.  In some circumstances, a bicyclist must use a bike lane when present.  When a bike lane is not present, or in the many circumstances which do not require a cyclist to use the bike lane, cyclists must be fully aware of safe and legal cycling practices and use them for their own protection and comfort.

Although it sounds like you are an experienced cyclist, a great resource for safe cycling practices is the Florida Bicycle Association’s Savvy Cycling course.  You may want to consider the class and encourage local cyclists to become instructors to educate others in your area.

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It may not look right because you don’t see it very often, but this is legal and it’s the safest position for a bicycle driver

But don’t cyclists have to ride as far right as practicable?

316.2065(5)(a)(3) states that a cyclist does NOT have to stay right: “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. For the purposes of this subsection, a “substandard-width lane” is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.”

FDOT has determined that 14ft is the minimum width which allows most motor vehicles to pass cyclists within the travel lane. (See second page for diagram.)

The lane pictured above is 13ft wide. Most of the lanes in Orlando are 10-12ft wide. Bicycle drivers are not required to keep right, and are encouraged, for their safety, to occupy enough lane that motorists recognize they must change lanes to pass. By riding this way, cyclists can avoid road hazards, operate more predictably, encourage overtaking motorists to pass safely and discourage common motorist mistakes that result in crashes.

What about traffic flow?

It is rare for a bicycle driver to cause a significant disruption in traffic flow. It’s important to recognize the many causes of delay and congestion on the road. Traffic lights cause tightly-packed platoons of cars. If a cyclist is unfortunate enough to be stopped near the front of the platoon at a red light, it may take a few seconds for traffic to shuffle around him after the light changes. Most likely, all of those cars will be stopping again at the next red light. Bicycles are as normal and necessary a part of the traffic mix as Lynx buses, school buses, garbage trucks, freight trains and traffic lights. Even I-4, which has none of those things, has long delays just from cars and trucks.

Each of these crashes can be prevented by riding farther left

This is an important safety issue!

A significant contributor in crashes between cars and bikes is poor lane positioning by the cyclist. Riding too far right makes the cyclist hard to see and encourages motorists to squeeze past—dangerously close—in narrow lanes. In an effort to increase cycling safety and decrease crashes between bikes and cars, cycling educators are teaching cyclists to ride assertively on our roads.

They need our help.

If you see a cyclist riding in the middle of the lane, it is likely that cyclist is educated about the law and how to ride safely. If a motorist complains about a cyclist riding assertively, take the opportunity to educate that motorist. Making our roads safer and more hospitable to bicycle drivers will make our community healthier and more livable.

(Page 2)

Bicycles are Vehicles

• Bicycle drivers have the same rights and responsibilities as other drivers.
• Bicycle drivers must operate with the flow of traffic and obey traffic control devices.
• 316.2065 (5)(a)(3) applies to MOST roads in Orlando — A cyclist is entitled to the full lane when the lane is “substandard” (not wide enough to share).
• 316.151 (1)(b) gives a left-turning bicyclist the right to the full use of the lane from which the turn may legally be made (regardless of lane width).
• 316.183 Unlawful speed (5) only applies to MOTOR vehicles. 316.2065 (6) Two abreast only creates an unnecessary impediment if the lane is wide enough to share with a car when single file. If the lane is substandard, a single rider is entitled to the full lane so a second rider creates no additional impact.
• Cyclists are NOT required to ride in any place that would jeopardize their safety, this includes, but is not limited to, the door zone of parked cars, hazardous pavement, shoulders, safety zones, areas with poor sight-lines for crossing traffic, a part of the lane that would invite motorists to squeeze past them.
• Cyclists are NOT required to ride in empty parking spaces (a parking space is a traffic control device — a designated area for parked cars, NOT moving traffic).

For more information about Florida Bicycle Statutes, visit www.flbikelaw.org

Dan asked:  Who needs the most help, the cyclist, law enforcement, or both?

Answer

There’s a LOT of room for improvement all around.

Cyclists that violate the laws are the ones who get hurt.  The stats show that just a few poor cycling practices result in the vast majority of crashes.  They are:

• Riding against traffic
• Not yielding to other traffic when required to do so
• Riding on sidewalks and side-paths without fully understanding the inherent hazards (Including the first two items above)
• Riding at night without lights
• DUI

This pie chart is from the FBA cyclist education course. The data comes from a crash study done in Orlando, but numbers are consistent with most cities in Florida.

There are many that still believe the law requires them to ride against traffic.  That has been shown to be dangerous, and it is illegal in the roadway.

Cyclists that know the laws and comply, practice safe cycling practices, and ride as though they are driving a vehicle on the roadway, which of course they are, seldom become statistics. They not only avoid causing crashes, they can prevent crashes caused by common motorist mistakes.

Some officers are not fully aware of the laws about cycling.  Most receive little or no formal training.  Some see all cyclists in the light of those they see in crashes, primarily those above who have been killed or injured through unlawful actions.  If they are not cyclists themselves, they may not understand safe cycling practices, and feel they are acting in the interests of the safety of the cyclists.

Another area that isn’t clear to many, including police officers, cyclists, and motorists, is the fact that impeding traffic while otherwise operating legally, is not unlawful.  We are living in a motor vehicle society, and traffic flow is sometimes considered more important than safety.  When the emphasis is on traffic flow by someone who doesn’t understand safe cycling practices, it is a recipe for problems.

Don’t concentrate on the officers’ lack of understanding though.  Cyclists are their own worst enemies at times.  We create the environment we would like to change.  One example is riding the line while trying to be too polite (Or too afraid), intentionally exposing us to the debris and other hazards of the sewer that is the edge of the roadway. We encourage unsafe and illegal passing in narrow lanes, inviting drivers to try to squeeze by when there isn’t room, and asking for them to “mirror” us, or worse. That also reinforces the motorists’ belief that we are supposed to “Get out of the way!”  See Substandard-Width Lanes (Updated)

There is a vast gulf of misunderstanding by the motoring public of traffic laws in general, and those related to cycling.

Let’s not leave out government officials, who set the policies about cycling, and the folks who design and build our roads.  If they don’t ride bicycles, they may not understand the importance of their work on cycling.

We can change that.  That is the purpose of the program the FBA is developing. See Bicycle Law Enforcement Program.  It is a cooperative effort of cyclists and law enforcement.  FBA is doing the work with the recommendations and advice of the Officer Advisory Panel.

You can help that effort with your financial support.  We need about $100,000 this year to complete the program.  Last year’s work was funded by a single very generous donation of $70,000.  The first modules will be available soon.

Ask your club to donate $5,000 or whatever they can.  Of course your private donations will help.

PG asked:  I am a biker from Indiana. Am I welcome on this forum or is just for Florida bikers?Answer

Anyone is welcome who is willing to participate in a civil discourse about the Florida Laws related to bicycling.  This site is not intended as some blogs seem to be, to complain and stir up dissent and unrest.

We are trying to provide a place for law enforcement and cyclists to discuss some of the problems with cycling, cyclists, the laws and law enforcement, with the hope that we will all gain a better understanding of the roadways as a place for people to share safely and comfortably.  Please note the use of the word “people”, and not just “vehicles”, and consider the problems of the roadways in that sense.

The site is not intended to discuss safe cycling practices, but we will sometimes do so to show the correlation between the laws and those practices.

If it appears the comments are sometimes critical, we won’t avoid them, but will try to find the lesson that will help us all with a better understanding of the laws.  Together, we will try to learn from our mistakes.

That applies to those of us who are providing the information here.  We welcome any constructive criticism of the materials on the site.  There is little case law to help us, and we are giving the best information available.  If anyone has formal legal opinions or case law that applies to the Q&A here, please share them.  Please phrase any contradictions in the terms of the statutes.

This site is a partnership of cycling professionals and officers who want to help make a change in the roadway environment.

Some officers receive little of no formal training about bicycling.  If they are not cyclists, they may not understand why cyclists do what they do.  We will help law enforcement fully understand what causes cycling casualties, and encourage them to strictly enforce the laws that are intended to eliminate unsafe and unlawful cycling actions.   Those problems mar the reputation of the rest of us who are trying to comply.  We will also help them understand the impact of misunderstanding the statutes and incorrect actions regarding cycling.

We also want cyclists to fully understand the laws and the circumstances that cause the excessive crashes, injuries and deaths.   Many feel they are not required to comply with the laws or don’t understand safe cycling practices.  The person who runs a red light gives us all a bad reputation, since most non-cyclists don’t distinguish between cyclists.  We are all the same to them.

If cyclists and law enforcement professionals in other states can gain by contributing to this site, please join us.  Understand though, that the laws of different states may differ from Florida.  They are however, derived from the Uniform Vehicle Code, and may have similarities.  Some are identical. Please make that distinction in your state. If your state has a better solution to a common problem, please let us know.

The traffic laws in Florida are sometimes difficult and ambiguous.  Through a thorough airing of the problems, in the context of understanding the actual statutes, all participating in this dance will become better partners.  The result of that can only be a better quality of life for everyone.

1.  The Florida Department of Transportation has stepped in to make a major contribution to the peace and tranquility of roadway users in Palm Beach County.  They have approved signage for the Ride Right/Drive Right Campaign.  The signs will be posted in strategic locations that are being determined now.

2.  Comcast has provided $200,000 worth of free advertising for PSA’s that zMotion has produced and which are being aired in the region.

Background:

There was an incident in Boca Raton, in which a group of cyclists made the press for beating up a car, resulting in one cyclist being arrested, in response to what they considered intentional and dangerous harassment by the motorist.  The charges were dismissed, but there is plenty of blame for all involved and the continuing circumstances that led to the incident.

This isn’t to discuss that incident.  Rather, it may have spawned an opportunity to make some real progress in resolving the long-standing problems of aggressive and illegal behavior of some groups of cyclists, and motorists’ actions that endanger cyclists.

Part of the problem has been that no one with the clout to truly affect the situation has been willing to step up and take control.  That changed as a result of the incident.

Pat Petregnani, the head of Zimmerman Advertising in Ft. Lauderdale, is also head of zMotion, a cycling organization of 600 cyclists, including some of the top racers in the state.  He is willing to take the reins in South Florida and try to effect a behavioral change in cycling, particularly on A1A.

Pat has initiated a campaign called Ride Right/Drive Right, which will include cyclists, law enforcement and the town councils of the affected communities in an effort to publicize and encourage legal and courteous behavior of cyclists and motorists.

Jeff Lynne, an attorney and head of South Florida Bicycle Coalition, has joined with Pat to add his considerable political and legal background to the effort.

Since I am familiar with the problems and with the law enforcement community in the area, I attended meetings with six affected police departments.  The departments are:

Boca Raton,Delray Beach, Highland Beach, Ocean Ridge, Manalapan, Gulfstream

The law enforcement community is enthusiastically supporting this serious effort of cyclists to take control and police themselves.  Details are to be worked out, but generally the initiative includes:

• An agreement about acceptable behavior of cyclists, to be determined.
• Recognition that cyclists are endangered by the illegal actions of motorists.
• Pressure by Pat and others to discourage problematic behavior of cycling groups.  zMotion riders have boycotted two of the offending rides.
• PR videos, PSA’s and other materials to be developed in-house at Zimmerman.
• Coordinated and uniform effort of law enforcement throughout the corridor.
• Municipalities were asked to post signs saying “Three Feet Please” and “Ride no More Than Two Abreast”.

All of the departments were aware of the Bicycle Law Enforcement Program, and some have officers on the Officer Advisory Panel.

Our involvement demonstrates the benefit of the Florida Bicycle Association’s continuing role in the Bicycle Law Enforcement Program and contact with the law enforcement community.

FBA has had and will have future opportunities to assist and participate in law enforcement interests around the state as the Bicycle Law Enforcement Program is developed and they more become aware of our pro-active role in supporting them.

The “Ride Right/Drive Right” campaign is local now due to the immediate opportunity created by the incident and Pat’s considerable effort.  When all the details are worked out and the initiative is fully implemented, this may be developed as a model program that can be exported throughout the state as similar problem areas and opportunities are identified.

Sgt. Tom McKane (Center) and Deputy Gabriel White, Lake County Sheriff’s Office, with Rick Pitner at the Lake County Bicycle Summit in Mt. Dora, FL.

Lake County is a beautiful county and a particularly attractive cycling venue due to the differences in elevation that are unique to that part of Florida.  The county attracts literally thousands of cyclists annually to ride and train in that environment.  The county actively solicits cycling activities.  The recent Mt. Dora Bicycle Festival drew about 1000 cyclists that stayed in local hotels, visited local restaurants and made a significant contribution to the local economy.

Cyclists and government officials have become aware of an increasing trend in verbal abuse and threats to cyclists by motorists, and are concerned that such acts will discourage cyclists from visiting.  If the trend continues, the resulting negative impact on the otherwise peaceful and friendly environment and economy of the county could be devastating.  The county does not want to become known as unfriendly to cyclists and others.

In July, a group of 35 cyclists and 15 law enforcement officials, led by Sheriff Borders, met to consider possible solutions.  FBA was invited to introduce the Bicycle Law Enforcement Program.  The most important outcome of the meeting was the agreement to form a continuing relationship to address known problems and others that may arise in the future.

Some cyclists are also guilty of contributing to the problems by violating the laws and contributing to an unfavorable image of bicyclists as scofflaws.  The working relationship of cyclists, law enforcement and government officials will foster not only better treatment of cyclists, but also improve cyclists’ compliance with the laws.  A winning resolution for all!

In October, a Bicycle Summit was held in Mt. Dora to discuss and emphasize the continuing efforts of the partnership of the cycling community and law enforcement.  They are pursuing a number of actions to publicize the importance of cooperative use of the roadways.

Relationships such as this are the key to understanding and resolving problems and improving the roadway environment and the quality of life of residents and visitors.