Empty parking lane on Corrine Drive in Orlando

KC Asked: It seems clear to me that cyclists are not required to ride in an empty parking lane, but how is that defined in terms of as far right as practicable?

Answer

If the lane is not marked as a parking space, it would be part of the roadway and the normal rules about the roadway apply.

There is no statute that says, “Vehicle operators shall not drive in a marked parking space”.  However, the statutes do discuss traffic control devices.

The traffic control devices that have been adopted for use by the Department of Transportation are those of the Manual on Uniform Traffic Control Devices (MUTCD).  A parking space marking is a traffic control device.

MUTCD

Section 3B.19 – Parking Space Markings

Marking of parking space boundaries encourages more orderly and efficient use of parking spaces where turnover is substantial.  Parking space markings tend to prevent encroachment into fire hydrant zones, bus stops, loading zones, approaches to intersections, curb ramps, and clearance spaces for islands and other zones where parking is restricted.

Drivers are required to obey any traffic control device.

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 ….

In some cases, the statutes are specific about the required actions, such as that directing the use of a marked lane for its designated purpose.  This statute directs drivers to use lanes designated for a particular direction, a right-turn only lane for example.

FS 316.089 – Driving on Roadways Laned for Traffic

(3) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating lanes to be used by traffic moving in a particular direction ….

Another statute tells drivers of slower vehicles where they are required to drive.

FS 316.081 – Driving on Right Side of Roadway; Exceptions

(2) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic …. shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway.

A fact that a lane is marked for parking indicates its purpose and that it is not a “lane then available for traffic”.

Although the parking lane might be part of the roadway, we are still required to obey all traffic control devices.  We are prohibited from using a right-turn-only lane for through traffic.  Similarly, we are prohibited from using a parking lane as a lane then available for traffic.

We would not expect a motor vehicle operator to drive in a parking lane.  There should be no expectation that any other driver, such as a bicyclist with all the rights and duties of other drivers, would do so.

Sondra asked:  What would be the proper position for a cyclist when she approaches traffic on a busy street?  Can she continue on the right edge (and pass the automobiles) until she reaches the intersection and go ahead if the signal permits?

Answer:

Please see the two related August 21 posts in the archives.

Although the laws seem to permit passing on the right if there is room for two lines of traffic, along with other conditions, it usually isn’t recommended at intersections. You can set yourself up for a right hook at the intersection.

You should determine the safest time to leave the right side of the roadway and position yourself in the travel lane.  In that position you are more visible and motorists are not encouraged to try to pass.  Drivers should move as far to the right on the roadway as is practicable to prepare for the right turn, as is required by the statutes.

Although it isn’t specified in the statutes, since the preponderance of crashes occur at intersections and a number of statutes are directed at drivers entering intersections, an intersection would seem to be one of the “any unsafe conditions” that allow cyclists to leave the right side of the roadway.  One example is:

FS 316.183 – Special Hazards

The fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection …. and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle or other conveyance ….

After you fall in behind other traffic entering the intersection and move through the intersection past the danger point of right-turning vehicles, you can then return to the right side of the roadway if it is otherwise appropriate.

Cecelia asked:  I need further clarification on F.S. 316.2065(5)(a)(1). I understand that the statute states a bicyclist may leave the right-most portion of the road when passing, as well as in the other given situations. However, my question is exactly where is the bicyclist supposed to ride when exercising this right? The statute does not seem to address this.

Answer:

You are correct that the statute does not say where in the lane a cyclist can and should ride when not required to keep right.

FS 316.2065 –Bicycle Regulations

(1) Every person propelling a vehicle by human power has all the rights and duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter, and except as to provisions in this chapter which by their nature can have no application.

(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 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.  For the purpose 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.

The issue is normally cyclists impeding other traffic.

Although not specifically stated, the primary purpose of this section seems to be to require the cyclist to allow efficient traffic flow as long as the cyclist can do so in safety.  It appears to give the cyclist the discretion to react to situations that might be hazardous.

Note that the statute uses the term “reasonably necessary”, and not absolutely necessary.

Since the statute does not place any further restrictions on the lane position of the cyclist, the apparent intent is to allow the cyclist to use as much of the lane as is required to assure safety.  It does not address the impact on other traffic, and does not prohibit impeding other traffic.

In fact, other than the provision in the Bicycle Regulations, paragraph (6), that mentions cyclists impeding traffic when riding abreast, there is no statutory limitation on bicyclists impeding traffic when otherwise riding legally.

The only other statute that mentions vehicles impeding traffic applies only to “motor vehicles”, the statutory definition of which specifically excludes bicycles.

FS 316.183 – Unlawful Speed

(5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.

Note that a slow-moving motor vehicle can legally impede other traffic when necessary for safe operation.  That is the same stipulation that allows cyclists to leave the right side of the roadway, thereby impeding other traffic in some cases, when otherwise operating legally.  Safety clearly is paramount, with traffic flow secondary.

There is no restriction in the statutes on the lane position of a cyclist when not required to keep right.

There is a good discussion of cyclists legally impeding traffic in a training program for officers published by the National Highway Transportation Administration.  To order a copy of the video on CD-ROM, FAX your request to: 301-386-2194.

Since it is a national program, it does not discuss detailed state law.  The FBA Bicycle Law Enforcement Program will do that.  The first part should be available in early 2010.