In reference to the substandard-width lane:  As you know, I work on A1A which is a substandard-width lane roadway. The speed limit is 35 miles per hour and there is a no passing zone. If a bike rider was riding single or double and not maintaining the normal flow of traffic would this be a violation?
If not, could you please explain where you are getting your legal opinion for this statute?

Answer:

I will address this in three separate posts.

1. Is this a violation? In this post.
2. No passing zone.
3. Legal basis for this site.

It appears that we have crossed messages and you haven’t seen the previous post about bicyclists riding abreast and impeding traffic.  I believe that answers most of the question, but I will add the following:

There doesn’t seem to be any question about the single cyclist taking the lane in a substandard-width lane.  The statute is quite clear that in that case the cyclist is not required to keep right, even if other traffic is impeded.

If two cyclists are impeding traffic while riding abreast in a wide outside lane (14 feet minimum width), it is a violation and they should keep right and single up.

Now imagine a single cyclist taking the lane in a narrow lane and a second cyclist riding ten feet behind or ten feet ahead, but not exactly abreast, or one behind the other.  They are not riding abreast, and may be legally impeding traffic.  If they move alongside each other they are now riding abreast, and impeding traffic exactly as they were before.  If the phrase in the statute is taken out of context, and the intent of the statute is not considered, some might conclude that a violation has occurred.  Common sense would dictate otherwise.

Two cyclists riding abreast in a narrow lane are impeding traffic, but no more than the single cyclist taking the lane.

This is an example of the statutes being written without clearly considering and accounting for all possible circumstances.  I believe this is one that needs to be clarified.

Writing citations that are based on such a tenuous interpretation of one phrase the statute and disregarding the intent of the statute would not seem to be an effective use of an officer’s valuable time.  There are plenty of opportunities to cite illegal acts that might result in cyclists and motorists being endangered.  Illegal passing is one of the most common and most dangerous on narrow roadways.

Can a driver legally pass a bicyclist that is taking the lane in a “No Passing Zone”?

Answer:

Frequently, cyclists and other vehicles impede other traffic in lanes with solid double yellow center lines indicating “No Passing”.

If a garbage truck is stopped and other traffic cannot pass within the lane, what is the appropriate action?

How about a slow-moving tractor on the roadway?

How about a bicycle?

Can the driver pass in these circumstances?  What statute applies?

The law takes these circumstances into account and provides a solution, albeit one that is not entirely specific to all cases.  The statute that applies is:

FS 316.0875 – No Passing Zones

(2)  …. no driver shall at any time drive on the left side of the roadway with such no-passing zone ….

(3)   This section does not apply when an obstruction exists making it necessary to drive to the left of the center of the highway ….

We probably would agree that a stopped garbage truck is an obstruction.  Probably a slow-moving tractor.  How about a bicycle?  Again, the law isn’t specific, so we need to use some common sense.

If a cyclist is traveling 35 mph in a 35 mph zone, it is clear that a motor vehicle cannot pass under the statute above.

If a cyclist is traveling 5 mph in that same zone, it seems that the obstruction rule would apply, and the motorist can cross the double-yellow line to pass.

How about 10mph, or 20, or 25?

We don’t have a definitive answer.  The law leaves that to the discretion of those involved, and an officer would need to determine if the intent of the law is fulfilled and the passing can be accomplished safely, or if someone is placed in danger due to the actions taken.

There are many locations that have double yellow centerlines for very long distances with narrow lanes. If motorists could not legally cross the centerline to pass a bicyclist, even one riding far to the right, they could never legally pass.  The “obstruction” clause seems to solve that problem.

Of course, there are other statutes that limit the use of the on-coming lane to pass.

FS 316.083 – Overtaking and Passing a Vehicle

(1)…. shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

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

(1)  No vehicle shall be driven to the left of the center of the roadway …. clearly visible and is free of oncoming traffic …. without interfering with …. any vehicle approaching from the opposite direction …. return to an authorized lane of travel …. before coming within 200 feet of any approaching vehicle.