Rodney asked:  Does the three-foot minimum passing statute apply to motorists if a cyclist is operating in a designated bicycle lane?

If not, wouldn’t it be more prudent to forgo the use of the bicycle lane with regards to unsafe speed differentials and passing clearances between the cyclist and motorist?

Answer

In the applicable statute, there is no reference to the use of bike lanes or any other lane considerations.  A motorist is required to safely pass a bicyclists no closer than three feet, wherever they may be.  See Bicycles May Use Full Lane.

There are many who believe, with some supporting evidence, that motorists pass bicyclists more closely when they are in a bicycle lane.  I am not aware of any formal studies that provide definitive evidence one way or the other.

D. asked:  I was reading about the question about a bicyclist turning left from near the center on a rural two lane without signaling.  http://flbikelaw.org/2010/03/left-turn-by-bicyclist/ However, what if the bicyclist is in fact signaling for a left turn after checking behind to control the lane?  But while initiating the turn, a motorist approaching from the rear, makes a passing maneuver and there is a collision.  What does the law say about that?

Answer

Let’s assume the overtaking driver can legally pass if the cyclist or another vehicle is not turning left.  Also assume the cyclist is turning into a driveway.  If the situation occurs at an intersection, other statutes apply.

The first premise is that drivers are cautioned to exercise due care to avoid colliding with a bicyclist.

FS 316.130 – Pedestrians; Traffic Regulations

(15) …. every driver of a vehicle shall exercise due care to avoid colliding with …. any person propelling a human-powered vehicle.

Passing any vehicle if it is known that a left turn is intended would not seem to be exercising due care.

Another statute addresses the “due care” obligations of vehicle operators.

FS 316.183 – Unlawful Speed

(1) No person shall drive  …. at a speed that is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing …. speed shall be controlled as may be necessary to avoid colliding with (anything) in compliance with …. the duty of all persons to use due care.

Other statutes address the obligations of drivers when moving laterally on a roadway and when turning.

FS 316.089 – Driving on Roadways Laned for Traffic

(1) A vehicle …. shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

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

(2)  No vehicle shall be driven from a direct course …. until the driver has determined that the vehicle is not being approached or passed by another vehicle in the lane or to the side 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.

FS 316.155 – When Signal Required

(1) No person may turn a vehicle from a direct course or move right or left upon a highway unless and until such movement can be made with reasonable safety …. after giving an appropriate signal ….

FS 316.122 – Vehicle Turning Left

The driver of a vehicle intending to turn left …. shall yield right-of-way to …. vehicles lawfully passing on the left …. so close thereto as to constitute an immediate hazard.

FS 316.083 – Overtaking and Passing a Vehicle

(1) The driver of a vehicle overtaking and passing another vehicle proceeding in the same direction …. shall pass to the left thereof at a safe distance …. not less than 3 feet between the vehicle and the bicycle ….

These are the laws that apply.  Any finding of fault is left to someone who has access to all of the details of a particular situation.  The timing of each party’s actions would determine the requirements and responsibilities.  If the cyclist was actually executing a turn and was in the left lane when the overtaking driver moved out of the original lane to pass, the decision would be different from the case of the overtaking vehicle in the left lane well before the cyclist signaled and began the turn.  More than likely, the situation will be less clear.

Ron also asked:  And to further the rights of a shoulder-traveling cyclist, a vehicle in the oncoming lane of a two-lane road should not overtake another vehicle in the oncoming lane if there is bicycle traffic in the opposite direction if that cycling traffic is in the zone required to effect the pass. Even if the cyclist is on the shoulder, correct?

I have encountered such a situation on a State Road, and it gives one cause for serious concern!

Answer

The law prohibits passing if a vehicle (bicycle) in the roadway is approaching from the opposite direction in a two-lane roadway, and the overtaking driver cannot return to the original lane in a timely manner.

FS 316.082 – Passing Vehicles Proceeding in Opposite Directions

(2) Upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway, as nearly as possible.

A bicycle on the paved shoulder is not in the main-traveled portion of the roadway.

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

(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless …. such left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction of any vehicle overtaken.  …. in the event  the passing movement involves the use of a lane authorized for vehicles approaching in the opposite direction, before coming within 200 feet of any approaching vehicle.

The operative phrase is “use of the lane authorized for vehicles approaching from the opposite direction”.  The lane is part of the main-traveled portion of the roadway.  The shoulder is not.

Some might argue that the overtaking driver is “interfering with the operation of any vehicle approaching from the opposite direction”, but how far off the roadway would the bicyclist need to be to clearly not be “interfered with”?  How close to the centerline can a vehicle be when approaching another vehicle in the opposing lane?  There is no precise measured distance.

A driver may not overtake and pass another vehicle if a bicyclist is closely approaching from the opposite direction in the roadway, but may do so if the cyclist is not in the roadway.