Frugopolis asked: What is the proper side to pass a bus stopped at a bus stop? Sometimes they stop in the lane of traffic leaving the shoulder open for me to pass on the right, but departing bus passengers are a hazard. Likewise, passing on the left requires riding into the lane of traffic.

Answer

Passing should be accomplished on the left except when passing on the right is specifically allowed.

s. 316.083 – Overtaking and Passing a Vehicle

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction …. shall pass to the left thereof at a safe distance.

s. 316.084 – When Overtaking on the Right is Permitted

(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;

(c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

The statute goes on to state,

(2) …. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

That does not account for the fact that bicyclists are permitted to leave the roadway and use the paved shoulder.  It would appear that cyclists can pass on the right on a paved shoulder when a motorist is prohibited from doing so.

The paved shoulder is not part of the roadway.

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.

An overtaking driver must always use caution.

s. 316.084 (Continued)

(2) The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety.

The statutes seem to permit bicyclists to overtake and pass either on the left in the roadway, or on the right using the shoulder.  The burden for safety in either case is on the overtaking driver, in this case the cyclist.

One last word of caution has to do with passing a vehicle stopped at a crosswalk.

s. 316.130 – Pedestrians, Traffic Regulations

(9) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

Other conditions are imposed on passing as described in this post:

http://flbikelaw.org/2010/02/passing-with-oncoming-bicycles/

Harry asked: I know other states (WI & PA) have recently passed a law that allows cars to cross the double yellow to give enough clearance to pass a cyclist. Is there a FL law that allows cars to cross a double yellow to pass a cyclist?

Answer

It depends on how you interpret the only existing statute that is applicable.  Please see:

http://flbikelaw.org/2009/07/passing-a-bicyclist-in-a-no-passing-zone/

Herman asked: I was talking to an acquaintance a while back and she was telling me that the 3′ law applies even when we’re in the bike lane.  Is that true?

Answer

The applicable statute is:

s. 316.083 – Overtaking and Passing a Vehicle

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction

(1) …. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

The statute does not impose any limitations by the location of the bicyclist which could be in the roadway, including a bike lane, or the paved shoulder, which is not part of the roadway.  The same is true whether the bicyclist is being passed on the left or right, when that is permissible.

Note also that the three feet is the absolute minimum and in many situations the safe passing distance may be more.

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 asked:  Does the 3-foot rule apply to vehicles overtaking cyclists that are traveling on the shoulder, outside of the lane edge line?

Answer

Yes.  The statute gives directions for drivers overtaking and passing a bicyclist, but it does not distinguish between those in the roadway and those on the shoulder.  It refers to vehicles proceeding in the same direction.

FS 316.083 – Overtaking and Passing a Vehicle

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction …. 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.  The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

The same safe distance would also apply to drivers passing a bicyclist on the right when that is permitted.

It is unfortunate that this has come to be known as the “3-foot rule”.  The three feet is the absolute minimum, and the driver is required to leave a safe distance.  That can be much more than three feet under many circumstances.