Eric commented:  Every once in a while people like to argue about why lane splitting or filtering should be legal. In my experience, people that make a habit of passing cars on the right, whether in a designated bicycle lane or not, have many “interesting” stories about how dangerous bicycling is. So, when I arrive at a line of stopped cars, I get in line behind them. This, of course “wastes time”, but I can assure you that the small amount of time I waste waiting for the light to change is nothing compared to the time this man will be wasting.  Hazard a guess as to which statute they charged this fellow with?

http://www.news-press.com/article/20120415/NEWS0102/120416001/Naples-bicyclist-injured-February-crash-ruled-fault

Answer

It is difficult to understand the exact circumstances from the article.  Depending on the circumstances, que-jumping or lane splitting can be safe and legal, usually due to lane width.  Cyclists regularly do it in other circumstances which are not legal or safe.  See these posts and the article on CommuteOrlando.com

http://flbikelaw.org/2012/02/passing-on-the-right/

http://flbikelaw.org/2011/06/queue-jumping-bicyclists/

http://commuteorlando.com/wordpress/2008/09/08/cue-jumping/

Nathan asked: You’ve said that FDOT no longer uses undesignated bike lanes. Is this why I’ve been recently seeing bike lanes that exist only to the left of right-turn lanes, and revert to shoulder before and after (forcing a cyclist to use the shoulder after the intersection, since it’s illegal to change lanes in an intersection)? I’ve seen these both at new right-turn lane installations on existing roads: http://maps.google.com/maps?hl=en&ll=29.777816,-81.641454&spn=0.008325,0.016512&gl=us&t=m&z=17&layer=c&cbll=29.777492,-81.641273&panoid=krMJ6TrqfD7Owavx0C42MQ&cbp=12,335.97,,0,8.36

and on recent widenings of rural highways: http://maps.google.com/maps?hl=en&ll=30.605358,-86.950672&spn=0.008255,0.016512&gl=us&t=m&z=17&layer=c&cbll=30.605241,-86.950558&panoid=X4-X3CdhvVO_ptMWbvB8SA&cbp=12,330.83,,0,9.24

Answer

The intersection you show is the correct installation of bike lanes to the left of the right turn only lane.

FDOT Plans Preparation Manual

8.4.1 – Bicycle Lanes

At intersections with right turn lanes, the bicycle lane shall continue adjacent to the through lane; between the through lane and the right turn lane, and shall be 5 feet in width for new construction and reconstruction projects.

This configuration usually provides for a continuous bike lane through the intersection and minimizes the conflict with right-turning vehicles.  It does require moving from the paved shoulder bike lane to the next lane before entering the intersection.

If the paved shoulder is not marked for the use of bicycles, bicyclists are not required to use it.

Gary asked: This is in regards to a column, Dr. Delay, in a newspaper.

The article states:

Who has right of way? Bicycle or car?

Reader wrote to the Doc about an incident she recently observed involving a bicycle and a car. She posed a question about right of way:

“Assume a bike and a car are traveling in the same direction in the same lane. As they approach an intersection, the traffic light is green. They reach the corner at the same time, with the bike on the outside of the car. The bike rider wants to continue on through the intersection, but the person driving the car wants to turn right. Who has the right of way? I saw this scenario this week. I don’t know if the car signaled, but the alert bike rider gave way for the car and then proceeded through the intersection. It scared me to think what could have happened. I have seen bikes approach a red light and not even stop. This is especially stupid if a car turns right on red. What is the correct thing to do?”

Doc’s answer:

The first problem with this scenario is the third sentence (“They reach the corner at the same time, with the bike on the outside of the car”). Cyclists are by law expected to behave in traffic as they would were they driving a car or motorcycle — they are not to be riding abreast of any vehicle in a single lane (bike or car or motorcycle, etc.). So because the cyclist should not have been next to the car in the same lane it was appropriate that he/she gave way but the point of “Share the Road” is to truly share the road and make the same sound decisions when traveling on two wheels one would make while operating on four. And if it’s not cool to run a red light in your car, the same holds true when you’re on a bike.

I believe she has done a disservice to cyclists by telling the public the cyclist was wrong, when in my interpretation of the law, the motorist was overtaking the cyclist and must give 3 feet, and since the cyclist was not turning, would have the right-of-way.

If she was wrong, may I quote your response in a letter I will write to her.

Answer

The Doc is wrong for a number of reasons, and you are welcome to quote verbatim anything in this article.

I must note that the Doc is correct that cyclists have the same rights and duties as other drivers and running red lights is not legal for any driver. However, “Share the Road” does not necessarily mean yielding to other drivers.  It means riding legally and safely.  When doing so, it may “delay” other traffic, but it is not unlawful.  The question is not whether cars or bicycles have the right of way.  Both must comply with their legal responsibilities.

This is the classic “right hook” situation.

First, the doc is wrong by answering a question without having all the facts.  Is this a substandard-width lane or a wide curb lane?  Who is overtaking whom?  It isn’t possible to accurately answer the question without that information.

Next, the Doc states,

“…. because the cyclist should not have been next to the car in the same lane…. they are not to be riding abreast of any vehicle in a single lane (bike or car or motorcycle, etc.).”

I don’t know where the Doc got that, but it is absolutely wrong.  Two bicyclists cannot ride abreast under certain circumstances, but riding abreast of other vehicles is perfectly legal and is done all the time.  The statute that applies is:

s. 316.2065 – Bicycle Regulations

(6) Persons riding bicycles upon a roadway may not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast may not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions then existing and shall ride within a single lane.

Let’s discuss lane width.  If the lane is wide enough for a bicycle and a motor vehicle to travel safely side by side (Minimum 14 feet according to the Department of Transportation) there is no reason they can’t do so.  It is not unlawful.

The article does not indicate that one was overtaking the other, but it is unlikely that they were travelling at exactly the same speed as they approached the intersection. One or the other is overtaking and passing at some point.  The overtaking driver must insure it is safe to do so. Motorists are required to safely pass no closer than three feet from a cyclist. s. 316.083

If the lane is less than 14 feet wide, it is a substandard-width lane and if they are both within the lane and traveling side by side, the overtaking driver is violating the statute.

For a full discussion of substandard-width lanes, see this post:

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

Let’s disregard the lane width issue, and assume they were traveling side by side at the same speed as they approached the intersection.  What are their respective responsibilities?

The cyclist is apparently keeping right and riding legally unless passing on the right, which may or may not be legal, depending on the circumstances such as lane width.

The motorist is required to keep as far to the right as is practicable when preparing for a right turn.  If the motorist has left enough room to the right for a bicyclist, even one passing on the right, is the motorist as far right as is practicable?   If the motorist can’t safely move as far right as is practicable to prepare for the right turn because the cyclist is present, the motorist must slow and yield, then move right.  s. 316.151

The motorist shall not drive from a direct course unless it can be done safely and without interfering with the safe operation of any vehicle. s. 316.085

The motorist may not move right or left upon a highway unless such movement can be done with reasonable safety. s. 316.155

A full discussion of right turns at intersections and safe cycling practices is at this post:

http://flbikelaw.org/2009/08/138/

You may want to suggest that Doc read these posts and refer readers to Ask Geo for accurate information about cycling.

Guillermo asked:  I made a right turn into commercial shopping area and out of nowhere an officer on a bike on the sidewalk almost hit my car.  He said I was not looking for pedestrians’ right of way.  In reality, I did not see him.  Who is at fault on this situation?

Answer

Bicyclists on the sidewalk have the same rights and duties as pedestrians.

s. 316.2065 – Bicycle Regulations

(10) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.

If the driver is crossing a sidewalk while entering the roadway from a driveway, there is a specific statute that requires the driver to yield to pedestrians (bicyclists) on the sidewalk.

s. 316.125 – Vehicle Entering Highway from Private Road or Driveway or Emerging from Alley, Driveway or Building

(2) The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard.

See this previous post:

http://flbikelaw.org/2009/10/drivers-and-cyclists-at-driveways/

The statutes about drivers crossing a sidewalk while entering a driveway from another roadway are less specific, but also require drivers to yield to pedestrians (bicyclists) on the sidewalk or crosswalk.

A crosswalk can be marked or unmarked, and is the connection of the sidewalk across the roadway, which in this case is the driveway.

s. 316.003 – Definitions

(6) Crosswalk

(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.

(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Drivers must yield to pedestrians (bicyclists) in or approaching a crosswalk.

s. 316.130 – Pedestrians; Traffic Regulations

(7)(c) When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

Additionally, there are two statutes that require due care to avoid colliding with pedestrians or bicyclists.

s. 316.130 – Pedestrian; Traffic Regulations

(15) Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle ….

s. 316.185 – 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 special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care.

Frank asked:

1.  If I’m riding on the road (no bicycle lane and as far to the right as practicable) and a right hand turn lane comes up.  Do I ride on the left of the solid line of the right turn lane, or the right of the solid line?

2.  What if there is a bicycle lane to the right of the right turn lane? Do I go in it or do one of the above?

3.  Also, if there are cars in both the through lane and the right turn lane, waiting for the light to change to green, do I stop behind all of them or pedal up to the light in between the cars (of the through and right turn lane)

Answer

1.  If you are planning to turn right, you must use the right-turn lane.  If you are proceeding straight through, you must use the through lane.  Your position in the lane depends on other factors.  If remaining to the right is unsafe, the bicycle regulations allow leaving the right side of the lane.

2.  If proceeding straight through an intersection, remaining in the bike lane that is incorrectly positioned to the right of a right turn only lane is an  “unsafe condition” of the bicycle regulations that allows cyclists to leave the bike lane.

3.  Although there may be times when passing on the right may be legal, it is not recommended at approaches to intersections.  Please see this post for proper road position and safe cycling practices.

http://flbikelaw.org/2009/08/138/

Remaining in the right-side bike lane when approaching the intersection when side-by-side right-turning traffic is present is dangerous, and leaving the bike lane seems to be justified under the unsafe conditions provision of 316.2065(5)(a)3.  Cyclists are never required to remain in a bike lane or at the right side of the roadway if it is unsafe.

Eric asked:  Near where I live there is an old bike lane that is about 15-20 years old. It has solid white lines right up to the intersection where I routinely turn right when I drive my truck there.

FS says I should get far to the right before making a right turn. I pretend there are dashed lines there and do so, that way a cyclist will have to slow down or stop behind me and I have no chance of right hooking him.

My wife says I will get a ticket. I say even if I do, I can prove the lane doesn’t follow AASHTO standards/ Florida Green book standards and I will win.

Who is right? (Well, given that the county judge understands the law).

Answer

Please see the post about bike lanes and right turns at:

http://flbikelaw.org/2009/08/138/

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.

Sondra Asked:  Who has the right of way in moving traffic when: 1) the cyclist is traveling straight ahead on the far right side (where the bike lane ended about 100 feet before the intersection) and is moving with traffic and 2) the motorist makes a right hand turn in front of the cyclist, causing the cyclist to collide with the motorist?  Does it matter if the driver used a turning signal?

Answer:

Please see the posts about right turns for August 21 and September 28 in the archives.  The laws and safe cycling practices are the same whether the motorist and the cyclist are stopped or moving prior to the right turn.

The right turn signal is required in either case, and does not affect right-of-way.

Anthony also asked:

If a vehicle is stopped at a red light intending to make a right turn and a trailing bicyclist pulls abreast of the car on the right, intending to go straight, who has the right of way? Must the vehicle wait for the bicyclist to proceed or does the bicyclist wait for the car to turn.

Answer:

Again, assuming a curb and gutter roadway for simplicity.

The stopped motorist may be in violation due to the position of the vehicle.  The vehicle should be as far to the right as is practicable.

FS 316.151 – Required Position and Method of Turning at Intersections

(1)  The driver of a vehicle intending to turn at an intersection shall do so as follows:

(a)  Right turn – Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

This is the case even if a bicycle lane is present between the travel lane and the curb.  The bicycle lane is part of the roadway.  That is the reason a properly striped bicycle lane will change from a solid white line to a dashed line for 50-200 feet from the intersection.  That tells motorists they should move to the far right and cyclists that they are not required to keep right if the intersection is an “unsafe condition”.  Some bike lanes are not correctly striped, leading to confusion.

If the motorist does legally and safely move to the right edge of the roadway ahead of the cyclist, that prevents the bicyclist from moving to the right of the vehicle.  If that is the case, the cyclist should wait safely behind the other vehicle.   The best position for the cyclist is in the travel lane directly behind the turning vehicle.  That prevents a “right hook” by another overtaking vehicle.

When the light changes, whether or not there is a bike lane does not affect the requirements of the motor vehicle operator in the illegal position and the cyclist, when they both start moving.  If the motor vehicle is faster than the cyclist, it becomes an overtaking and passing situation.  Bicyclist, just as any other overtaken vehicle, has the right of way and the driver of the  motor vehicle must wait until it is safe to turn.  The following statutes apply:

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 … must pass the bicycle … at a safe distance of not less than 3 feet between the vehicle and the bicycle.

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 any other vehicle in the lane or on the side to which the driver desires to move and that move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction.

FS 316.155 – When Signal Required

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…