Two questions are common.

1. What is the impact of the bike lane provision on cyclists on the sidewalk?
2. What is the effect of the change on the group riders that ride 3, 4 or more abreast and use the roadway?

An officer forwarded the following Florida Department of Law Enforcement (FDLE) legal bulletin that addresses the change.  As far as I can determine, this is extent of the bulletin.

“Amends F.S. 316.2065(5)(a) to require bicycle riders to remain in a lane marked for bicycle use and if such a lane is not provided, riders must stay as close as practicable to the right-hand curb or edge of the roadway except as otherwise provided in the law.” (My emphasis)

First, let’s dispel the idea that this change has anything whatsoever to do with riding on the sidewalk.  This is the language that will appear in the change to the statutes on September 1^st.

FS 316.2065 – Bicycle Regulations

(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 in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway except ….

The sidewalk is not part of the roadway, so there is no effect on cyclists riding on the sidewalk.  The FDLE bulletin omits that part, leading to possible confusion.

This is that officer’s comment about the change in the law.

“I have talked to other officers and you are right, it is similar to prior verbiage, however it appears to be more explicit in stating that when a bike lane is present, cyclists must use it. In past conversations I have told you of the dilemma I am tasked with in dealing with pack riders who ride sometimes six abreast. Officers who read this new law and compared with 316.2065 (6) will definitely have and easier time understanding the laws new wording. However, this could be misconstrued and cause for future tensions with cyclists.”

The FDLE bulletin says “…. except as otherwise provided in the law”? What does that mean?

The bulletin does what virtually always happens, and ignores the exceptions, the exact problem I mentioned in the previous article about HB 971.  This memo stresses the times when a cyclist is required to keep right, and does not address all the other situations when a cyclist must leave the right side of the roadway, or a bike lane, for a lot of reasons.  I can’t imagine any statute suggesting that a cyclist or any other driver should stay in a lane or take any other action if it is not safe. Why not tell the law enforcement community that, instead of ignoring it?

This new change will reinforce the belief by many, including cyclists, that cyclists must always keep right and in bike lanes, even if they are endangered when they do so.

Many do not understand that the exceptions are the most important part of 2065(5) to the safety of cyclists and their right to use the roadways.  ”Keep right! Get out of my way!” is the only apparent concern.  Too many cyclists do just that, endangering themselves in the process.

The FDLE bulletin does nothing to change that.

Let’s not confuse the change in the law in 971 with the law that has always prohibited cyclists from riding more than two abreast.

FS 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.

Cyclists that ride as a mob are breaking the law and always have been.  Learn the law! Pull them over! Give them citations!  What’s so hard about that?  I have railed about that for years.

Until we get an understanding in Florida that cyclists riding legally do, in fact, have a right to ride as legitimate roadway users, we will continue to be the state with the worst bicycle crash record in the nation.  CA is second, and has more than twice the population.

Here is an email I received recently that shows the problem.

“I live in a bicycle friendly area and ride 300 miles per week, and motorists and bicyclists get along generally very well.  I spend my winters in Florida and I must tell you the difference is like night & day.  While it’s one thing to have a law on the books, it’s quite another to deploy it and apply it.  I don’t believe Fla. has done that.  I try to keep my mileage up while in Fla., but I’m pretty much on pins & needles the whole time as most motorists haven’t a clue as to how to negotiate a bicyclist regardless what lane they’re in or how fast they’re going.

What a huge education process you face!”

We hope to help change that with the Bicycle Law Enforcement Program.

Bob asked:  I was told by a University police officer yesterday that I had to use the bike lane (as opposed to riding on the adjacent sidewalk, which I was doing at the moment).  Is that correct?  I thought bicyclists still had the option to use the sidewalk, regardless of whether a bike lane on the street is present.  I think there’s a lot of confusion whether HB 971 prohibits sidewalk bicycle riding when the street has a bike lane.  My reading of HB 971 doesn’t address any changes in rights of bicycles to sidewalks.

Answer

Your reading of HB 971 is correct.  The change that will occur when the provisions of HB 971 go into effect on September 1 has nothing to do with riding a bicycle on the sidewalk, whether there is a bicycle lane or not.  That change only applies to cyclists in the roadway, as does the rest of that subsection of the bicycle regulations.  When amended, it will read as follows:

FS 316.2065 – Bicycle Regulations

(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 in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway ….

(And let’s not forget about all the exceptions in the law that allow cyclists to leave the ride side of the roadway, and situations that require a cyclist to use correct roadway position avoid unsafe conditions and other reasons.)

A sidewalk is not part of the roadway.

There is no Florida statute that prohibits cyclists from using the sidewalk.  See:

http://flbikelaw.org/2009/07/bicycles-on-sidewalks/

The university may have regulations that do prohibit cyclists from using sidewalks.  Check with the university police department.

Roxanne asked: I was pulled over today for riding my electric bicycle on the street.  What are the laws about this?  I was told I must to use the sidewalk and follow the pedestrian rules regarding intersections and traffic lights.  The officer also implied that I needed bicycle insurance.

Answer

If your motorized bicycle meets the definition of a bicycle, you are entitled to use the roadway just as any other vehicle.  See the following posts:

http://flbikelaw.org/2010/03/motorized-bicycles/

http://flbikelaw.org/2010/01/bicycles-must-use-sidewalk/

In the state of Florida, every person driving a registered vehicle must carry the state’s minimum coverage.

s. 324.021 - Definitions; Minimum Insurance Required

(1) Motor Vehicle – Every self-propelled vehicle which is designed and required to be licensed …. but not including any bicycle or moped.

s. 324.022 - Financial Responsibility for Property Damage

(1) Every owner or operator of a motor vehicle required to be registered in this state shall establish and maintain the ability to respond in damages for liability on account of accidents arising out of the use of the motor vehicle in the amount of $10,000 because of damage to, or destruction of, property of others in any one crash.

A bicycle is not a motor vehicle and is not a registered vehicle.  No insurance is required.

Frank asked: I tried looking up what the fine is for riding an electric bicycle (under electric power) on a sidewalk.  Can you tell me what that may be?

Answer

The violation would be:

FS 316.1995 – Driving upon Sidewalk or Bicycle Path

No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

The statutory penalty would probably be:

FS 318.18  Amount of penalties

(3)(a)  Except as otherwise provided in this section, $60 for all moving violations not requiring a mandatory appearance.

There would be additional court costs that could be $100 or more.  You should check with your local law enforcement agency for more information.

Jon asked: We were on a 2-lane road, with sidewalks off and on, on either side, and no shoulder to speak of in many spots.

A police car came up behind us, put his flashers on, and on his loudspeaker instructed us to get off the road and on to the sidewalk because we were obstructing the flow of traffic (there happened to be a sidewalk beside us at that point.) We were only about a mile from the trail at that point, and jumped on the sidewalk while it was there.

We decided to take a different route back which is a little busier road, but is 5-lane, so thought it would be easier for vehicles to get around us. Wouldn’t you know, another police car (Maybe the same one) came up behind us and told us to get on the sidewalk, again because we were obstructing the flow of traffic. I looked for the first road or driveway to pull on to the sidewalk. Within about 10 seconds, he said, “Don’t make me have to stop this car and write you a citation, get off the road now.”

So we stopped our trikes, pulled them up over the curb and on to the sidewalk.

The trikes are a little wider than an average bike – mine was the widest at 33 inches  (our bicycles are 21, 25, and 28 inches at the handlebars).

We were probably averaging only 10 – 12 MPH, because of the slight delicacy of the frame. But trying to stay on sidewalks the rest of the way home was a mess. Had one car pull out in front of us in a driveway just as we passed a high privacy fence. Had another car make a right hand turn in front of us just as we were approaching the crosswalk of an intersection, and the bus stops along the way sometimes had benches ON the sidewalk, that were hard to get by, or there were people sitting ON the benches that had to move as we approached.

I have been told that it is ILLEGAL to ride on the sidewalk in some places?

I thought that in Florida we have a right to be on the road as much as any other vehicle. Have you heard the term “obstructing traffic”? Do I have the right to be on the road at anytime, even when there’s a sidewalk?

Answer

See the January 18, 2010 post, “Bicycles Must Use Sidewalk?“.

The only difference seems to be the use of the term “obstructing traffic” which I assume is “impeding traffic”.

Michael also asked: There is a drawbridge on this road with a narrow sidewalk on both sides. There is a sign as you approach the bridge stating, “Walk Bicycles Across Bridge” or something similar. I may not have the exact wording on this sign, but I always took it to mean not to ride on the narrow sidewalk. The officer today said it meant that we must not ride in the roadway across the bridge. The problem is that the sidewalk is too narrow to pass pedestrians who frequent use the sidewalk. Also we have recumbent trikes in the club, which would not fit on the sidewalk at all. Can the county restrict bicycle access like this?

Answer

In a word, no.

See also the related post this date, Bicycles Must Use Sidewalks?

In addition to the right to use the roadways described in the post above, there are requirements about the types of signs that may be used on roadways.  Just as the statutes require uniform traffic standards throughout the state, there are also regulations that require the use of certain traffic control devices.

FS 316.003 – Definitions

(23) Official Traffic Control Devices – All signs, signals, markings, and devices …. for the purpose of regulating, warning, or guiding traffic.

The Florida Department of Transportation is tasked with adopting such a system of uniform devices.

FS 316.0745 – Uniform Signals and Devices

Transportation shall adopt a uniform system of traffic control devices for use on the streets and highways of the state.

The uniform system that the Department has adopted is the national Manual on Uniform Traffic Control Devices. (MUTCD).

MUTCD

Section 1A.08 – Authority for Placement of Traffic Control Devices

Traffic control devices …. shall be placed only as authorized by a public authority or the official having jurisdiction …. for the purpose of regulating, warning, or guiding traffic.

All regulatory traffic control devices shall be supported by laws, ordinances, or regulations.

Counties (among others) are given the authority to place and maintain traffic control devices in their jurisdictions, but that must conform to the uniform system.

FS 316.006 – Jurisdiction

Jurisdiction to control traffic is vested as follows:

(3) Counties shall have the original jurisdiction over all streets and highways located within their boundaries, except all state roads …. And may place and maintain such traffic control devices which conform to the manual and specifications of the Department of Transportation ….

Unless there is a local ordinance requiring cyclists to leave the roadway to cross a bridge, there is no justification for such a sign.

Additionally, there is no sign in the MUTCD that says “Walk Bicycles Across Bridge”, or anything similar.  There appears to be no authority for the use of the sign in question.

The Florida Department of Transportation can direct that unauthorized signs be removed.

FS 316.0745 Uniform Signals and Devices

(7) The Department of Transportation is authorized …. to direct the removal of any purported traffic control device wherever located which fails to meet the requirements of this section.

A better solution to meet the needs of all roadway users and comply with the statutes would be to use signs and roadway markings that remind everyone of their responsibilities.  Some possible signs that are in the MUTCD are:

• Bicycles May Use Full Lane
• Shared Lane Marking
• Share the Road

Michael asked:  Today my wife and I were riding on a county road that accesses a beach. A county deputy ordered us onto the sidewalk. Later he stopped and spoke to us and said we are required to use a sidewalk or bicycle path if one is available. I find no reference to this in state law. Is this fact?

Answer

See also the related posts this date “Walk Bicycles Across Bridge?”, and the July 7, 2009 post at this site.

First some definitions:

FS 316.003 – Definitions

(2) Bicycle – Every vehicle propelled solely by human power ….

(42) Roadway – That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder ….

(47) Sidewalk – That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

(63) Bicycle Path – Any road, path, or way that is open to bicycle travel, which road, path, or way is physically separated from motorized vehicular traffic by an open space or by a barrier ….

(75) Vehicle – Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway ….

The basic tenet of cyclists (and operators of other human powered vehicles) use of the roadways is their treatment as operators of vehicles.  Bicycles are vehicles.  There are some restrictions, none of which apply in this case.

FS 316.2065 – Bicycle Regulations

(1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle.

Roadways are for the use of all vehicles, unless restrictions are imposed by statute or local ordinance.

Sidewalks are intended for the use of pedestrians.

There is no state statute requiring a cyclist to be off the roadway and to use a paved shoulder, a paved sidewalk or a bicycle path.

There is no state statute prohibiting their use by bicyclists.  In some circumstances, a cyclist may choose to use them.  Some believe cyclists should not use the roadways due to their own safety.  That shows a lack of understanding safe cycling practices by experienced and educated cyclists and the statistics about cycling crashes, deaths and injuries.  There are hazards associated with the use of sidewalks and side-paths that cyclists should understand, but that is not the purpose of this site.

There are many examples of local ordinances that prohibit bicyclists from using sidewalks.  That is permitted by the provisions in the Florida Statutes that give local authorities the powers to regulate certain matters, among them, the regulation of the operation of bicycles.

FS 316.008 – Powers of Local Authorities

(1) The provisions of this chapter shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from:

(h) Regulating the operation of bicycles

Prohibiting the use of sidewalks by cyclists is allowed because there is no inherent right of cyclists or other vehicle operators to use the sidewalk.

I am not aware of any local ordinance requiring cyclists to use the sidewalk.  I believe that is due to the inherent right of a cyclist to use the roadways as driver of a vehicle.

Local ordinances are allowed, but may not conflict with state statutes.

FS 316.002 – Purpose

It is the legislative intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities …. It is unlawful for any local authority to pass or attempt to enforce any ordinance in conflict with the provisions of this chapter.

Any local ordinance that conflicts with FS 316.2065 (1) above would clearly not be legal.

Bicyclists are never required to use a sidewalk or bicycle path.

As always, I recommend that your club establish continuing communications with law enforcement and other officials in your area to discuss any possible conflicts   For successful examples of that, please see the October 26, 2009 and January 1, 2010 posts on this site.

Pris asked:  I was traveling on my bicycle on the sidewalk.  The driver of the car had a stop sign (on private property at Panera) He was only looking to the left to see oncoming traffic, did not look to the right, and hit me.  The policeman did not give him a ticket saying we both should have yielded.  I did not have a stop sign, the driver did and he hit me.  What are the rules on that?

Answer:

A bicyclist on the sidewalk has the same rights and responsibilities as a pedestrian.

FS 316.2065 – Bicycle Regulations

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

The pedestrian regulations caution drivers to avoid colliding with a pedestrian or bicyclist.

FS 316.130 – Pedestrian Obedience to Traffic Control Devices and Traffic Regulations

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

As we would expect, drivers must stop at stop signs and yield to cross traffic, including bicycles on the sidewalk.

FS 316.123 – Vehicle Entering Stop or Yield Intersection

(1)  The right-of-way at an intersection may be indicated by stop signs ….

(2)(a)  … every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.  After having stopped, the driver shall yield right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

(3)  If such a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver’s failure to yield right-of-way.

Three definitions are needed to fully understand the obligations of the driver.

• The highway indicated in the statute includes the sidewalk.
• A crosswalk is delineated by the lines connecting the sidewalk across a roadway, and can be marked or unmarked.
• The driveway is part of a roadway.

FS 316.003 – Definitions

(53)  Street or Highway

(a)  The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for the purposes of vehicular traffic ….

(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 ….

(42)  Roadway

(a)  That part of a highway improved, designed, or ordinarily used for vehicular travel…

There is a specific statute that applies to drivers entering a roadway from a driveway which requires drivers to stop and yield to all vehicles and pedestrians before crossing a sidewalk.

FS 316.123 – Vehicle Entering Highway from Private Road or Driveway or Emerging from Alley, Driveway or Building

(2)  The driver of a vehicle emerging from a … driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto a sidewalk area extending across the … driveway … , 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 as to constitute an immediate hazard.

Although they have the responsibility to be aware of bicycles on sidewalks, drivers do not expect traffic from the right such as a cyclist traveling against traffic in the roadway or on a sidewalk, and frequently do not look to the right.

Judging from the information provided, the driver should have looked and yielded to the bicyclist.

One possible mitigating circumstance might be the speed of the cyclist.  Although there is no specific speed restriction on a sidewalk other than the due care of the cyclist, we should keep in mind that sidewalks are designed for pedestrians and excessive speeds are not appropriate.

Can bicycles use the sidewalk?

Answer:

There is no state statute requiring or prohibiting cyclists’ use of the sidewalk.  There may be a local ordinance and signage that could prohibit sidewalk use.  When on the sidewalk, cyclists must follow the same rules as a pedestrian, yield to pedestrians, and signal when passing.

FS 316.2065 – Bicycle Regulations

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

(11)  A person propelling a bicycle upon or along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

Note that the operator of a bicycle on the sidewalk is still operating a vehicle, and is not a pedestrian.  Other statutes about helmets, lights, etc. still apply.

Sidewalks are designed for pedestrians, and bicyclists on the sidewalk must exercise “due care” to avoid a collision with a pedestrian.  Speeds should be commensurate with the conditions.  Simply yelling “passing’ and blowing by a pedestrian is not only rude, it is also a violation of the statutes.

Although legal, riding on the sidewalk, particularly against the flow of traffic in the roadway, is hazardous:

• At intersections and driveways, motorists are not expecting traffic from the right.
• Bicyclists on the sidewalk may not be able to see traffic signs and signals.