Mike asked:  I understand that a cyclist is considered a pedestrian when they travel on the sidewalk although they must yield to “real pedestrians” who are afoot.

What happens when a cyclist is using a sidewalk and then cycles across a crosswalk on the street?   Does the cyclist still maintain status as a pedestrian while in the crosswalk?  Or, do they become a cyclist the moment they move into the street?

Answer

A bicyclist a on sidewalk or crosswalk is not a pedestrian.  He/She has the rights and duties of a pedestrian, but is still operating a vehicle.  A pedestrian is someone afoot.

s. 316.003 – Definitions

(28) Pedestrian - Any person afoot.

Please see:

http://flbikelaw.org/2011/08/driveways-and-bicycles-2/

Mike also asked: Florida Statues define a crosswalk as existing within the lines of sidewalks approaching a street.   And the statutes are strong regarding the rights of pedestrians within those crosswalks.

What if it is an intersection of a trail, like the Legacy Trail, and a street?   Does Florida Statute define it as a crosswalk when a trail crosses a road?

My concern is that someone could argue that since it is trail crossing, that it is not technically a crosswalk, because there are not sidewalks approaching the road.

Answer

Bicyclists on a bicycle path do not have the rights and duties of pedestrians since they are not on a sidewalk.

A bicycle trail or multi-use trail is a bicycle path and not a sidewalk.  The statutory definition is:

s. 316.003 – Definitions

(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 and is located either within the highway right-of-way or within an independent right-of-way.

A bicycle path meets the requirements to be a roadway, even though motorized vehicles are prohibited.

(42) Roadway - That portion of a highway improved, designed, or ordinarily used for vehicular travel.

(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 purposes of vehicular traffic

Your description of a crosswalk is essentially correct, but not applicable to the question of bicyclists on bicycle paths.

(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.

Bicyclists on a bicycle path that intersects with another roadway do not have the rights and duties of pedestrians, since they are not on a sidewalk.  They must follow the laws related to drivers of vehicles at intersections.

Bicyclist on a bicycle path facing a stop sign must stop and yield to other traffic.

If no stop sign is present, they must comply with applicable law.

s. 316.121 – Vehicles Approaching or Entering Intersections

(3) The driver of a vehicle about to enter or cross a state-maintained road or highway from a paved or unpaved road and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on the state-maintained road or highway.

(4) The driver of a vehicle about to enter or cross a paved county-maintained or city-maintained road or highway from an unpaved road or highway and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on said paved road or highway.

Nathan asked: Is there a legal way to walk with traffic on a one-way street without sidewalks? Or do you have to go to the next block?

Answer

The applicable statute is:

s. 316.130 – Pedestrians; Traffic Regulations

(3) Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.

(4) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.

Paul asked:  I own an electric bike that meets all the requirements to be classified a bicycle under FS 316.003(2), but the West Palm Beach police tell me that I am not allowed to ride it on City park bicycle trails/paths. Does the City have an ordnance prohibiting motorized bicycles on park trails?

Answer

It is against state law to operate any vehicle under anything other than human power on a sidewalk or bike path.  Please see:

http://flbikelaw.org/2010/04/motor-vehicles-on-sidewalks/

Alan asked: I do a lot of riding in downtown St Augustine. It’s close, cramped, and traffic is poorly regulated. These streets were laid hundreds of years ago and weren’t meant for heavy traffic. When I’m late for work, I “take the lane” and ride along with traffic because the speed limit is low enough that I can keep up. My question is this: There are intersections in town where there is a stop light, but one of the four intersecting streets is for pedestrians only. Therefore, traffic is never coming from or going to this street. Is it legal for me to move to the right side of the road, overtake a backed up line of cars at the red light, and pass through the red light with the entrance to the pedestrian street on my right? I am not crossing any avenues for traffic and am simply moving as a pedestrian would across the mouth of a pedestrian only street. Am I doing something illegal?

Answer

Good on you for using proper lane positioning.  I’m afraid that’s the end of the kudos though.  I suggest that you leave a few minutes early and drive your bicycle like other vehicle drivers.

If you are crossing the street within the roadway you are running the light, which is clearly unlawful.

If you are on the sidewalk for any part of this maneuver, you are violating a St. Augustine ordinance that prohibits bicyclists on sidewalks.  If vehicles are not permitted, the pedestrian street you mention is a sidewalk.

Sec. 24-107. – Riding on sidewalks prohibited.

No person shall ride or use any bicycle upon any sidewalk upon any of the streets or lanes within the corporate limits of the city.

If you are passing vehicles on the right when they are stopped for a crosswalk at the light, you may be violating this statute:

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.

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.

If you are passing vehicles within the same lane, you are violating .083 and .084, since the lanes in St. Augustine are of substandard-width and not wide enough for “two lines of moving vehicles”.

s. 316.2065 – Bicycle Regulations

(5)(a)3 …. A “substandard-width lane” is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.

The minimum width of a lane that allows “two lines of moving vehicles” is 14 feet.  The lanes in St. Augustine are not 14 feet wide, except on the west side of the Bridge of Lions and about 100 feet of the northbound wide curb lane on US 1 at San Carlos.  Maybe others, but most are less than 12 feet, particularly in old town.

FDOT Plans Preparation Manual

Chapter 8 – Bicycle Facilities

Section 8.4.3 Wide Curb Lanes

Wide outside curb lanes are through lanes which provide a minimum of 14 feet in width. This width allows most motor vehicles to pass cyclists within the travel lane, which is not possible in more typical 10-12 foot wide travel lanes.

If you are using another roadway to avoid the light, you are violating this statute:

s. 316.074 - Obedience to and Required Traffic Control Devices

(2) No person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device.

See also:

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

Judy asked:  If I am backing out of my driveway and a bicyclist is using the sidewalk, which crosses my driveway, which one of us has the right-of-way? Obviously, I look before I back out, but I have seen kids in my neighborhood who race up and down the sidewalks, where there are hedges, trees, etc., obstructing full views from a driver’s seat of an auto, and suddenly there is a car backing out of his own driveway, not even seeing that a kid is racing by on his bike.  What does the law say?

Answer

Motorists must stop and yield to bicyclists and pedestrians when entering the roadway across a sidewalk area.  Please see:

http://flbikelaw.org/2010/08/crosswalks-driveways-and-bicycles/

NE2 asked:  When is it legal to switch between vehicle and pedestrian modes?  Cyclists have the enviable position of being either a vehicle operator (when riding on the road) or a pedestrian (when riding on the sidewalk or in a crosswalk). But how can you switch between the two? To give a few examples:

1) Turning left at a traffic light onto the near-side sidewalk. Is there a legal way to do this without turning right onto the sidewalk and then turning around and crossing?

2) Turning right at a traffic light from the sidewalk onto the road (the reverse of the above). Are you allowed to “turn right on don’t walk”?

3) Turning left from a divided highway onto a path at a crosswalk controlled by pedestrian signals. Once you enter the median, are you allowed to cross the other direction, despite facing a “Don’t walk?”

4) Using a parking lot to avoid an intersection. This is illegal in a car per 316.074(2) Obedience to and required traffic control devices. But it’s legal to walk through a parking lot, so you would not necessarily be “driving” from one roadway to another if you switch to pedestrian mode on crossing the sidewalk.

Answer

Don’t confuse the nature of a vehicle with the rights and responsibilities of the driver or pedestrian.

A bicycle is always a vehicle, whether on the roadway or the sidewalk.

s. 316.003 – Definitions

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

(2) Bicycle – Every vehicle propelled solely by human power ….  having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device.

A bicyclist has the same rights and duties as drivers of other vehicles.

s. 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 under this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application.

A bicyclist on the sidewalk is not a pedestrian, but has the rights and duties of a pedestrian.  A bicycle on the sidewalk is still a vehicle and the operator must comply with applicable statutes, such as those requiring lights.

(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.

A cyclist does not have the option of switching between modes.  That happens automatically.  The statutes that apply and whether the cyclist has the rights and duties of a roadway driver or a pedestrian are defined by the physical location of the bicycle at the time.   A cyclist does have the option of changing the location of the bicycle, and can move between the roadway and the sidewalk as desired as long as the appropriate laws are followed.

I believe if you carefully consider the scenarios posed in the question or others, using the concept of drivers and pedestrian’s rights and duties and the actual location of the bicycle, you will see that the answers will be pretty clear.

I believe you are correct that the intent of the law is to give cyclists the freedom to use sidewalks and roadways as best suits their needs and their safety.

Emily asked:  I recently decided to ride my bike to and from work. I have to travel along a roadway that has no bike lane but has sidewalks on both sides. There is a carwash/restaurant that puts an advertisement sign directly on the sidewalk only allowing about a foot of space closest to the street to pass. As I was trying to avoid/pass the sign, I fell off of my bike into the middle of the street. Luckily, my riding partner was able to block the oncoming traffic and I only sprained my ankle. Is it legal to block the sidewalk in this manner?

Answer

Let’s begin with the reminder that sidewalks are intended for pedestrians, but cyclists may use them unless prohibited by local ordinance.  This is one of many unexpected hazards that endanger cyclists on sidewalks.

Advertising that interferes with safe passage is not generally allowed on transportation facilities.

s. 334.03 – Definitions – When used in the Florida Transportation Code, the term:

(31) “Transportation facility” means any means for the transportation of people or property from place to place which is constructed, operated, or maintained in whole or in part from public funds. The term includes the property or property rights, both real and personal, which have been or may be established by public bodies for the transportation of people or property from place to place. The following applies to transportation facilities outside municipalities.

s. 337.406 – Unlawful Use of State Transportation Facility Right-of-Way; Penalties

(1) Except when leased …. or otherwise authorized by the rules of the department, it is unlawful to make any use of the right-of-way of any state transportation facility, including appendages thereto, outside of an incorporated municipality in any manner that interferes with the safe and efficient movement of people and property from place to place on the transportation facility. Failure to prohibit the use of right-of-way in this manner will endanger the health, safety, and general welfare of the public by causing distractions to motorists, unsafe pedestrian movement within travel lanes, sudden stoppage or slowdown of traffic, rapid lane changing and other dangerous traffic movement, increased vehicular accidents, and motorist injuries and fatalities. Such prohibited uses include, but are not limited to, the free distribution or sale, or display or solicitation for free distribution or sale, of any merchandise, goods, property or services; the solicitation for charitable purposes; …. Local governmental entities may, within their respective jurisdictions, initiate enforcement action by the appropriate code enforcement authority or law enforcement authority for a violation of this section.

The following ordinance seems to be targeting individuals standing in the roadway, but selected sections may also be applicable.  In Chapter 316, streets and highways are defined as all public right-of-way, including sidewalks.

s. 316.2045 – Obstruction of Public Streets, Highways, and Roads

(1) It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, …. or by endangering the safe movement of vehicles or pedestrians traveling thereon.

For regulations about transportation facilities within municipalities, there may also be local ordinances that prohibit obstruction of sidewalks that can be found at this link, or in your county code of ordinances:

http://www.municode.com/

You may also want to contact your local police department to determine the requirements.

Pete asked:  There is a multi-use trail that places stop or yield signs facing trail users where the trail crosses roads or entrances into business, and the crosswalks are marked. While riding recently, we approached one of the yield signs.  I yielded and determined that I could clear the intersection before I impeded traffic and I did.  My riding partner, who was following behind me stopped at the yield sign, then followed me through the cross walk.  Her bike was practically out of the crosswalk when an approaching car slammed on his brakes and got out to confront my friend for not yielding to him as the sign said.  (The only traffic marking for cars is the marked crosswalk)  My question-Since yield and stop signs are vehicle traffic signs, are they being improperly applied?  And do those signs over ride the rights we have as cyclist/pedestrians in a cross walk?

Answer

Bicycles are vehicles and cyclists have the same rights and duties as other drivers.  The signs are appropriate. Cyclists on the bike path must obey the applicable signs.  They have the duty to stop and yield as appropriate to other traffic.

s. 316.123 – Vehicle Entering Stop or Yield Intersection

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

(2)(a) …. every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop.  After having stopped, the driver shall yield the 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) The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection.  After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection.

A cyclist in a crosswalk has the rights and duties of a pedestrian.  Note that the bicycle is still a vehicle.

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.

The statutes are not always perfect in their application.  It would appear there is a conflict when there is a yield sign in only one direction and a marked crosswalk present.

Even so, once a cyclist (pedestrian) is in a crosswalk, even after having violated s. 316.123 above, it would seem the motorist must yield if possible.

s. 316.130 – Pedestrians; Traffic Regulations

(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 (bicyclist) crossing the roadway within a crosswalk when the pedestrian (bicyclist) 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.

The above does not eliminate the requirement for the cyclist (pedestrian) to use caution and only enter the roadway or crosswalk when it is safe to do so.

(8) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

Jim asked: My family, which includes several experienced cyclists, is visiting xxx in Florida and have had some interesting experiences with police and a bike shop employee who have told us that we cannot ride on the roadway and we must ride on the pathway that is a large sidewalk/paved area.  My take is that the path is not designated a bike path via symbol or signage and it is littered with people puttering on beach bikes, kids on trikes and walkers, all getting in the way of us trying to ride at 20-30+ mph.  In reading the documentation here and elsewhere my take is that if there is a designated bike path with symbol and signage I am to ride there otherwise, as is the case here, we should ride on the road.

Answer

Even if the area is marked and signed or otherwise designated as a bike path, cyclists are never required to use a bicycle path or a sidewalk.  Cyclists may use a paved shoulder, sidewalk (Unless prohibited by local ordinance), or a bike path if they so desire, but it is not required.  A bike path is not a bike lane, which is a portion of the roadway marked for the use of bicyclists.  Use of a marked bike lane by cyclists riding in the roadway is mandatory under some circumstances.

You should ask anyone who thinks otherwise to show you the statute that requires it.  They will not be able to do so.  Please see this and the other posts related to sidewalks, bike paths and bike lanes:

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

I suggest that you take this information to the local police and ask them to clarify the situation for all users.