Herman asked: What exactly is Florida law in regards to “dead red” lights, i.e. traffic lights that do not change for a bicycle?

Answer

Please see:

http://flbikelaw.org/2011/06/inoperative-traffic-lights/

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/

Chris Burns asked: Group of cyclists pull up to a traffic signal.  Their presence does not trigger or activate the traffic light to change.  It won’t change from red to green.  Are they legally entitled to go through the light?  Must they turn around?

Answer

A frequently heard response is that it should be treated as an inoperative traffic control signal and the following statutes would apply.

s. 316.1235 - Vehicle Approaching Intersection in which Traffic Lights are Inoperative

The driver of a vehicle approaching an intersection in which the traffic lights are inoperative shall stop in the manner indicated in s. 316.123(2) for approaching a stop intersection. In the event that only some of the traffic lights within an intersection are inoperative, the driver of a vehicle approaching an inoperative light shall stop in the above-prescribed manner.

s. 316.123 – Vehicle Entering Stop or Yield Intersection

(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.

Being unsure of the correct answer, we referred Chris to the FHP Q&A site www.flhsmv.gov. This is their response:

Dear Chris,

Thank you for your recent inquiry. In your scenario, a cyclist should not stop, yield, and then proceed through the intersection if faced with a Red Steady Signal. The best suggestion would be to make the right turn and later safely u-turn, or possibly find an alternate route. For instances where you know a bicycle/motorcycle is not tripping the sensors, one is encouraged to contact the regulating authority (FDOT or County maintenance).

Let us know if you have any further questions about this,

Customer Service Center

Correspondence/Email Unit

Department of Highway Safety and Motor Vehicles

www.flhsmv.gov

It was argued (but not addressed to the FHP) that another statute might apply and actually contradict that answer.

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.

If that is the case and there is no pedestrian signal to activate the signal, it seems we cannot avoid the signal, even by legally turning right onto another roadway, and are required to wait until the light changes, even if means forever.  Could that be an argument in mitigation of a citation?

Even though it is not stated, the probable intent of this statute is to prevent people from using a shopping center or parking area to avoid traffic backed up at a light with the intent to turn right.

That argument is likely only academic since a cyclist legally making a right turn then a U-turn to circumvent an inoperative signal would only be illegal if the intent is to avoid the signal.  That intent is only in the mind of the cyclist.  It would probably not be substantive legal basis for running the light instead of following the FHP guidance above, nor would it be a basis for a citation for a violation of s. 316.074.

It is recommended that cyclists learn the proper methods for using the loops to activate the signals through other resources.

Especially on the weekends, there are large groups of bicyclists, sometimes with 50-100 riders.  When they stop for a red light, they bunch up and begin to even fill the left-turn-only lane, thereby obstructing vehicles from using that assigned lane to wait for the light to change.   Once the signal is green, the bicyclists in the left-turn lane proceed straight; thereby, not following a marked turning course.   Isn’t that a violation?

Answer:

When stopped at the light, or at any other time when the intent is to proceed straight through the intersection, they shouldn’t use the marked left turn lane or a right-turn-only lane if present.  The statute that applies is:

FS 316.089 – Driving on Roadways Laned for Traffic – Whenever any roadway has been divided into two or more clearly marked lanes for traffic….

(3)  Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway; and drivers of vehicles shall obey the directions of such device.

Whether the offense is one that warrants a citation by an officer is subject to the discretion of the officer.   The cyclists are probably not thinking about it as a problem, and since they are slower starting, they may be more concerned with not blocking other traffic when the light changes.  If they can all get through one light, other traffic is not disrupted as much.

Is it a really a problem?  Have there been any incidents in which a motorist or cyclist has been injured or otherwise seriously affected?  Would it be a bigger problem if they stopped one behind the other in a long line?  Attempting to single out the actual miscreants and cite them is a difficult task after they resume riding.

Officers are busy and probably have other things that are far more important.  Lacking some indication that it is a real problem, I would put it in the category of 75 mph in a 70 zone on I-95.  Of course I would never do that, but if I ever did, I don’t think the officer would nab me.

If it is a problem, I recommend that an officer talk to the group.  They are probably on that same ride at the same time and place every week, and determining the starting point is not difficult.  If we can get bicycle groups and law enforcement agencies talking to each other to discuss situations like this, we can make giant steps toward communication and cooperation on the roads.