Jaywalking Citation for a Cyclist?
Heather asked: Can a jaywalking ticket be legally issued to a bicyclist that never put a foot off the bicycle, or even legally issued at all?
Jaywalking covers a lot of circumstances and is a pedestrian offense. A full discussion can be found here:
s. 316.003 – Definitions
(4) Pedestrian – Any person afoot.
Obviously, a person on a bicycle is not afoot and is operating a vehicle. However, a bicyclist on the sidewalk or crosswalk has the rights and duties of a pedestrian under the same circumstances.
s. 316.2065 – Bicycle Regulations
(9) 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.
These are the possible jaywalking violations. Note that they all specify “pedestrian” and therefore could include a bicyclist with the rights and duties of a pedestrian.
s. 316.130 – Pedestrians; Traffic Regulations
(1) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer.
(2) Pedestrians shall be subject to traffic control signals at intersections …. but at all other places pedestrians shall be accorded the privileges and be subject to the restrictions stated in this chapter.
(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.
(10) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(11) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
(12) No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb.
(14) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices, and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.
If the citation is for a violation of (1) or (2) above, it is likely valid. The only one that is questionable is (8) above since bicyclists on a sidewalk have the same rights and duties as pedestrians under the same circumstances. If the citation is for leaving the curb or sidewalk in an unsafe manner, it might be valid. For (10) through (14) above, a cyclist in the roadway could not be correctly cited for a pedestrian violation.