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Florida Bike LawsState Bike LawsClick here for the bike laws online. Comment: Sidewalks are not designed for bicycle speeds, but bicycle use is allowed except where prohibited by local ordinance (e.g. in the central business districts of many cities). Although a cyclist riding on a sidewalk has the rights and duties of a pedestrian, he is still a "bicycle rider" and his bicycle is still a "bicycle". Consequently, laws that pertain to required equipment and to carriage of passengers (see above) are still applicable. Since a cyclist riding on a sidewalk does not have the duties (or rights) of a driver, he may ride in either direction. (However, it is safer to ride in the direction of traffic, since drivers do not expect cyclists to come from the other direction at driveways and crosswalks.) At a signalized intersection, he must obey the instructions of any applicable pedestrian control signal. That is, he may start to cross a roadway in a crosswalk only during a steady Walk phase, if one is displayed. If no pedestrian signal is provided, the cyclist may proceed in accordance with the signal indications for the parallel roadway traffic flow (Section 316.084, F.S.). Comment: A white edge line is often marked to indicate the right edge of a roadway. On a roadway with curbs, the gutter area is not considered part of the roadway. A cyclist should avoid the gutter area; pavement joints or debris may be hazardous. On a road with flush paved shoulders, the right-hand edge of the roadway is the white line between the roadway and the shoulder. Since the roadway is "that portion of a highway...used for vehicular travel, exclusive of the berm or shoulder" (Section 316.003(42), F.S.), a bicycle driver is not required to ride on a paved shoulder, although he may prefer to do so. A cyclist who rides on a paved shoulder must still travel on the right (not ride against traffic), because this is the only practical way to comply with the requirement for a bicycle driver to obey all applicable traffic control devices; traffic signs and signals are installed so as to face traffic traveling on the right. A cyclist who intends to go straight through an intersection should avoid a lane signed or marked exclusively for right turns, in accordance with the requirement for drivers to obey all traffic control devices (see above). A cyclist passing a parallel-parked automobile should maintain at least 1 meter (3.3 feet) of clearance to avoid risk of collision if a car door on the driver side is opened. A bicycle lane is an extra lane on the roadway designated (with bicycle symbol markings) for the use of bicycles. A cyclist may leave a bicycle lane in any of the exceptional situations listed above. Most bicycle lanes are designed for through travel; to make a right turn where a right turn lane is provided, a cyclist should use the right turn lane. Where a bicycle lane is continued along the right side on an intersection approach, a cyclist who intends to go straight through the intersection may adjust his position to the left to avoid the hazard of being cut off by a right-turning motorist (in about 3 percent of the motor vehicle crashes of roadway cyclists, the cyclist was cut off by a right-turning motorist). A left turn should not be made from a through bicycle lane. See "Method of turning at intersections" for detailed description of left- and right-turn requirements. Roadway position for mopeds (same rules) A person operating a moped on a roadway at less than the normal speed of traffic under the conditions existing must ride as close as practicable [safe] to the right hand curb or edge of roadway, except under any of the following situations: Comment: Since roadway positioning rules for mopeds are the same as those for bicycles, and Florida traffic laws do not provide an exception where bicycle lanes are present, moped operators traveling more slowly than other motor traffic on a street typically ride in bicycle lanes, where provided. However, per definition of "moped" (s. 316.003(77), F.S.), the motor of a moped cannot propel it faster than 30 mph on level ground. Regulations for electric personal assistive mobility devices An electric personal assistive personal mobility device is any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. An electric personal assistive mobility device may be operated on a marked bicycle path, on any street or road where bicycles are permitted, and on a sidewalk, if the person operating the device yields the right-of-way to pedestrians and give an audible signal before overtaking and passing a pedestrian. A county or municipality may prohibit the operation of electric personal assistive mobility devices on any road, street or bicycle path under its jurisdiction if the governing body of the county or municipality determines that such a prohibition is necessary in the interest of safety. The Department of Transportation may prohibit the operation of electric personal assistive mobility devices on any road under its jurisdiction if it determines that such operation is necessary in the interest of safety. Comment: At this time, the only electric personal assistive mobility device is the Segway® Human Transporter. Since bicycles are permitted on almost all streets, so are EPAMDs, except on those where operation has been prohibited by managing jurisdictions. Guidance for use of bicycle lanes is provided above. Overtaking on the right is permitted 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. The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. Comment: A cyclist traveling in a bicycle lane, or in a lane wide enough for motor vehicles and bicycles to travel side by side within the lane, may pass motorists on the right, because there is sufficient width in this case for two lines of traffic - motor vehicles and bicycles. However, the cyclist should proceed with care. Cars or trucks may turn right at driveways, or at the next intersection, or a car door may open; drivers may not have noticed the cyclist. Method of turning at intersections Right turn: see "Method of turning right at intersections" in "Other laws for all drivers" Left turn: A bicyclist intending to make a left turn is entitled to full use of the lane from which a driver may legally make a left turn. Comment: When using the second method to make a left turn, a cyclist should never swerve left from the far right corner. There are risks of conflict from several directions. The cyclist should stop at the far corner and walk to a point where traffic can be reentered safely. turn left - by extending the left arm horizontally; stop or suddenly reduce speed - by extending the left hand and arm downward. Comment: At this time, the only exception provided is for the Jacksonville Expressway System (Section 349.04(1), F.S.). A limited access facility is "a street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a limited right or easement, of access" [§ 316.003(19)]. Highways identified with state highway route signs that include the word TOLL are limited access facilities. Other roads where bicycle use is prohibited may be identified by BICYCLES PROHIBITED signs posted at entrance ramps. Wearing of headsets Comment: Use of such devices can be distracting. A cyclist should not rely on hearing when changing lane position, crossing another roadway, etc. Sounds of an approaching vehicle may be masked by other traffic or, in some cases (bicycle, hybrid-electric car) too soft to be heard. Comment: "Bicycle path" is defined as "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" (s. 316.003(64), F.S.). In practice, most "bicycle paths" are also used by pedestrians, skaters, wheelchair users, and joggers. Where such a path is provided on the side of a road, bicyclists may still ride on the roadway, unless it is a limited-access roadway. Wheeled users should follow the customary rule: travel on the right, pass to the left of slower users traveling in the same direction. There are many reasons a cyclist may not wish to ride on a bicycle path on the side of a road. Roadways typically have fewer stop signs. A faster cyclist may wish to avoid conflicts with pedestrians, skaters, and slower cyclists. A cyclist's destination may be on the opposite side of the road. Proficient cyclists often prefer to travel in the same direction as adjacent traffic on the roadway; this make them more likely to be noticed by motorists at intersections and driveways. Comment: A local ordinance may prohibit riding on any sidewalk not posted for joint use, or on sidewalks in certain areas such as central business districts. Walking on a designated bicycles path may be prohibited except where posted for joint use. A municipality may require that a bicycle be registered. Local police departments should have knowledge of such ordinances. Traffic law highlights - other laws for all drivers Obedience to traffic control devices The driver of any vehicle must obey the instructions of any applicable official traffic control device. Comment: Traffic control devices that present "instructions" include traffic regulatory signs (signs with white or red backgrounds), signals, and pavement markings. Traffic control signals A driver shall comply with indications of traffic control signals. Intersection where traffic lights are inoperative The driver of a vehicle approaching an inoperative traffic light [signal] shall stop as for a stop intersection [stop sign]. Yielding on entry to roadway The driver of a vehicle emerging from an alley, building, private road or driveway shall stop the vehicle immediately prior to driving onto a sidewalk, and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard. Changing lanes or changing course No vehicle shall be driven from a direct course in any lane on any highway 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 the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction. Comment: Turning right at an intersection requires leaving one's initial "direct course". Thus, a motorist turning right is required to yield to a cyclist passing on the motorist's right (a cyclist may pass on the right under conditions described in "When overtaking on the right is permitted"). Cyclists, as drivers, must also yield as may be necessary before changing lanes or changing course. Overtaking and passing a vehicle Comment: See the exception "When overtaking on the right is permitted". About 2 percent of bicycle-motor vehicle crashes involve motorists who misjudge passing space. The Florida Driver's Handbook recommends that a motorist passing a cyclist maintain a clearance of 3 feet (1 meter). Passing too closely causes some cyclists to hug the curb or to ride on sidewalk, where crash risk is, on average, higher. To pass a cyclist with safe clearance, it may be necessary for a motorist to enter (at least partially) the next lane, when and where it is safe to do so. Method of turning right at intersections Comment: For this reason, a motorist preparing to turn right should - after yielding to any cyclist present - enter or closely approach a bicycle lane, if one is present. This emphasizes the motorist's intent to turn. Not to stand or park a vehicle in a bicycle lane Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall stand or park a vehicle, whether occupied or not, in a bicycle lane, except momentarily to pick up or discharge a passenger or passengers. Comment: Thus, a bus or other vehicle may stop momentarily in a bicycle lane to pick up or discharge a passenger, but must then proceed. It is unlawful to drive any vehicle while under the influence of alcohol or drugs. Driver responsibility to exercise care Following too closely Search State Statuteshttp://www.leg.state.fl.us/Statutes/index.cfm State Bike MapClick here for the state bike map online League State Advocacy centerhttp://capwiz.com/lab/state/main/?state=FL&view=myofficials Driver's manualhttp://www.hsmv.state.fl.us/handbooks/ state bicycle & pedestrian coordinatorWeb: www.dot.state.fl.us/safety/ Dwight Kingsbury |
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