Provisions uniform throughout the state; local authorities
(Sections 316.007 and 316.008, F.S.)
 State traffic laws shall be applicable and uniform throughout the state. However, a local authority may enact an ordinance when such enactment is necessary to vest jurisdiction of a violation of state traffic law. With respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, local authorities are not prevented from adopting ordinances regulating the operation of bicycles.
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 bicycle 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
Driving on a shared-use path or sidewalk
(Section 316.1995, F.S.)
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.
Comment: An exception to this rule is made for electric personal assistive mobility devices.
"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. Wheeled users on a two-way path should follow the customary rule: travel on the right, except to pass slower users traveling in the same direction.
There are many reasons a cyclist may prefer not to ride on a physically separated path on the side of a road. 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. A rider on the roadway is more likely to be seen by drivers making left and right turns off the roadway at side streets and driveways.
Obedience to traffic control devices
(Section 316.074, F.S.)
The driver of any vehicle shall 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
(Section 316.074, F.S.)
A driver shall comply with indications of traffic control signals.
Intersection where traffic lights are inoperative
(Section 316.1235, F.S.)
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
(Section 316.125(2), F.S.)
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
(Section 316.085, F.S.)
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: For a motorist in a right traffic lane, preparing to make a right turn at an intersection or driveway requires approaching the right edge of the roadway (see below), thereby departing from a "direct course" and entering space typically used by cyclists. Before entering this space (bicycle lane or no bicycle lane), the motorist must yield to a cyclist approaching or passing on the motorist's right (a cyclist may pass on the right under conditions described in "When overtaking on the right is permitted"). Having entered this space the motorist may occupy it temporarily, if a Stop sign or signal requires stopping, until it is legal and safe to make the right turn.
Cyclists, as drivers, must also yield as may be necessary before changing lanes or changing course.
Overtaking and passing a vehicle
(Section 316.083, F.S.)
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other non-motorized vehicle must pass the bicycle or other non-motorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other non-motorized 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. 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.
Since a person operating a bicycle is a driver, the requirement to pass a bicycle at a safe distance of not less than 3 feet also applies to a cyclist.
Method of turning right at intersections
(Section 316.151(1)(a), F.S.)
Both the approach for a right turn and the turn shall be made as closely as practicable to the right-hand curb or edge of the roadway.
Comment: For this reason, a motorist approaching a corner to make a right turn should - after yielding to any cyclist present - enter or closely approach any bicycle lane that may be present, if necessary to approach the right-hand curb or edge. Doing so emphasizes a driver's intent to turn, avoids confusion about right of way at the corner, and partially removes the driver from the path of overtaking vehicles, facilitating passing and reducing risk of collision.
Not to stand or park a vehicle in a bicycle lane
(Section 316.1945(1)(b)6, F.S.)
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.
|
