New laws took effect
July 1 that impact the motorist / cyclist interaction (perhaps ‘impact’ is a
poor choice of words). Regardless, please CLICK HERE to view what is known as Senate Bill 950 (SB 950), it was passed this last legislative session and
signed into law on June 29, by Governor Ron DeSantis. I have detailed below some of what is updated under SB 950 including defining a bike lane, 10 cyclists = 1
at a stop sign, 3 foot rule better defined and now provides guidance to a
driver as to when and how to pass, even in a no passing zone. There is a new safeguard for cyclists against the ‘right hook’.
What is a Bike Lane? Bike lanes long predated SB 950. Post SB 950, a bike lane is now an area “which is designated by pavement markings and signs
for preferential or exclusive use by bicycles.”
Why is this important?
(what is not a bike lane)
1. A narrow shoulder
(wide areas to the outside of the white line) is not a bike lane. Police or aggrieved
motorist can no longer tell bicyclists to ride in the narrow shoulder, claiming
it to be a bicycle lane.
2. A Shared Path is
not a bike lane. SB 950 resolves any prior confusion. Exclusive use has always
been the key. A shared path is NOT a bike lane.
SB 950 does amend (albeit subtly) sec. 316.2065, Florida Statutes, which has always required cyclists to ride in designated bike lanes where provided. The same enumerated exceptions apply.
I have discussed this
issue in prior posts. It is infuriating when motorists yell at cyclists, or
worse, give an aggressive brush by, when they (improperly) deem that cyclists
should be using shared paths such as the Old Cutler Trail (pictured to the
right). As indicated on the trail map,
the path is open to many activities, three of which are depicted on the route
info sign: walkers, skaters as well as cyclists (and many do use it). Not
pictured, but also heavy users of the Old Cutler Trail (and other similar
shared paths): strollers, golf carts, wagons, pet walkers – all kind of users
who justifiably also enjoy use of the shared path, but do not mix well with the
fast moving cyclists. See PRIOR RELATED POST of June 22, 2021, Palmetto Bay can change the project, but municipal officials cannot change State Law which determines where bicyclists may ride.
Sharing the road – the
legal way to overtake a cyclist. The where and how are better defined under SB
950.
The 3 foot rule predated SB 950, but I have yet
to hear of any traffic citations having been issued for violations (I am not
saying it has not been enforced, I have merely not heard of any specific
instances). The driver of a vehicle overtaking a bicycle or other nonmotorized
vehicle, or an electric bicycle, must pass the bicycle, other nonmotorized
vehicle, or electric bicycle at a safe distance of not less than 3 feet between the vehicle
and the bicycle, other nonmotorized vehicle, or electric bicycle. See: Florida Statutes 316.083 (1) (Bold emphasis added)
SB 950 provides specific guidance for motorists overtaking and passing a vehicle.
SB 950 now requires a
motorist to remain a safe distance behind the bicyclist if they cannot pass
with at least 3 feet distance, until such time that they can.
New to the law, SB 950
also requires drivers to give 3 feet distance when passing a bicyclist
traveling in an adjacent bicycle lane (but not a separated bicycle lane).
For drivers of motor
vehicles – frustration reduction – Many drivers would (justifiably) become
frustrated following cyclists in a no passing zone (marked along many areas of
Old Cutler Road). SB 950 clarifies that drivers
of Motor Vehicles are allowed to overtake and pass a bicyclist while both are
in a no-passing zone, provided it is done safely. (Bold emphasis added). (Amending sec. 316.0875, Florida Statutes.)
I
bet you never heard of a "right hook" outside of boxing (or MMA for
the Gen Xers and younger).
SB
950 addresses a big risk the cyclists - the aforementioned 'right hook'. This
is where a motor vehicle passes a cyclist only to almost immediately make a
right turn in front of that cyclist, essentially cutting him or her off. This
is one of the biggest causes of cyclist/motor vehicle accidents. SB 950 offers greater protection for cyclists
in that a driver of a motor vehicle may not turn right unless there are no
cyclists within 20 feet of the intersection. (Amending sec. 316.151, Florida Statutes.)
10
cyclists now equal a single vehicle at a traffic control device. It is now
spelled out in the law. SB 950 provides a new addition to Sec. 316.2065, subsection
(6)(b), which provides that
(b)
When stopping at a stop sign, persons riding bicycles in groups, after coming
to a full stop and obeying all traffic laws, may proceed through the stop sign
in a group of 10 or fewer at a time. Motor vehicle operators must allow one
such group to travel through the intersection before moving forward.
I
do not expect this provision to be popular with drivers. SB 950 sets the limit number
at 10. Not 20. Not even 11 – its 10.
As
I have pointed out in numerous blog posts, Florida Statutes, Chapter 316.2065
Bicycle regulations.— provides that bicyclists have the same rights to the
roadways, and must obey the same traffic laws as the drivers of other vehicles.
These laws include stopping for stop signs and red lights, riding with the flow
of traffic, using lights at night, yielding the right-of-way when entering a
roadway and yielding to pedestrians in crosswalks.
Please
don’t merely rely upon what I have posted here. I invite you to follow the
links and read the law for yourself. Your interpretations may differ. The
greater protections work well for cyclists and the drivers of motor vehicles
benefit from the clarification of when they can safely pass, even if in an area
marked as a no-passing zone.
Please ride and drive safely out of the road.
Let’s all look out for each other and be courteous.
