Thursday, July 8, 2021

Cycling/Rules of the Road update: Changes in Florida Law that impact Motor Vehicles / Bicyclists effective July 1, 2021.

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.

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