The police power and intimidation of cyclists- guide to hanlding "officer friendly"

Of recent I have been posted on FloridaBicycleLaw.com with several inquiries about "the law" and the "enforcement of the law" by the local law enforcement.  Those men and women do a job that we don't want to do...deal with bad people. 

However, that line of work also attracts a few folks who have an improper perspective of their role when they come into contact with us in the cycling community.  To some of these folks, bicycles are not with cars on “roadways.”   Examples: The three wheel who is told her bicycle cannot be on the road because it is "too wide."  The cyclist who is told "get off the sidewalk" or to "get on the sidewalk" for unknown reasons. (These are real cases).  As far as rights, actually, the opposite is true: we can ride road or sidewalk. These folks can be arbitrary or wrong in the application of the statues.  So, I'd like to offer the essential list of statutes and some suggestions to help you to be informed and help Officer Friendly be reasonable.

When a situation arises and Officer Krumpke tells you to pull over, he/she may not be having a good day with good results.  That is going to change during the interaction with you.  You are going to remind him of the good he wanted to do when he started with the force and you happen to be the solution.  S/he will leave with a smile, you will make sure of that.

    First- make sure you pull waaaaay over and where the exchange won't be embarrassing for the Officer. 
    Second, forget the indignant "what's do you mean pulling me over A–hole." (Doesn’t work)  Smile and say "How can I help you officer/deputy?"
    Then third, listen completely to what she/he has to say.  Ask questions, s/he’s got a point and a job.  
    Fourth, know this: right out the box: Florida Statutes section (“F.S”) 316. 2065(1) says bicycles are cars period.  Bikes are cars. The legal significance is this: If it applies to the car, it applies to the bicycle.  Does the nice officer want you do to something with your bike you don’t have to do with your car?  You know the motor vehicle laws.  You don’t need me there, you got this: Ask Deputy Ed Rooney: Would it be required of a car to do this?   Drive on the sidewalk? Make a left turn from the right lane instead of the middle? You have to quote F.S.316. 2065(1) to him and you can solve most problems.  If the officer resists he's got a problem on his hands, but don’t argue this.  I'll discuss that below.

Since you know most car rules, his next point may be "city/county ordinance says that "bicycles must ___(whatever)____.   He may be correct.  F. S. 316.008 say cities and town can reasonably regulate bicycles.  That usually means keep them off sidewalks. Cool.  That doesn’t mean to change the traffic statutes and that is in F.S. 316.002.  If a car can or has to do it, you do too.

You will want Deputy Fife to give you the exact ordinance number and make a point of writing this down.  If' he's "shooting from the hip," this may weaken his resolve to cite you.   This is where the B.S metermay go off.  If he's really got a city/town ordinance that says bicycles must (whatever) he'd ought to know it and quote the number to you.  You can check all city and county ordinances at www.municode.com.  Cities can and do regulate bicycles being on sidewalks but that's about all they do. 

Other points: When we are riding we have the rights of vehicles, and then some.  We can ride on sidewalks.  There we have the rights of pedestrians. F.S. 316.2065(11). Cars have to stop for us in crosswalks.  F.S. 316.130.  Moreover, we don't have to dismount and walk our bikes across.   

Just keep in mind, when interacting with Deputy Fife: you do not have a Sargent who will back you up even if you’re wrong. Never argue.  If the officer is going to ticket you, he's going to have to go to court and justify his citation.  That might be time on his day off he won’t want to give.

Print the following statutes out, put them a vinyl covering from (Fedex Kinkos/Office) and stick it in your pocket when your ride around town. 

F.S. 316.002 – Purpose (State law preempts local ordinance)
F.S. 316.003(42) (“Roadway” is for vehicle traffic not the berm or shoulder of road)
F.S. 316.003(75) – Definitions (bicycle is a vehicle)
F.S. 316.008 – Powers of Local Authorities (bicycle can reasonably regulated by cities/towns)
F.S. 316.083 - Overtaking and Passing a Vehicle (bicycles must have 3 feet when passed)
F.S. 316.130 – Pedestrians; Traffic Regulations  (cars must stop for bicyclist in their lanes at crosswalks or if so close to lane to be in danger)
F.S. 316.185 Special hazards (cars must slow down/avoid bicycles on narrow roads or at crosswalks)
F.S. 316.2065 (1)– Bicycle Regulations (bicycle has the rights of cars)
F.S. 316.2065 (10)– Bicycle Regulations (bicycle on sidewalk has the rights of pedestrians)
FS 316.183 – Unlawful Speed (can’t go slow so that impede, block normal or reasonable traffic)
Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways -M.U.M.S.D.C.M.S.H. a/k/a “Fla. DOT Florida Greenbook” chp 9 B.3 (14 feet is the recommended lane if less it's a "non-standard" width)  

Now, the statutes with the language included: 
FS 316.002 – Purpose (State law trumps local ordinance)

It is the legislative intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities …. It is unlawful for any local authority to pass or attempt to enforce any ordinance in conflict with the provisions of this chapter.

FS 316.003 – Definitions (bicycle is a vehicle and can ride on road, sidewalk, or bicycle path)


(2) Bicycle – Every vehicle propelled solely by human power ….

(42) Roadway – That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder ….

(47) Sidewalk – That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

(63) Bicycle Path – 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 ….

(75) Vehicle – Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway 
FS 316.008 – Powers of Local Authorities (bicycle can reasonably regulated by cities/towns)
(1) The provisions of this chapter shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from:
(h) Regulating the operation of bicycles 

FS 316.083 - Overtaking and Passing a Vehicle (bicycles must have 3 feet when passed)
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:
(1)**** The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

Fla. Statutes 316.130 – Pedestrians; Traffic Regulations  (cars must stop for bicyclist in their lanes crosswalks or if so close to lane to be in danger)
                                                     * * * * * 
(7)(b) The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian (bicyclist or skateboarder) to cross a roadway when the pedestrian (bicyclist or skateboarder) is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian (bicyclist or skateboarder) is approaching so closely from the opposite half of the roadway as to be in danger. 

(c) When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian (bicyclist or skateboarder) crossing the roadway within a crosswalk when the pedestrian ((bicyclist) is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian (bicyclist) is approaching so closely from the opposite half of the roadway as to be in danger.

 

316.185 Special hazards. (cars must slow down/avoid bicycles on narrow roads or at crosswalks)

The fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions (non-standard road widths/narrow roads for example), and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care.

Fla. Stat. 316.2065 – Bicycle Regulations (bicycle has the right of cars)

(1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle.
  
MUMSDCMSH a/k/a (Florida Greenbook) (14 feet is the recommended lane width for towns and cities to make for lane which can accomodate cars/trucks and bikes if less it's a "non-standard" width) 
Chapter 9 – Bicycle Facilities 
B.3            Curb Lanes
In restricted urban conditions, where it is not possible to include bike lanes or paved shoulders or on lower volume collector streets, an outside lane wider than 12 feet can help accommodate both bicycles and motor vehicles in the same lane. Fourteen feet is the recommended lane width for shared use in a wide curb lane, and is the minimum width that will allow passenger cars to safely pass bicyclists within a single lane.

 

Lights, camera- and a stop from officer friendly

I received the following post to me on the Florida Bicycle Law.com website from Allen W. in Orlando:

"I am a 60 year old bicycle commuter and regularly ride from my home to my place of business 10..7 miles one way. Approximately two-thirds of this commute is on Orlando city streets within bike lanes and one third is on public sidewalks or bike trails. Two miles of this commute is in a bike lane of Alafaya Trail, a heavy traffic arterial route between Highway 50 and University Blvd. in the vicinity of the University of Central Florida. I try to commute only in daylight but sometimes must travel in darkness.

I have had a number of instances in which automobiles fail to yield at intersections either failing to acknowledge the pedestrian crossing light while making a right had turn on red, or, when making a left turn on unprotected (right turn arrow) green light intersections failing to yield to oncoming bicycle traffic. These are common to most cyclists as are the "right hook" turns commonly encountered. I recognize my responsibility as a cyclist to be vigilant and avoid these road hazards.

To avoid these and other vehicular interactions of a debilitating kind I have taken the initiative to upgrade lights which I use during the daylight hours as well as night riding. At night I operate in accordance with Section 316.2065, F.S. with a constant burn illumination. During the day I have been using a flashing pattern to enhance the ability to get a driver's attention. These are high quality, bright, generation 3 LED lights similar to those used on emergency vehicles as secondary lights and not the small low intensity common bicycle lights. The response from vehicles has been good. I notice that many now see me coming at intersections where I had previously had issues. I view it as a positive benefit.

Yesterday, while riding home in daylight on a wide sidewalk portion of my route, a county sheriff's deputy hailed me from the roadway and told me to remove the taillight from my bicycle. He did not stop me or make any other comments. I believe he was reacting to the flashing light in regards to his perceived interpretation of the motor vehicle statutes regarding lighting. I do not fault his comments, however I would like an opinion. My thought is that Section 316.2065, F.S. encourages additional lights and visibility enhancements for cyclists. I should say that I have ridden past and been passed by many other officers with no issues. Still I try to set a good example for other bikers and aid motorists in any way possible and would appreciate a clarification."

Well, allow me to first cynically comment about the deputy's arrival: "Where are you when we need you? And why didn't you ticket that driver who just shaved the hair off my left forearm just now?"  (Okay, that's out of my system.  I would never actually say that to an officer/deputy guys.)

First, Florida law, specifically prohibits "vehicles" from having flashing lights unless they are making a turn or using the warning flasher (for a reason) or are law enforcement or Emergency vehicles (316.2397(7)).  This means those nice flashing Blackburn, solar powered Fleas you have?  They're illegal.  Yep, so's any other flashing light.  But Allen is on a sidewalk.  Is he still a vehicle?  This is the area known in the law as the infamous, well-know "gray area."  It's in this area where the officer/deputy gets to draw the lines for citations depending on what kind of day she/he is having and what degree of jerk he thinks you are being.

Technically, legally we and our bicycles are vehicles. (316.2065(1)).  Allen, has a right to be on the sidewalk, by implication from 316.2065(10), and he has all the rights and duties of a pedestrian.   So...vehicle? pedestrian? What does officer friendly have the right to declare?  No flashing lights and give you a pedestrian ticket most likely under 316.130?  He could.  Allen did the right thing obeying the nice deputy. Those folks do a job that can be very tough at times. Allen behaved in the manner that we need to convey to the non-riding public: a member of the reasonable, intelligent cycling community.  So, likely he won't be getting that ticket ever. Write me, call me and get a legal opinion before you go against your local deputy.

Having said that, HOWEVER, if in another circumstance there's a question of safety, your safety, say for example in a very well-lit light congested area with lots of visual distractions where the sight of your bike is lost, be polite but firm about your lights with an officer.  Tell him you are concerned about the very real possibility of getting hit.  He certainly will agree with that and may caution you to not ride the road with the "big flashy thingy." I think Allen's lights, (though I haven't seen them) are probably a good idea and perhaps the deputy was "officious." Anything you can do to make yourself more visible and reduce the likelihood of not being seen is a good thing.  The deputy may have an argument if Allen's light approximate an Apparent Magnitude of 1.  Other than that, we may just have an officer with too much time on his hands.

Thanks for your questions Allen!

J. Steele

4th Annual Bicyle Bash- just sublime.

Well, a good time was had by all.  Thanks to all the bicyclist that came out and signed up for the FloridaBicycleLaw.com Newlsetter.  The initial issue is being compiled right now.   I listened to several of the local bike shops tell me about customers who come in at least once a week detailing some indignity, battery (that's a crime folks) or assault.  Many, many stories of law enforcement failing to do its job by just enforcing the laws on the books.  We may need new laws to get enforcers to enforce (?!?!)  Man, I hope not.  I also listened to a lot of cyclist telling "road warrior" stories about cars and intersections.
     Curiously, while listened to all the stories from the cyclists, shop owners, moms and dads, I heard no strories from any of the cyclist doing of any law violations.  I don't think they are hiding anything (we are all friends on the road) and I was listening and ask questions of the folks (don't bulls#*t an attorney).  I think, by and large, we cyclists obey the laws because we don't want to end up as hood ornaments.   Why do I keep hearing complaints about cyclists?   Well for one thing, we have tight clothes, flashy jerseys, cool sunglasses, cool looking bikes; we are saving gas, getting fit, enjoying the out doors, going to a fun place in a fun manner.   Who would not be jealous of a cyclist on a week day or weekend when the jealous person is going off to work or some other obligation?  I bet you've thought that: "Man, I wish I was on my wheels" when going past some solo rider who's passing you repeatedly on the bike lane, while you sit in traffic from light to light.    Too bad they don't realize we may be going to Home Depot, or the post office of FedEx Office or the grocery store or Target.. we just "aren't pollutin' while we're commutin."  Hence, the green eyed monster.   Now there are those screamers on bicycles.  I am not one of them, yet.   However, I have the luxury (?) of  staying away from the CO2 belchers myself, but I certainly can see the justification for the anger at cars when we get run off the road on our carbon fiber 700c tires or get whacked by a mirror (my last case).
     But let me just pause right here and say....
I just want to remind everyone, we are all ambassadors of cycling.  Pedestrians have the right of way on sidewalks. The overly polite woman who stops in the middle of the road and waves you through while you are obviously waiting  next to the crosswalk for her to go by is a road hazard.   Wave vigorously for her to go and make the people behind her like you in  your tight shorts/fancy sunglasses.  The more we are polite to the gas guzzlers, the more we have advocates when we need them.  Whether in a county Commission meeting or whether we are laying on the side of the road watching stars go around our head while 911 is being called.
     Law enforcement is also an ally who we can bring closer to our cause.   How many of you have hit another car and caused $7,000 damage with your bicycle?  How many have gone 55 in a 30 mph  or school zone?  How many of you have driven drunk up an  interstate ramp and gone backwards in a 70 mph lane hitting a mother and her kids killing them all?  No takers?  Right.  That's my point.  We are a very safe, low impact., easy to maintain community of vehicles.  That's right - vehicles. We are vehicles fully entitled to use of the roads here in the state of Florida.  However, we have also to obey ALL the traffic laws.  If you do, no ticket, less work for law enforcement officers.  They love you.   Law enforcement makes the same amount of money if they write or don't write ticket.  You cause work, you are not liked.  So, if you make a semi-stop at a stop sign and use your left hand to signal- law enforcement hasn't got a beef, neither does the driver behind you  or the one making the turn.  You're acting like a vehicle and legitimizing a bicycle on the road.   If you obey the laws, you will go a long way to getting the cycling community accepted as a segment of the folks who pay taxes for roads and have full rights to the use thereof.
  So, be kind.  Be an ambassador for your fellow cyclists, obey the laws, use your arm and signal.  Wear a helmet, encourage moms and dads to wear helmets, obey the traffic signals (except for those damn red lights that don't trip- but that's another post.)
J. Steele

"Nothing compares to the simple pleasure of a bike ride." - President John F. Kennedy

No safe place for the cyclist; we're always at fault.

I read today in the St. Petersburg Times about the young wife and mother who went to place a memorial on her cyclist husbands crash site only to have it run over by a truck while she was there.  The point?  The truck had run it over in a chevron.  That's a no-no.  No driving in the Chevrons.  Those are supposed to be safe havens for us.  Hmmm.   Was the reporter sympathetic, outraged, incensed even?  No.  He mentioned the deceased had been going against the traffic when he'd been killed.  Like that was an excuse to kill a cyclist.   I don't think so.