Do you know your laws?

BikeWalkLee Column
The News-Press, 3/15/2018
by Ken Gooderham


With high season upon us, our roads aren’t the only place where congestion — and sometimes bad behavior — reign. Many of our pathways are quite busy and some reach capacity at times. Those include some stretches on Sanibel, Fort Myers Beach, Bonita Beach, parts of McGregor Boulevard and sidewalks in the core of downtown Fort Myers. While full-time residents can forego overcrowded restaurants until things get back to normal, that’s not always an option for roads and pathways.

For those walking or running the most common complaints relate to cyclists who use the paths — which are frequently narrow sidewalks only 5 feet wide — but travel fast and fail to warn when passing. Another common gripe is that motorists fail to comply with crosswalks, don’t stop before making a right-on-red or block the crosswalk when waiting to proceed.

How well do you know your bicycle laws? Try this:

1. Is a bicycle is considered a vehicle?
2. Does a cyclist have a right to ride on a public roadway?
3. Can a cyclist be given a traffic ticket?
4. If you’re riding at night, does your bike need to have lights front and rear?
5. Can a cyclist use a headset while riding?
6. At what age must a cyclist wear a helmet?
7. Does a cyclist have to ride in the same direction as motor vehicle traffic?
8. Can cyclists ride more than two abreast on a public road?
9. Do cyclists have to warn pedestrians before overtaking them?
10. What width driving lane is considered “shareable”?

The answers:

1. Yes, according to Florida Statutes (FS) 316.003(2).
2. Yes.
3. Yes, for violating either the standard or bike-specific parts of FS Chapter 316. Good news is a bike citation does not accrue points on your record.
4. Yes, according to FS 316.2065(8).
5. No, according to FS 316.304.
6. Any cyclist under age 16 is required to wear a helmet. A smart cyclist of any age should wear one as well.
7. Yes, if you’re riding in the driving lane. No if on a sidewalk.
8. No, and they can only ride side-by-side if they do not impede traffic. If you’re riding on a bike-only lane, you can ride more than two abreast.
9. Yes, if on a sidewalk or crosswalk. Not a bad idea on a shared-use path, either.
10. 14 feet, since that allows a motor vehicle to pass a cyclist in the same lane without violating the three-foot rule (the closest your vehicle is supposed to be to a cyclist).

Know them all? Great! Didn’t do too well? Consider heading to the Florida Bicycle Association website (http://floridabicycle.org/publications/) to download a copy of their “Complete Bicycle & Pedestrian Law Enforcement Guide.” A good summary of the pertinent statutes for both biking and walking.

Beware the autonomous auto

Bad news, cyclists. The driverless technology that’s going to revolutionize transportation? Not so good at seeing someone on a bike.

I guess we can’t be too surprised. Given all the trouble human drivers sometimes have sharing the road with cyclists, why would we expect AI would make it any better?

One study of autonomous cars – a phrase we’ll have to start getting used to – says bicycles are “the most difficult detection problem that autonomous vehicle systems face.”

Why? Nimble, small and unpredictable – the same issues that human drivers have with them.

One solution being proffered is to have cyclists wear a communications gizmo that would allow the autonomous vehicle to sense its digital presence. This could allow a faster response by the vehicle, befitting the bicycle’s more nimble moves (and the cyclist’s more unpredictable behavior).

Of course, this early in the beta-testing means the developers of autonomous-vehicle technology still have time to tweak the software, hopefully making it easier to sense bicyclists more in line with its capacity to navigate vehicles, pedestrians and various road hazards.

Who knows? Maybe if they find an answer for autonomous vehicles, they might figure out a way to make cyclists more visible to human-driven ones next!

Ready to ride or run?

Run? If your St. Patrick’s Day celebration needs to include a run, there’s one tonight in Naples, -- a 5K at Fit & Fuel (gcrunner.org). There are two options on March 24 – a 5K in Cape Coral (3dracing.com) or a 10K at Artis Naples (gcrunner.org).
 
Ride? On March 25, join the Cycling for Fallen Heroes event and pick from your choice of a 10-, 28-, 42- or 62-mile ride (active.com). A rare gap in Critical Mass rides due to the calendar, with the next one not until March 30 in Cape coral.

Both?  Since it’s good to plan your tris in advance, put these three on the calendar:

• Sunday, April 15: FGCU Eagle Sprint Tri and Duathlon, Florida Gulf Coast University (active.com).
• Saturday, May 12: Cape Coral Yacht Club Sprint Tri (active.com).
• Sunday, June 3: Fitness Challenge Sprint Tri, Naples Beach Hotel & Golf Club, Naples (active.com).
• Also, registration opens for the Galloway Captiva Tri on May 1; the race weekend is Sept. 15-16, with the kids’ events Saturday and the sprint tri Sunday.

TELL US ABOUT YOUR RIDE:

Have a favorite route you like to bike, or a unique walk you’d like to share with others? Tell us about it at info@bikewalklee.org, and maybe we can feature it in an upcoming column.

# # #

Ken Gooderham writes this on behalf of BikeWalkLee, a community coalition raising public awareness and advocating for complete streets in Lee County — streets that are designed, built, operated and maintained for safe and convenient travel for all users: pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. Information, statistics and background online at www.BikeWalkLee.org. 


 

Share the road and pathway

Florida Weekly 'Outdoors' column, 12/6/17
danMOSER
bikepedmoser@gmail.com

As the rest of the country begins to experience the type of weather that understandably sends folks our way, the influx of snowbirds and tourists impacts not only our roads but our pathways as well. That fact means there will be many more opportunities for collisions, conflicts, mishaps and close calls. By following the laws and etiquette that we, as a society, have put in place over the years, our interactions on the road and pathway will be enjoyable and safe. But it takes all parties to make that possibility the rule rather than an exception.

It would seem obvious that pedestrians, being the most vulnerable user of the public rights of way, should have the highest priority in anyone’s mind, if for no other reason than the ease at which we can be seriously injured or killed when mixing in traffic. But even though traffic laws appear to take the vulnerability factor into account, the reality is they are not enforced in that way, nor are laws as pedestrian-friendly as one might expect. In some cases that is very understandable — considering drivers can’t be expected to avoid every potential collision when it’s physiologically impossible due to time and distance elements that are in play with any moving object — drivers get priority.

The most important things to keep in mind when walking, running, skating or operating an assistive device like a wheelchair, are common sense concepts. Be predictable to other users. Use sidewalks and pathways when available and when not obstructed. Pay attention to the surroundings and forgo the use of distracting devices when on public rights of way. Be assertive when necessary at places like crosswalks and other areas where the rights are clear and obvious. Be considerate of others with whom we are sharing the pathway. And be patient when stuck at signals where the only reason we can’t cross when adjacent motor traffic has a green light is because the auto-centric pedestrian signal timing formula makes us wait another cycle for the sake of moving more cars. But we must also keep in mind that, on average, being struck by a motor vehicle at 30 mph gives us a 50 percent chance of survival and being hit at 40 mph decreases the survival chance to only 15 percent. In both cases, if not fatal, major and perhaps permanent injuries will likely result.

Those of us who operate bikes are required to follow the same rules and laws as drivers when using the roadway. One law that doesn’t apply is to maintain a minimum speed that would result in illegally obstructing traffic for motorists. While we are required to ride “as far right as practicable” we are not compelled to ride in the gutter and can, in most cases, use any part of the traffic lane as necessary to be safe from motorists passing illegally (i.e., less than a 3-foot buffer). If travel lanes are less than 14 feet wide (almost all our roads’ lanes are less than that width) we need not ride right when passing traffic puts us at risk. On pathways, bicyclists have second-class status and must not put pedestrians at risk by operating too fast, passing without warning or passing too closely. Bicycle operators must also keep in mind that public roads and pathways aren’t bicycle race courses.

When behind the wheel of our motor vehicles, machines that can easily take and ruin lives, we have the ultimate responsibility to behave appropriately for the power we wield. That’s the law and that’s what society agrees is required of anyone wishing to have the option to drive, at least in theory.

For example, one of the broadest laws, the careless driving statue states: “Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.” (FSS 316.1925). That’s about as direct and basic as it gets, in my opinion. As well, the law that places blame on anyone who rear-ends another vehicle, person, or object is just as direct: “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, 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.” (FSS 316.185). Aside from these two comprehensive rules of the road for vehicle operators there are many other laws intended to keep us safe on the roads. But common courtesy — especially when operating around vulnerable users — should always be in play. Perhaps by thinking of that guy on the bike who is holding up traffic as our spouse/brother/father or the woman crossing the street, delaying drivers wanting to make their right turn, as our spouse/sister/mother will help us better understand and have patience with our fellow road users.

Go to floridabicycle.org/bicycle-trafficlaw for details of Florida’s bicycle laws. FDOT’s pedestrian law brochure can be found at alerttodayflorida.com. And, as always, for more about this and similar matters visit BikeWalkLee’s blog at bikewalklee.blogspot.com. ¦

- Dan Moser is a long-time bicycle/pedestrian advocate and traffic safety professional who cycles, runs and walks regularly for transportation, recreation and fitness. Contact him at bikepedmoser@gmail.com and 334-6417. 

For Lee County cycling and tri events visit Caloosa Riders Bicycle Club (caloosariders.org); Florida Mudcutters (mudcutters.org); and SW Florida Biking Meetup Group (meetup.com/Biking-SWFL). The Florida Bicycle Association (floridabicycle.org) is your source for statewide happenings. BikeWalkLee’s blog site has all the information you’ll need to stay abreast of advocacy efforts in Southwest Florida as well as statewide and nationally.