Again, A Police Officer Does Not Know That A Bicyclist Can Take A Narrow Traffic Lane

I cringe every time I hear a police officer tell a bicyclist who is lawfully pedaling in a lane to move to the side or bike on the sidewalk.

My major pet peeve about motorists in Florida is that many do not understand or the know the law that permits bicyclists to take the entire lane if that lane is too narrow for a car to safely pass the bicyclist within the width of that lane.

CyclingSavvy is an excellent bike education program that explains this concept.

This issue surfaced once again when a police officer in the city of Oviedo in Seminole County incorrectly told a bicyclist to move his position from the lane.

The bicyclist said he was lawfully in the lane and that he would not bike on the sidewalk.

This verbal exchange was the topic of a TV news report.

And here's another great news nugget too.

I wrote a letter to the city of Oviedo about the law and I hope you do too. Here are the email addresses to the police, mayor and other city officials.

ADD

The police chief responded promptly to me email and I'm sharing his response:

Mr. Snel:  I am in receipt of your e-mail regarding the officer/bicyclist encounter.  Yes, the officer could have handled this better, no debate on that.  However, the bicyclist was incorrect when he cited FSS about it is illegal for him to ride on the sidewalk.

FSS 316.2065 Bicycle regulations.— section 9 and 10 state:

(9) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.

(10) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

The officer’s approach may have been abrupt as he was on his way to a call for service, his request to have the bicyclist move out of the middle of the lane, although legal for the bicyclist to ride there under section  5 a.3 ” (5)(a) states ”Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

1. When overtaking and passing another bicycle or vehicle proceeding in the same direction.

2. When preparing for a left turn at an intersection or into a private road or driveway.

3. When reasonably necessary to avoid any condition or potential conflict, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, turn lane, or substandard-width lane, which makes it unsafe to continue along the right-hand curb or edge or within a bicycle lane. For the purposes of this subsection, a “substandard-width lane” is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.”

The street the bicyclist was riding on is a very curvy street and vehicles often exceed the 30 mph speed limit.  The officer saw vehicles swerving around the bicycle and was concerned for his wellbeing as he was in the middle of the lane.   His request for the bicyclist to move closer to the curb or onto the sidewalk was for safety reasons.  Since Florida has one of the highest rates of vehicle vs. bicycle crashes the safety of bicyclist is always our concern.

Jeffrey Chudnow

Chief of Police

Oviedo Police Department

300 Alexandria Blvd.

Oviedo, Florida 32765

407-971-5731 (office)

407-971-5816 (fax)