Who Has the Right-of-Way? I mean no disrespect, but wanted to post this for awareness, to bicyclists on the island. The other day I was taking my son to his dads on Pine Island, in Saint James City. We came upon two bike riders, in the middle of the street I had a solid yellow line I couldn’t pass them, I maintained my patience, and waited for the broken line and passed, as I did my teenage son called to them to be more considerate. We got to his dads, and they stopped and were complaining, of his statement, they then tried to quote the law for bikes on streets, stating they have every right that a car does, and then stated they were also pedestrians. Just wanted to post the laws...I’m hoping they might see it because the next driver may not be as patient as I was.
A bicyclist who is not traveling at the same speed of other traffic must ride in a designated bike lane see (Bike Lane Law Explained) or as close as practicable to the right-hand curb or edge of the roadway. A bicyclist may leave the right-most portion of the road in the following situations: when passing, making a left turn, to avoid road hazards, or when a lane is too narrow for a bicycle and a car to share safely. I wish I knew those people, I would so send this to them.
Traffic laws for pedestrians and drivers to know:
Although drivers are required to exercise care to avoid pedestrians (see below), pedestrians are also subject to traffic laws.
What follows is a summary of Florida's traffic laws that pertain to pedestrian travel.
Definitions
(Section 316.003(6), (28), and (47), F.S.)
CROSSWALK: (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway, or (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
PEDESTRIAN: Any person afoot.
Comment: Pedestrians are understood to include: "a person afoot, in a wheelchair, on skates, or on a skateboard" (definition of "pedestrian" in the Manual on Uniform Traffic Control Devices).
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.
Comment: The lateral line of the roadway is the edge of the roadway. A street's public right-of-way reservation typically includes width for sidewalks and utilities. Unpaved sidewalks (beaten paths or other firm surfaces) may be practical for some pedestrian use, but generally do not meet technical provisions for "accessible [pedestrian] routes" or "accessible trails" as described in federal accessibility standards and guidelines.
Pedestrian use of streets and highways
(Sections 316.130(3), (4), and (18); 316.2065(12), F.S.)
Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.
Where sidewalks are not provided, a pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian's direction of travel, facing traffic which may approach from the opposite direction.
No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, may go upon any roadway except while crossing a street on a crosswalk; and, when so crossing, such person shall be granted all rights and shall be subject to all of the duties applicable to pedestrians.
Comment: Sidewalks in the legal sense exist on most streets in settled areas, but are not necessarily paved. Encroaching vegetation, cracks and upheaval caused by tree roots, illegally parked vehicles and other circumstances can make even paved sidewalks impractical to use at points and inaccessible for those with mobility impairments. Where sidewalk areas have been left unpaved, natural vegetation or landscaping, wet or muddy conditions, nearby ditches, and hazards hidden in grass or under plant litter (wasp nests, sharp objects, tripping hazards, etc.) can similarly make pedestrian use impractical.
When such circumstances occur on a road without curbs, pedestrians traveling along the road should use the left shoulder, the graded area adjacent to the traveled way on the left side. Where such circumstances occur on a street with curbs, there is no shoulder per se, but the customary rule for pedestrians to travel on the left side of the roadway, so as to face any traffic approaching in the adjacent lane, is still applicable when practicable. A driver and a pedestrian who face each other are generally more aware of each other and crash risk is therefore reduced for pedestrians who travel on the left. (Note: because of their much greater speeds and other differences in operating characteristics, cyclists do not enhance their safety by following this rule. On the contrary, it increases a cyclist's crash risk. Roadway cyclists are required to ride on the right.
Thank you for allowing me to post this. It may also prevent injuries to pedestrians and bicyclists that’s the most important reason for these laws being in place.
by: Kimberly Prosser Black-Palmes
