Two Citations-Identical Circumstances-Opposite Verdicts
From Florida Bicycle Law
Recently, a cyclist was cited for violation of the “keep right” provisions of FS 316.2065-Bicycle Regulations. It was upheld in traffic court.
It was similar to another citation about a year ago in another jurisdiction. Both cases were nearly identical in the circumstances and the evidence presented by the bicyclists to the court.
The cases are notable because one cyclist was found guilty and the other the case was dismissed. There were some differences in the situations.
Both cyclists were advised to write to the department, retain counsel, and file a motion to dismiss before the court date. The cyclist who was found guilty chose to proceed without counsel.
The other retained counsel and filed a motion to dismiss, which was decided in his favor before the court date.
I believe that the time and proper setting of a pre-trial motion will enable full exploration of the circumstances, facilitating a better decision. The environment in traffic court is not conducive to thorough examination of the laws and circumstances of a case.
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In the case in which the cyclist was found guilty, the officer indicated in court that there was a sidewalk that the cyclist could have been using, indicating ignorance of the rights of cyclists as operators of vehicles and the additional hazards of cyclists riding on sidewalks.
The cyclist read the substandard-width provision in the statutes, and a quote from the Department of Transportation about a wide curb lane being a minimum of 14 feet wide with narrower lanes being not wide enough for a motor vehicle to safely pass a bicycle within the same lane.
The officer stated that virtually all lanes in that city are less than 14 feet wide and cyclists would be able to ride in the center of the lane everywhere, which seems to imply that since that community has narrow roadways, Florida law does not apply.
About 90% (My estimate) of Florida roadways have lanes that are less than 14 feet wide. I believe that was the intent of the “unsafe conditions” language in the Bicycle Regulations that allows a cyclist to leave the right side of the roadway and become more visible, thereby encouraging safe and legal overtaking and passing by motorists.
The statutes reflect and should encourage safe cycling practices. In both cases, there is a lack of understanding of the principles of safe cycling, and that riding far right in a narrow lane encourages motorists to illegally and dangerously attempt to pass within the lane with oncoming traffic or conflicting traffic in the adjacent lane.
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<a href="http://flbikelaw.org/2010/03/two-citations-identical-circumstances-opposite-verdicts/">http://flbikelaw.org/2010/03/two-citations-identical-circumstances-opposite-verdicts/</a>;