New Florida law.

[pale scotsman]

Caught this on the Pensacola news last night and am not sure when it goes into effect, but there's a new law in Florida giving cyclists, pedestrians, wheelchairs, etc three feet of space on Florida roads.

There's been something like 550 cycling deaths in the last 5 years in the state. The new law will give cyclists a 3' buffer from cars that is, get this, fineable to the tune of $118, and points of your license. It may be hard as heck to enforce, but it's at least a step in the right direction.

[Bill Bove]

Local Law enforcement say they have no plans to crackdown on offenders. If they don't see it, they're not going to worry about it. speaking to one area chief I got the impression that his force would be watching CYCLISTS more closely.

[Elefantino]

Yep. Local cops here won't enforce it unless it happens right in front of them.

It goes into "effect" tomorrow.

("Three-foot buffer" jerseys will, I'm sure, sell quickly.)

[saab2000]

It's at least a step in the right direction, even if it is not enforced properly at first. Having something the lawyers can get a hold of is important. If a cyclist is hit it means that a law was violated.

Not much, I agree, but better than nothing.

[Kevan]

that paceline formation tight.

[BumbleBeeDave]

. . . unless local departments are willing to enforce it. And alas, with too many laws, local chiefs will not order their troops to enforce it unless a court forces THEM to.

I agree this IS a step in the right direction. But unfortunately, to me this also merely smacks of yet another law legislators are eager to pass because it makes them LOOK like they are doing something, even though they know full well when they pass it that there will be no effective enforcement--or else they deliberately put "poison pill" language in the law that makes it well nigh impossible to enforce.

NY, for instance, has a well written "open meetings" law to ensure public and media access to government meetings. But there is no penalty included in the law. So local governements violate it virtually at will. Same for our laws mandating hands-free devices for cell phones in cars and requiring bike helmets for all those under 14 years of age. No enforcement whatsoever that I have been able to discern.

For this new Florida law, I would imagine it would be almost impossible to enforce because there would be no basis for a citation unless the officer actually saw the car come within 3 feet of the cyclist, and even then all the offender would have to do is request a trial and the officer would probably either not show in court or would be totally unable to prove quantitatively the 3 foot distance. It's the same reason that police departments use radar--they need some acknowledged spcific evidence of the speed. How do you do that with this law? Ask both parties to stop so you can run up there with a tape measure?

Yep, it's agood first step, but good luck to Floridians trying to force local police departments to actually protect them by enforcing laws like this . . .

BBD

[RABikes2]

There's been something like 550 cycling deaths in the last 5 years in the state.
Actually, there were nearly 5,000 crashes between motorists and cyclists in
Florida last year and those are just the reported crashes.
Here's an article from our Tallahassee newspaper. These are flipping scary numbers folks.
RA
******
New state law intended to prevent car-bike crashes

TALLAHASSEE, Fla. (AP) - A new state law is intended to prevent
car-bike crashes.
The law -- which takes effect Sunday -- requires motorists to
keep at least three feet of clearance as they pass bicyclists.
Motorists will have to pay a 100-dollar fine if they don't comply
with the law.
According to the Florida Department of Transportation, there
were nearly five-thousand crashes between motorists and cyclists in
Florida last year -- and those are just the reported crashes. It's
estimated that the actual number of car-bike crashes is four times
higher.
The bicycle safety coordinator with the F-D-O-T says the buffer
zone should increase for motorists traveling at higher speeds.
Dennis Scott says drivers on a two-lane road should move into the
oncoming lane, or slow down, as they pass a cyclist.

[BumbleBeeDave]

. . . called "Miles From Nowhere" about a couple who cycled around the world in the early 80's. They had a whole chapter devoted to their persecution as cyclists as they pedalled though Florida on what they thought would be a delightful journey. They wrote it was the place they most feared for their lives. In one particular episode on the Keys highway, a guy in an RV who was p*ssed about being stuck behind them finally got around, stopped at the next island and waited for them, then knocked the man off his bike and slugged him.

I see things have not changed a whole lot in Florida.

BBD

[Joel]

...the guy who buzzed me this morning! :rolleyes:

Joel

[Ginger]

Exactly how is the law worded?

Does it allow cars to remain in the same lane while passing cyclists or are they required to treat a cyclist as another legal vehicle and change lanes to pass?

Just curious.

[BumbleBeeDave]

. . . that if Florida law already treats bicycles as vehicle then cars would already be required to change lanes. Perhaps this might be a good subject for Bob Mionske, the lawyer on VeloNews.

I can't imagine any officer sitting on the street watching cars pass pedestrians or wheelchairs, or following cyclists to see if cars come within the 3 foot zone. I can, however, see use of this law by local prosecutors to "pile on" charges when an incident happens so they will be sure to get the perp for something. Find as many things as possible to charge somebody with so something sticks.

So the perp who creams a cyclist under the wheels of his Hummer can be convicted of violating the 3 foot zone even if he gets out of every other charge . . .

BBD

[Bill Bove]

The cops in florida treat cyclists complaining about cars about the same way a lifeguard at the beach would a swimmer complaining about being splashed by another swimmer. The reaction I see more than any other is "Well what do you expect? You are on THEIR ROADS"

[bocarider]

My wife and I went out for our usual Sunday morning ride. We both noticed cars giving us a much wider berth than usual. Of course, the headline above the fold on the local section was the new 3 foot law.

I don't expect it to last but there seems to have been some effect.

[zap]

snipped

The reaction I see more than any other is "Well what do you expect? You are on THEIR ROADS"

We heard the same from a local cop some years ago after an incident. What was interesting was that this incident occured within sight of a "Share The Road" sign.

Shortly after we got home, we tracked down his station chief and within the hour, the cop in question stopped by our house to apologies. We had a good conversation after that so hopefully cyclists in our 'hood have a least one sympathetic cop.

[J.Greene]

There seems to be a lot of negaitvity re: this new law. As a lifelong FL resident I think it's great. Anything that gives us even a little press about our rights is good. AFAIC I'm better off today than I was Saturday atmo. It's good that our state legislators listened to our bicycle advocasy groups for a change.

JG

[BumbleBeeDave]

I think laws like this are a GREAT idea and a wonderful start to changing the attitudes in this country as gas prices WILL continue to rise and our world WILL continue to change.

I just try to be realistic based on my experience as an admittedly slighly cynical journalist. The enforcement effect will not continue unless the local papers continue to publicize it and the local cops enforce it. A local department setting up a few "safety zone" traps just like they do with rader speed traps and really tightening the screws on drivers for a while would help to establish the efficacy of the law in driver's minds, IMHO.

BBD

[RABikes2]

. . .They wrote it was the place they most feared for their lives. In one particular episode on the Keys highway, a guy in an RV who was p*ssed about being stuck behind them finally got around, stopped at the next island and waited for them, then knocked the man off his bike and slugged him. I see things have not changed a whole lot in Florida.
BBD
Please don't think I am defending Florida drivers because I am NOT, but there were a few key words in the description of their harassment, Dave.
1) "Keys highway" and 2) "RV" and both = equal a vacationer in a hurry and thinking everything and everybody should get the h*ll out of their way so they can get to where they want to be that night. We deal with that a lot in this State. I lived in the Tampa Bay area for many years and you would know when the snowbirds got there for the winter months. Rude vehicle behavior was a normal occurrence from many w/ northern license plates. The majority of attitudes ranged from "I'm in a hurry, get out of our way, we're old, we're retired and live here part-time, we're vacationing and we're lost, respect us, and screw you." As I said, I'm not defending Florida drivers by any means as they are as aggressive as any others, but we also contend w/ many vacationers in our State. I now live in north Florida actually only a few miles from the GA border. It's a little bit better here since I am in the country, but we still deal with aggressive drivers many of who are in their pick-em up trucks and as threatening as crud.
I agree with Bill about the majority of the cops attitudes towards cyclists. One of our part-time employees at the shop is a Sheriff and we have many cops that are cyclists in town. In fact, a retired cop manages one of the other local bikes shops. Unfortunately again, they are not the norm and they would most likely agree w/ Bill's assessment of the majority of cops attitudes towards cyclists.
I sent an e-mail to local bike club members and just received this information. I haven't listened to the audio yet, but wanted to post it.
RA
*******
Here you go Ritaann,
Your can hear a radio piece that aired this AM at:
http://www.fsu.edu/~wfsu_fm/listen/index.htm
-carl
*******
Also received:

316.083 Overtaking and passing a vehicle.--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 another vehicle proceeding in the same direction shall give an appropriate signal as provided for in s. 316.156, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. 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.

(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

[J.Greene]

Local Law enforcement say they have no plans to crackdown on offenders. If they don't see it, they're not going to worry about it. speaking to one area chief I got the impression that his force would be watching CYCLISTS more closely.

I think that one of the reasons we sometimes don't get a fair shake is how we as cyclists treat the motor vehicle laws. I find it hard to be too loud about vehicle behavior when most the cyclist I see run stop signs, red lights etc... I'm sometmes as guilty as the next guy, but when I lead our local group ride we do obey the traffic laws.

JG

[Keith A]

I find it hard to be too loud about vehicle behavior when most the cyclist I see run stop signs, red lights etc... I'm sometmes as guilty as the next guy, but when I lead our local group ride we do obey the traffic laws.Good point. We have all kinds of "cyclists" in my area of Florida and many of those either do not understand the laws pertaining to bicycles in our state or do not abide by them. I frequently see people riding on the wrong side of the road and not obeying the traffic control devices and stop signs.

When I am riding alone (which is most of the time), I make a point to obey every single traffic law -- however, most of the organized group rides in town aren't very good at stopping at stops signs unless it is a busy intersection.

So for most of the drivers out there, they see many (if not most) of the cyclists on the road not obeying the traffic laws. Which, IMO, will result in the drivers being less likely to give heed to this new law pertaining to bicycles.

[ti_boi]

I spent about 5 years in FL. Early nineties...Tampa Bay area....and while the roads are smooth and flat....the area is horrible for both motorists and cyclists. I saw many serious accidents and horrific wrecks. Not a good place based on congestion....my folks are in the Ft lauderdale area -- even worse there with the east coasters that make their pilgrimage down there and drive as if they were on the Brooklyn Queens Expressway. No, the only place that I would think it enjoyable to ride is St. Augustine area....and maybe Jacksonville Beach. Things are a little mellower there, at least for now. I was totally gung ho transplanted Floridian while I was down there, but my thought is that the whole place has become almost uninhabitable...too bad.

[Tailwinds]

No, the only place that I would think it enjoyable to ride is St. Augustine area....and maybe Jacksonville Beach. Things are a little mellower there, at least for now. I was totally gung ho transplanted Floridian while I was down there, but my thought is that the whole place has become almost uninhabitable...too bad.

St. Augustine/St. Johns County is undergoing HUGE development. It's taking over some of the last remaining "country" roads in NE Florida.

I just got back from Jax, and I was impressed -- and surprised -- to see a new bike lane along A1A in Jax Beach. THAT was cool.

I was totally gung-ho the 10 yrs. I lived in FL, too, but after being away -- in Denver of all places -- I think FL is "almost uninhabitable," too, especially for cyclists. You really have to pick and choose where you ride there, unlike here where you can ride almost anywhere you want.

[Avispa]

I was totally gung-ho the 10 yrs. I lived in FL, too, but after being away -- in Denver of all places -- I think FL is "almost uninhabitable," too, especially for cyclists. You really have to pick and choose where you ride there, unlike here where you can ride almost anywhere you want.

I spent about 5 years in FL. Early nineties...Tampa Bay area....and while the roads are smooth and flat....the area is horrible for both motorists and cyclists. I saw many serious accidents and horrific wrecks. Not a good place based on congestion....my folks are in the Ft lauderdale area -- even worse there with the east coasters that make their pilgrimage down there and drive as if they were on the Brooklyn Queens Expressway. No, the only place that I would think it enjoyable to ride is St. Augustine area....and maybe Jacksonville Beach. Things are a little mellower there, at least for now. I was totally gung ho transplanted Floridian while I was down there, but my thought is that the whole place has become almost uninhabitable...too bad.

Yeah with all the blah blah blah about Florida.... The funny thing is that I had/saw/heard of more bike-car confrontations and accidents when I lived in Boulder than I've ever had living in So. Florida. In the end, I have learned it's all about the rider; how you ride and how you behave on the road.

[Elefantino]

I just got back from Jax, and I was impressed -- and surprised -- to see a new bike lane along A1A in Jax Beach. THAT was cool.

And you didn't call?

Next time, bring the bike. There are still good rides, for the time being, and the A Team does 'em every weekend. But when Nocatee (30,000 homes in St. Johns County) goes up, then maybe I'll be moving to Denver.

[J.Greene]

I think FL is "almost uninhabitable," too, especially for cyclists. You really have to pick and choose where you ride there, unlike here where you can ride almost anywhere you want.

I rode from orlando to the gulf of mexico last month. 100 miles of country roads. I know hundreds of miles of really good roads around Gainesville. I don't know what state of FL you referring to.

JG

[Tailwinds]

I rode from orlando to the gulf of mexico last month. 100 miles of country roads. I know hundreds of miles of really good roads around Gainesville. I don't know what state of FL you referring to.

JG

Yes, I have ridden lots of miles in those areas, and I'd rate them as the best places to ride in FL... also Tallahassee has some decent riding. It's all relative, though. I do still bring my bike to FL when I visit -- but I encounter rude motorists on nearly every ride I do there -- and sometimes I ask myself why I didn't stay in CO. Maybe it's that I need to drive to Orlando/Gainesville or Avispa's to get in a more peaceful ride.

In my experience, though, the motorists are generally MUCH more respectful in CO. It's not perfect, but at least it's uncommon here to have a motorist yell/throw things at you -- and it is common for motorists to wait until it's safe to pass and give you a wider berth. Also, the road/trail infrastructure is more conducive to cyclist/pedestrian safety here, and citizens are much more willing to support this w/their tax dollars.

I'm glad you and Avispa are having better experiences in FL than I did.

[ti_boi]

Yeah with all the blah blah blah about Florida.... The funny thing is that I had/saw/heard of more bike-car confrontations and accidents when I lived in Boulder than I've ever had living in So. Florida. In the end, I have learned it's all about the rider; how you ride and how you behave on the road.

Hmmmmmmmmmmmmmm. OK. Let's put it this way. I sincerely love the state of FL....it gave me a graduate education....it's where I met my wife....I basically evolved into an adult there. I consider the time I spent there to be some of the best years of my life.....but please do not forget that the place is very full of very, very old (an often medicated) drivers who routinely blow through stop signs....not mention take out anyone in front of them...and sometimes have no memory of the event.

As far as the central part of the state, yeah....I have been there. The roads, as I recall, are not built with bike lanes (correct me if I am wrong)...and often have very little in the way of a 'shoulder'.....again, not the expert on central FL....in fact not an expert really....

Give me Vermont any day (cept really, really cold ones) for great rides!!!

[Tailwinds]

New law in effect today in FL

Traffic Safety


South Florida Sun-Sentinel Editorial Board

October 1, 2006

ISSUE: Starting today, cars can get no closer than three feet while passing a bicyclist.

Bicycling is more than a sport in Florida. It’s a daily exercise regimen for many enthusiasts, and especially on South Florida’s increasingly congested streets, it’s a fuel-efficient, environmentally friendly way of getting around.That’s why the Sunshine State must go out of its way to make the roads safe for bicyclists.

The state’s newest law, which goes into effect today, goes a long way toward that lofty goal. Motorists now have to maintain a 3-foot safety gap while passing a bicyclist on any road, or face a stiff fine and points on their driver’s license for getting too close.

The measure comes in response to some startling statistics. Florida has one of the highest rates of injury and death from bicycle crashes. In one of 10 accidents, the cyclist is struck from behind, often when motorists are accelerating and giving the rider no time to react.

Such sudden crashes can cause the most serious injuries. Even when the car doesn’t hit the bicyclist, getting that close can force the rider off the road and into poles, swales or other immovable hazards. A big part of the problem: Motorists frequently misjudge the distance between their vehicle and the bike, often sideswiping the cyclist with their side mirror.

Getting perilously close is such an issue that bicyclists have a name for it: Getting buzzed. And for the many who have experienced the whizzing sensation, or the pain and injury of it, it’s no fun.

The new law is a long time in coming, and law enforcement officers should be diligent about both getting the word out and enforcing the measure. But this can’t be the last word on bicycle safety initiatives.

The state has a long way to go to make for more uniform, 5-foot bicycle lanes around Florida wherever adequate right of way exists, especially on State Road A1A running through Palm Beach County. And cyclists, like motorists, have a responsibility to be courteous. That’s why it’s called sharing the road.

BOTTOM LINE: This law is long overdue.
Copyright © 2006, South Florida Sun-Sentinel

This entry was posted on Monday, October 2nd, 2006 at 8:11 am and is filed under Travel Girl Race Reports. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

[Avispa]

Hmmmmmmmmmmmmmm. OK. Let's put it this way. I sincerely love the state of FL....it gave me a graduate education....it's where I met my wife....I basically evolved into an adult there. I consider the time I spent there to be some of the best years of my life.....but please do not forget that the place is very full of very, very old (an often medicated) drivers who routinely blow through stop signs....not mention take out anyone in front of them...and sometimes have no memory of the event.

As far as the central part of the state, yeah....I have been there. The roads, as I recall, are not built with bike lanes (correct me if I am wrong)...and often have very little in the way of a 'shoulder'.....again, not the expert on central FL....in fact not an expert really....

Give me Vermont any day (cept really, really cold ones) for great rides!!!

By saying what I wrote earlier, by no mean I meant that I love the State of Florida, especially when it comes to riding. Trust me, if given the opportunity, I would pack my bags and say bye bye to the Sunshine State.

So, to clarify, all I am saying is that one should learn to make the best of what they have an be realistic... For a couple of years I kept putting off cycling here, because riding in Colorado was better than in So. Florida. There is no question about this... But, I'll take riding in So. Florida anytime over riding in Denver in the middle of the Winter. Furthemore, the job situation in my field is terrible in Colorado.... Needless to say, what about in Vermont?

At this point in my life, I am willing to put up with less than "ideal" riding for a better paying job and a great lifestyle... The days of living like a poor student are over!

It is really too bad that most large American cities are a disgrace for cycling... I remember it was so easy to get around on a bike on most cities in Europe. More respect for the cyclist, etc.

Anyway, more power to those that have found a good way to live, which ever that may be, and ride in the land of Oz

Cheers! ;)