Bicycle Regulation Lawyers

As far as the law is concerned, a bicycle is a vehicle that must obey all traffic laws. This includes observing speed limits, obeying traffic signals and signs, and yielding to pedestrians where the law requires it. It also means stopping at stop signs. In certain locations, special speed limits may apply to bicycles, and bicycle riders should obey those limits.

It is also possible to be charged with driving under the influence (DUI) or driving while intoxicated (DWI). This would happen if a person were to ride while under the influence of alcohol or drugs, whether illegal controlled substances, prescription medications, or over-the-counter medications, that have impaired a person’s ability to ride their bicycle safely.

A violation of any traffic laws may result in a traffic citation. Or depending on the law, a person might be charged with a criminal offense, either a misdemeanor or a felony, depending on the law that a rider violates and whether an offense is a first or subsequent offense. Usually, if a person violates a law for a second or subsequent time, the charge may be more serious and the punishment harsher.

What Are Some Typical Bicycle Regulations?

Several laws deal specifically with bicycles. Most regulations deal with safe riding and required equipment. Some examples of these regulations include the following:

• The requirement of a fixed seat;
• The requirement of a proper child seat for children carried on bikes;
• Helmet requirements for children;
• A bicycle may not carry more than one person or the number of people for which the bike was designed;
• Light requirements for night riding;
• Proper roadway positions (e.g., right-hand side of the road toward the curb);
• Turn signal requirements;
• Prohibition of bicycles on freeways;
• Prohibition of riding with no helmet.

For example, Florida has a range of laws regarding bicycle riding that are similar to laws in many states as follows:

• Helmets: Florida requires any person under the age of 16 riding a bicycle, whether they are the person in control of it or a passenger, to wear a protective bicycle helmet. In California, the helmet requirement applies to anyone under 18. If a person does not wear a helmet or if a parent does not prevent a child from riding a bicycle without a helmet, this may not be taken as evidence of negligence or contributory negligence in the event of an accident;
• Riding at a Speed Less Than the Speed of Traffic: Florida requires that a bicyclist traveling slower than the speed of traffic ride as close as possible to the right-hand edge of the roadway except under the following circumstances:
  • When passing another bicycle or vehicle going in the same direction;
  • When preparing for a left turn at an intersection or into a private road or driveway;
  • When reasonably necessary to avoid any unsafe condition or potential conflict, including one caused by a lane that is too narrow for a bicycle and another vehicle to travel side by side safely within the lane; or
  • When a bicycle lane is available;
• Riding on Sidewalks: Florida allows bicycles to operate on sidewalks subject to the following rules:
  • A person propelling a vehicle by human power on a sidewalk or across a roadway on a crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances;
  • A person propelling a bicycle on a sidewalk or across a roadway on a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian;
• Mandatory Use of Separated Facilities: Florida requires that any person riding a bicycle on the road at less than the normal speed of traffic at the time and place and under the conditions at the time must ride in the lane marked for bicycle use if there is such a lane;
• Bicycling Under the Influence: In Florida, bicycles are defined as vehicles. Thus the state’s law that prohibits driving under the influence of alcohol or other controlled substances applies to all vehicles, including bicycles. A bicyclist should not operate a bicycle while intoxicated.
  • A person who operates a bicycle while under the influence of alcohol or other controlled substances may be charged with DUI, and if convicted, can be punished as severely as the driver of a motor vehicle who is convicted of DUI;
• Traffic Lights: Florida requires a bicyclist to come to a complete stop when a traffic control device indicates that a stop is required, e.g., a red light appears. Florida law does not permit bicyclists to disobey traffic lights that fail to detect bicyclists;
• Treatment as a Vehicle: Bicycles are vehicles per the Florida statute that defines vehicles, and a person riding a bicycle has all of the rights and responsibilities of the driver of a vehicle, except for any provisions which by their nature cannot apply to bicycles.

What Is the Punishment for a DUI in Florida?

It is important for bicycle riders in Florida to note that the penalties for a DUI conviction in Florida are reportedly some of the harshest in the U.S. For one thing, the record of convictions for DUI cannot be expunged or sealed in Florida.

Punishment can include large fines, possible jail time, and community service. It is possible that a person’s auto insurance premiums would go up even though they were riding a bicycle at the time of the offense.

The legal limit for blood alcohol content in Florida is .08, which is common in the U.S. The punishment is more severe if a person’s BAC is .15.or above. If a person causes property damage or bodily injury in an accident while driving under the influence, whether a person has prior DUI convictions, and how much time has passed since the person’s prior DUI.

The punishment for a first DUI conviction for a bicyclist is as follows:

• For a BAC under .15, a fine of from $500 to $1,000;
• For a BAC of .15 or higher, a fine of from $1,000 to $2,000 if BAC;
• If the person convicted is a driver, the punishment includes driver’s license revocation for at least 180 days and up to one year. It is unclear if the person’s driver’s license would be revoked if they were operating a bicycle while intoxicated or impaired.
• If the bicyclist caused any injuries, the minimum driver’s license revocation period goes up to three years;
• A driver’s car can be impounded for ten days. Again, it is not clear if a bicyclist bicycle or car would be impounded;
• Again, a driver can have to use an ignition Interlock device for at least six months if their BAC is .15 or greater; and
• Jail for up to 6 months for a BAC under .15;
• The jail term increases to 9 months for a BAC of .15 or greater.

A first DUI conviction in Florida is a misdemeanor.

How Can a Lawyer Help Me with My Bicycle Regulation Problem?

Bicycle riders can be cited for traffic violations, possible misdemeanors, and even felony criminal offenses. If you have been charged with a traffic violation, a misdemeanor, or a felony for riding a bicycle, you want to consult a criminal defense attorney for help.

All states have civil penalties for traffic violations or moving violations by bicyclists. Such penalties can be very costly and may affect your car insurance rates. An experienced criminal defense attorney can advise you of your legal rights and identify defenses that may be available.