Originally Posted by
tadawdy
So, in Florida, is a bike supposed to be on the shoulder if possible (a car cannot drive there, I would bet)? Or are you actually supposed to be in the lane? If you're supposed to be in the lane (FRAP), then the cyclist is clearly (legally) at fault here.
Generally, cyclists are not required to use the shoulder but they are allowed to (again, this is
generally; there are some variations). The cyclist has to operate the same way whether in the shoulder or the roadway. (No state prohibits cyclists from using the shoulder.)
Other vehicles are not allowed to travel in the shoulder. Some states allow vehicles to use the shoulder to pass (go around) left-turning vehicles (but that isn't common).
Originally Posted by
tadawdy
I wouldn't pass a line of traffic in this manner, but if the law says you can: you can.
This situation is a known risk. Even without a legal penalty, there is a probable
practical penalty (potentially much worse than a ticket).
Originally Posted by
tadawdy
There are usually BS weasel words written into the laws ("only if conditions allow" etc) that makes law enforcement way more subjective than it ought to be; it ought to be almost wholly objective, IMO.
The law can't be "almost wholly objective" because one can't anticipate every possible situation.