The only viable solution is to eliminate 316.2065(5) and make bicyclist legally equal to the drivers of other slow vehicles AND give them the same protection as drivers of other narrow vehicles.
[h=3]Slow Vehicles[/h] When traveling slower than other traffic on a two-way street, bicyclists use the right thru lane, unless preparing for a left turn or passing a slower vehicle or obstacle. When traveling slower than other traffic on a one-way street, bicyclists use the outside thru lanes, unless moving to the other side of the road or passing a slower vehicle or obstacle. Bicycle lanes are defined as
preferential use lanes and they should be optional, as they are for other user types (HOV and Transit). There are many dynamic reasons for a bicyclist to avoid an edge bike lane, bicyclists should not be required to defend their reasons for doing so.
[h=3]Narrow Vehicles[/h] Bicyclists must be explicitly guaranteed the right to a full lane, as are motorcyclists. Narrow vehicle drivers have special considerations with regard to visibility, vantage and management of their lane space. Bicyclists have the same needs as motorcycle and scooter drivers, but our vehicles are less robust and we are passed at higher speed differentials. There is no legitimate reason for us not to have the same protection.
[h=3]Stop-gap Protection[/h] In the meantime (and probably for some time after laws are made equitable), bicyclists need a safety net to neutralize the impact of uninformed law enforcement officers. We need a system by which a bicyclist can be guaranteed consideration of a pre-trial motion to dismiss a ticket. This will prevent clear-cut cases from taking court time and resources, as well as the bicyclist’s. Filing a motion is still an imposition, but less so that having to take a day off from work to go to court. Advocacy organizations can make the process easier by providing forms and instructions.
Dismissals need to be accompanied by a notification to the citing officer that he or she was wrong about the law. There needs to be some educational feedback.
It is time to stop nibbling around the edges of this problem. It is time to stop trying to tweak the exceptions to a discriminatory law. It is time to stop trying to explain how the exceptions override the law itself. I have seen too many people have to go to court when they did nothing wrong. I’ve seen conscientious bicycle drivers forced to spend time and money defending themselves for defensive driving. I’ve even seen some lose despite the fact they were operating 100% legally in one of the ways clearly defined by subsection 3.
This law must go. It’s time to kill it.