3 ms·

The law[1] you're referring to says the following: >> (5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reaso

by u801e 4y ago

The law[1] you're referring to says the following: >> (5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. So this restriction only applies to motor vehicles. Safe operation would involve yielding to slower traffic in front of you, so you would not be ticketed if traffic in front of you is also moving slowly. Compliance with the law would include yielding to oncoming traffic while waiting to make a left, or stopped while waiting for the light to change, so you wouldn't be cited for this either in those cases. [1] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.183.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Displ...

rsj_hn 4y ago
> So this restriction only applies to motor vehicles. No, the requirement does not apply to only to motor vehicles, because we have another law: s. 316.2065: Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle Therefore the law applies to bicyclists as well. Too many think they have a right to the road, but not the same duties.
- u801e 4y ago
  > Therefore the law applies to bicyclists as well You left out the second part of the law you cited: >> (1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter, *except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application.* A statute that applies to motor vehicles, by its nature, cannot apply to a pedalcyclist. Also, the definition of the term "motor vehicle"[1] in the same chapter reads as follows: >> (46) MOTOR VEHICLE.—Except when used in s. 316.1001, a self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, electric bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery device, swamp buggy, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as provided in s. 320.01(1)(a). That definition specifically excludes bicycles. [1] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.003.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Displ...
lsaferite 4y ago
Just to clarify, I was directly rebutting _your_ statement: > Unless the road has a minimum speed limit posted, there's no requirement to drive at or near the speed limit. The rules of the road were designed to accommodate drivers moving at different speeds. Sure, I'm making an assumption here, but I'd say it was a reasonable assumption that "driving", in this case, was referring to operation of a motor vehicle. With that baseline assumption clarified, what I mentioned was 100% correct. You said "Unless the road has a minimum speed limit posted, there's no requirement to drive at or near the speed limit." and I refuted that statement. Driving 20mph under the speed limit is most definitely impeding 'normal' traffic flow.
- u801e 4y ago
  > it was a reasonable assumption that "driving", in this case, was referring to operation of a motor vehicle. Florida law[1] defines a vehicle as follows: >> (106) VEHICLE.—Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks. You can certainly drive vehicles without a motor equipped (animal driven vehicles, bicycle, etc) > You said "Unless the road has a minimum speed limit posted, there's no requirement to drive at or near the speed limit." and I refuted that statement. Driving 20mph under the speed limit is most definitely impeding 'normal' traffic flow. If there are multiple lanes of traffic, it's easy enough to change lanes to pass a slower vehicle, so driving under the posted speed limit isn't necessarily a violation of that law. Also the law[2] does allow for vehicles moving at less than the normal speed of traffic to use the roadways as long as they use the right most lane or keep as far right as practicable. It also depends on whether one has to comply with the law or operate at a reduced speed for safe operation. So, for instance, in inclement weather conditions, you have to drive slower. The same applies if the vehicle has a compact spare tire mounted that doesn't allow operation at normal speeds. In the case of a bicycle, it's not reasonable to expect that one can go faster than a cyclist is capable of going, like one can't expect a truck to sustain speeds over 100 mph. There's actually a court ruling[3] from Ohio that goes into more detail about this particular line of reasoning (where their slow vehicle law applies to all vehicles, not just motor vehicles). [1] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.003.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Displ... [2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.081.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Displ... [3] https://www.ohiobikelawyer.com/bike-law-101/2010/09/the-selz-case-revisited/ https://www.ohiobikelawyer.com/bike-law-101/2010/09/the-selz...

by u801e 4y ago

rsj_hn 4y ago

> So this restriction only applies to motor vehicles. No, the requirement does not apply to only to motor vehicles, because we have another law: s. 316.2065: Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle Therefore the law applies to bicyclists as well. Too many think they have a right to the road, but not the same duties.

u801e 4y ago
> Therefore the law applies to bicyclists as well You left out the second part of the law you cited: >> (1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter, *except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application.* A statute that applies to motor vehicles, by its nature, cannot apply to a pedalcyclist. Also, the definition of the term "motor vehicle"[1] in the same chapter reads as follows: >> (46) MOTOR VEHICLE.—Except when used in s. 316.1001, a self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, electric bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery device, swamp buggy, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as provided in s. 320.01(1)(a). That definition specifically excludes bicycles. [1] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.003.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Displ...

lsaferite 4y ago

Just to clarify, I was directly rebutting _your_ statement: > Unless the road has a minimum speed limit posted, there's no requirement to drive at or near the speed limit. The rules of the road were designed to accommodate drivers moving at different speeds. Sure, I'm making an assumption here, but I'd say it was a reasonable assumption that "driving", in this case, was referring to operation of a motor vehicle. With that baseline assumption clarified, what I mentioned was 100% correct. You said "Unless the road has a minimum speed limit posted, there's no requirement to drive at or near the speed limit." and I refuted that statement. Driving 20mph under the speed limit is most definitely impeding 'normal' traffic flow.

u801e 4y ago
> it was a reasonable assumption that "driving", in this case, was referring to operation of a motor vehicle. Florida law[1] defines a vehicle as follows: >> (106) VEHICLE.—Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks. You can certainly drive vehicles without a motor equipped (animal driven vehicles, bicycle, etc) > You said "Unless the road has a minimum speed limit posted, there's no requirement to drive at or near the speed limit." and I refuted that statement. Driving 20mph under the speed limit is most definitely impeding 'normal' traffic flow. If there are multiple lanes of traffic, it's easy enough to change lanes to pass a slower vehicle, so driving under the posted speed limit isn't necessarily a violation of that law. Also the law[2] does allow for vehicles moving at less than the normal speed of traffic to use the roadways as long as they use the right most lane or keep as far right as practicable. It also depends on whether one has to comply with the law or operate at a reduced speed for safe operation. So, for instance, in inclement weather conditions, you have to drive slower. The same applies if the vehicle has a compact spare tire mounted that doesn't allow operation at normal speeds. In the case of a bicycle, it's not reasonable to expect that one can go faster than a cyclist is capable of going, like one can't expect a truck to sustain speeds over 100 mph. There's actually a court ruling[3] from Ohio that goes into more detail about this particular line of reasoning (where their slow vehicle law applies to all vehicles, not just motor vehicles). [1] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.003.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Displ... [2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.081.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Displ... [3] https://www.ohiobikelawyer.com/bike-law-101/2010/09/the-selz-case-revisited/ https://www.ohiobikelawyer.com/bike-law-101/2010/09/the-selz...