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View Full Version : Do bicycles require lights when on sidewalks?



04-07-2007, 02:07 PM
I'm a cop, but have never worked as a traffic officer, so this question is directed to our state traffic enforcement experts: FHP!

At night, bicycles require lights (head & rear) if they want to ride in the street. However, a couple of years ago the law changed and it now allows bicyclists to ride on the sidewalk, as long as they yield right-of-way to pedestrians. The law was changed to allow bicyclists to ride on sidewalks because, well, let's face it: You'd be crazy to ride your bicycle on some streets because it's too dangerous!!!

All of this leads up to my question: When a bicyclist is riding on the sidewalk, is he required to have a front headlight on his bicycle? The reason I'm asking is because:
1) he's not in the street
2) but sidewalks are usually on city, county or state property.

Does anyone know the legal answer? Or is it possible that there isn't a legal answer (yet) unless case law is made on this issue?

Any opinions are appreciated. Thanks in advance.

04-07-2007, 03:10 PM
Very good question. To be honest with you, I'm not totally sure of the answer, but I would lean more towards saying that they still have to have the light on. The sidewalk is on the right of way, and subsection 8 says EVERY bicycle shall be equipped blah blah blah. The statute that permits them to use the sidewalk says they have the RIGHTS of a pedestrian, but doesn't say they ARE pedestrians when they are on the sidewalk or crosswalk.

I enjoy stopping bicyclists during the evening. It's a great way to find warrants and small amounts of dope. I have seen a few of the Florida Case Law Updates where officers have stopped bicyclists for being "supicious" and found drugs. A few of the cases got thrown out because the officers couldn't articulate what was suspicious about the bike. All they had to do to win their case was use one of the many bicycle statutes to make the stop (no headlight, riding the wrong way on the street, etc). Then they would have won there case in a heart beat.

Anyway, good question. That's what these forums SHOULD be used for.


(8) Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp and reflector on the rear each exhibiting a red light visible from a distance of 600 feet to the rear. A bicycle or its rider may be equipped with lights or reflectors in addition to those required by this section.

04-07-2007, 04:52 PM
I once stopped a guy on his bike because he didnt have both hands on the handle bars ( pc for the stop ). And what do you know, he had a rock in his pocket. He got the citation for not using his hands while riding the bike and the crack charge to boot.

The answer to the question about the lights at night is YES.

04-09-2007, 10:07 PM
I'm a cop, but have never worked as a traffic officer, so this question is directed to our state traffic enforcement experts: FHP!

At night, bicycles require lights (head & rear) if they want to ride in the street. However, a couple of years ago the law changed and it now allows bicyclists to ride on the sidewalk, as long as they yield right-of-way to pedestrians. The law was changed to allow bicyclists to ride on sidewalks because, well, let's face it: You'd be crazy to ride your bicycle on some streets because it's too dangerous!!!

All of this leads up to my question: When a bicyclist is riding on the sidewalk, is he required to have a front headlight on his bicycle? The reason I'm asking is because:
1) he's not in the street
2) but sidewalks are usually on city, county or state property.

Does anyone know the legal answer? Or is it possible that there isn't a legal answer (yet) unless case law is made on this issue?

Any opinions are appreciated. Thanks in advance.


TO answer your question,,YES a sidewalk is also in the county right of way therefore enforcement of lights are required on the bicycle.

08-13-2010, 01:34 AM
I agree.

08-13-2010, 02:46 AM
Here's your answer:

316.2065 Bicycle Regulations

(8) Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp and reflector on the rear each exhibiting a red light visible from a distance of 600 feet to the rear. A bicycle or its rider may be equipped with lights or reflectors in addition to those required by this section.

08-13-2010, 12:45 PM
The bicycle technically should not be on the sidewalk as they are to obey all traffic laws as if they were a motor vehicle, hence, no riding on the sidewalk.

08-13-2010, 09:35 PM
The bicycle technically should not be on the sidewalk as they are to obey all traffic laws as if they were a motor vehicle, hence, no riding on the sidewalk.

You need to read 316.2065(10), which definately allows for a bicycle on the sidewalk. To answer the original question, NO, if the bicycle is ridden on a sidewalk than it does NOT need a light. The courts have consistently thrown out convictions based upon using that as PC to stop. I had a drug charge dropped for this. The reason is subsection 10 states that the "rights and duties applicable to a pedestrian." The courts have opined this to mean that they do NOT have to a have a light on the sidewalk since a pedestrian does not.

(10) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.

08-14-2010, 08:29 PM
If a bicyclist runs a red light or a stop sign, can you cite under FSS for running the stop sign or red light or is there a special statute as it related to bicycle?