Talk of The Villages Florida - View Single Post - Bicycles on Golf cart path almost getting hit
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Old 02-18-2022, 12:16 PM
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Quote:
Originally Posted by Bilyclub View Post
No, but I investigated accidents and wrote tickets. You can come up with all the scenarios you want, but the onus is on the merging vehicle. Chapter 316-085(2).
Fine, then we are right back to the waiting for a car 2 miles back scenario. There has to be a distance at which a cart can merge even when a car is somewhere in the vicinity. The standard might be "safely", but that is open to interpretation.
If I cite the statute you referred to, 316.085(2)---
"(2) No vehicle shall be driven from a direct course in any lane on any highway until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction."
That seems open to interpretation as well. It would seem from that wording that a cart is entitled to merge safely ahead of a vehicle in the through lane as long as they don't "cut him off" or perform an otherwise unsafe merge. I'm not disputing your expertise or experience as a traffic investigator, my point was only directed at those who felt that a car ALWAYS has the right of way. A car cutting across the cart lane to make a right turn is a perfect example of the cart having the right of way (or better stated, a car required to yield the right of way)