The sidewalk system connecting the parks to the resorts was designed as a meandering pedestrian facility offering a peaceful view of the waterways for joggers, pedestrians and in some areas pedestrians walking dogs. While the underlying ownership is private the public is invited and encouraged to use these pathways. At some point a decision was made by Universal to add or share the use of these pathways with commercial human powered pedicabs.
Shared use pathways are a roadway system for the exclusive use of bikes and pedestrians much in the same way that freeways are intended for the exclusive use by cars. There are similarities between the design requirements for shared use paths and highways (e.g. in determining horizontal alignment, sight distance requirements, signing and markings). Sidewalks are typically designed for pedestrian speeds and maneuverabilities. They are not safe for higher speed bicycle use. Conflicts are common between pedestrians and bicyclists. Pedestrians entering the pathway from boat docks and intersecting sidewalks may surprise the bicyclist. Pedestrians and joggers can, and often do, change direction and speed almost instantaneously, leaving the bicyclist insufficient time to react to avoid collisions. Pedestrians often have difficultly predicting the direction an oncoming bicycle will take. Often guests are from countries where riding on the right is foreign to them.
Is it best to mix the uses or keep them separate? The question is best answered in terms of volume and user type. At low volumes of each group the mixed path is observed to work. As volumes increase there is a need to provide separate facilities or limit a use. Increased volume also requires lower operating speeds. The most universal answer to the question is to provide a simple "wheels 'n heels" design which separates the bicyclists from the pedestrian by marked designated areas. ADA accessible paths must be designed as such.
The Manual of Uniform Minimum Standards for Florida says that a shared use path has to be 12' wide. It can be 10' if certain criteria are met, such as only occasional pedestrian use, bike use minimal even on peak days and peak hours, good horizontal and vertical clearance and no maintenance vehicles breaking the edges. The pathway to Portofino Bay is 10' wide with a longitudinal seam one foot in from each edge. This is where the pedicab operator and the security guard acted as if they were boy lawyers. Regardless whether the sidewalk is public or private the Court would ask, "What is the industry standard.?"
Most traffic laws are based on simple manners and the driver I rode with lacked manners. He passed two guys walking abreast within about 3 inches without an audible warning as Florida law reads. When told that I had heard complaints and that he violated State law he came up with the defensive private property bull and even tried to say it wasn't a sidewalk. There were simply too many people on the sidewalk this holiday week to operate the pedicab service safely. The faster they go the more customers they get and supposedly the more money (a quarter at a time) so this creates another safety concern. My driver met 2 pedicabs and one oncoming driver stopped at a sharp corner at the bottom of a slight incline at the bridge closest to PBH. My driver was all put out that he had to to stand up and pump to get up the hill but if he had taken this curve at the speed required to get up the hill it would have been a thrill ride that lacked the engineering safety measures.
The Florida Bicyle Association is meeting in Orlando the end of August and I intend to go and question Orlando's Bike/Ped Coordinator about the pedicab service. At the very least the pedicab drivers should attend Orlando's bike safety training:
http://www.bikeorlando.org/
Here's Florida Law:
Sidewalk riding
(Section 316.2065(10) and (11), F.S.)
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.
Comment: Sidewalks are not designed for bicycle speeds, but a bicycle propelled by human power may be used except where prohibited by local ordinance (e.g. in the central business districts of many cities). No bicycle may be propelled by other than human power on a sidewalk. Although a cyclist riding on a sidewalk has the rights and duties of a pedestrian, he is still a "bicycle rider" and his bicycle is still a "bicycle". Consequently, laws that pertain to required equipment and to carriage of passengers (see above) are still applicable.
Since a cyclist riding on a sidewalk does not have the duties (or rights) of a driver, he may ride in either direction. (However, it is safer to ride in the direction of traffic, since drivers do not expect cyclists to come from the other direction at driveways and crosswalks. Crash risk is 3 to 4 times as great for sidewalk riders who ride facing roadway traffic as for sidewalk riders who ride in the direction of traffic.)
A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
