Bikelaws.org is your starting point for learning about bicycle laws.

Laws are designed to help us co-exist as a society. They help define where one person’s rights begin and where the others end.

While our site is not exhaustive, we do try to provide a basis that you can use to act as a courteous rider and to highlight some of the laws that we feel tend to disenfranchise cyclists.

 

Hall R. Horner

3457 Chicago Avenue Exeter,

CA 93221

559-592-5089

Reforming Bicycle Traffic Laws

Founders: Fred Oswald, Chuck Smith, Riley Geary, John Schubert, Paul Schimek, Sarah Etter, Steve Gottlieb, Kirby Beck, Preston Tyree, Ray Thomas, Alan Wachtel, Steve Magas


Supporters:

We want to give special recognition to local groups like Bicycle Portland and Bike Pennsylvania who help increase the harmony between cyclists and drivers and perform an immeasurable service in creating a robust cycling community. Also thanks to our blogging friends like Dave who helps new riders choose where to buy equipment online such as the best budget mountain bikes http://www.davescheapbikes.com/cheap-mountain-bikes/ without getting ripped off.

Many communities focus on creating a healthy urban community for cycling. Tax dollars are set aside for paved bike trails and classes on bike and helmet safety.

What is often overlooked is the development of off-road places for mountain bikers to ride. It has been proven by communities across America that a robust mountain biking course is all that is needed to attract riders from around the world. Mountain bike tourism is a top-notch way to attract new riders and spur economic development.

Mountain bikes are also cheaper than road bikes, making them more accessible for a wider range of cyclists.

We’re excited to join together with communities like TrailSpring.org to help promote the right to ride on top-quality mountain bike trails in an environmentally conscious and sustainable fashion.


How to Help

Yes, you can fight city hall** and your state legislature. Here’s our story. Maybe it will inspire others to raise their voice and provide a blueprint for how you can make sure the cycling community is not being disenfranchised.

“I don’t want to see Brook Park get an F in anything.” – Councilman Danny Colonna of Brook Park, Ohio, commenting on why his city voted to improve its bicycling ordinances in response to a failing grade from a local bike law reform project.

** Actually we didn’t “fight” city hall in Brook Park. We published a critical review of the bicycle ordinances to get their attention, then we worked with city government to make the laws better. When the problems were fixed, the Ohio Bicycle Federation presented a “Good Cycling Laws” award to the city. Everyone won this “fight”.

— Fred Oswald, leader of a law reform project in NE Ohio.

 

And you’ll improve conditions for cycling.

Better traffic laws make cycling safer and more enjoyable.

What’s Wrong With Bicycle Traffic Laws?

Traffic laws are supposed to promote your safety if you obey them, and protect your rights if someone else causes a collision. The core principles of traffic law do this very well for both motorists and cyclists, but there are many add-ons in bicycle traffic law that degrade both our safety and our rights.

 

There is no federal traffic law. Traffic law is a state function, and the troublesome add-ons are state (and local) laws.

 

This is not a problem for motor vehicle operators. Motor vehicle traffic laws are generally uniform throughout the 50 states. A motorist traveling from state to state need not learn a new set of laws with each border crossing. Also, local authorities have only limited powers to enact special ordinances and notice must be given via signs. The standard traffic laws promote safe practices.

 

Cyclists do not enjoy this uniformity or benevolence of bicycle operation laws. State laws differ widely and local laws are often loose cannons aimed at our rights. Well-meaning but misguided lawmakers treat cyclists like children. Moreover, many troublesome laws betray a lack of knowledge of the actual causes of bicycle crashes.

 

Many state and local laws trample cyclists’ rights. We are treated as incompetent children and third-class citizens. Some laws forbid cycling on roadways, but instead direct us to use more dangerous facilities such as sidewalks and pathways beside the road. Other directives confine us to the edge of the road, even where the road edge may not be safe. In many states, local ordinances form a crazy-quilt of dangerous and discriminatory rules that vary from community to community and that conflict with the known best practices of bicycling safety.

The safest way to operate a bicycle is as the lawful driver of a vehicle. This means riding on the roadway while following the same traffic rules as other drivers. Cyclists who operate this way have one-fifth the accident rate of the average bicycle operator. Paradoxically, the best and safest practices are sometimes prohibited while dangerous mistakes of novices are encouraged.

 

Why are traffic laws important to cyclists?

The safety and mobility of cyclists depends on equitable traffic law. Traffic laws influence:

  • How cyclists are taught to ride
  • How the police treat cyclists
  • What the motoring public expects from cyclists
  • The safety record of cyclists
  • What happens in court or with the insurance adjustor if a cyclist is involved in an collision
  • What’s Being Done to FIX the Problem?

Starting in 2002, a small committee has been working on improvements to bicycle traffic laws. Below is a capsule of what we’ve been doing:

 

(A) First we studied the current UVC (Uniform Vehicle Code) to identify deficiencies from the standpoint of safe, efficient and equitable use of roadways for cycling. We developed “Model Laws” starting with portions of the UVC. (We “incorporate by reference” the portions we find good.) This model is the standard against which laws of the various states, and the existing UVC are rated. We consider any rules that impact cyclists, not just those specific for cycling. For example, the “slow vehicle rule”, §11-301(b) in addition to the bicycle “far right rule”, §11-1205(a). See our proposed Model Laws, which explains how these two rules affect cyclists.

 

(B) In developing ratings, we briefly describe problems and determine how serious they are. A really dangerous law, such as mandated riding on the left (wrong-way), or that requires riding on sidewalks, is treated much more seriously than “nuisance” requirements for ineffective safety equipment such as a bell or front reflector.

 

To calculate a score, we start with 100 points and then deduct for the defects. We may add a few points for any good features not in the model. For example, Pennsylvania, Ohio, Florida, Arizona and Idaho have a good “bicycle drivers’ manual”, based on the booklet Bicycling Street Smarts by John Allen. A good drivers manual, besides being a great teaching tool, defines proper cycling practices. This helps police and the courts to interpret the law so that it enhances safety. Police training is an essential element.

 

After we total up the score, we assign a letter grade (on an A-F scale). More information about this process can be found in Criteria for Rating Bicycle Traffic Laws. Most states that we have examined are worse than the UVC; many rate lower than “C” and several fail. (We would not bother to do a project like this if there were not serious problems.)

 

The UVC gets a grade of B-minus.

 

(C) Paul Schimek’s article “A Guide to Improving U.S. Traffic Laws Pertaining to Bicycling” gives more information about the philosophy behind traffic laws, especially from a knowledgeable cyclist’s perspective.

 

(D) We have started rating state laws against our standard, beginning with some of the states near where committee members live or from where others have sent us data. You can see preliminary ratings (in pdf files) for states shown below. Note, this is a work in progress. Thus, as we work on various parts of the project, you may find inconsistencies between these ratings.

Preliminary Bicycle Traffic Law Summaries & Ratings

Note: occasionally revise some of the criteria, thus some ratings change. We have incomplete information for many of the states. We need help to go further. (See below.)

Ohio passed major reforms that became effective 21 Sep 2006.

  • Uniform Vehicle Code, B-, revised 8/06
  • California, D, revised 9/07
  • Idaho, D+, revised 9/07 (incomplete rating)
  • Illinois, F+, revised 9/07 (incomplete, rating)
  • Indiana, D, revised 9/07
  • Michigan, F-, revised 11/06
  • Missouri C+, revised 9/07 (incomplete, rating)
  • Nevada, B-, revised 9/07
  • New York, F, revised 9/07 (some missing info.)
  • N Carolina, B, revised 9/07
  • Ohio, B, revised 9/07 (includes reforms effective 9/21/06)
  • Oregon, D, revised 9/07 (some missing info.)
  • Pennsylvania, D+, revised 9/07 (some missing info.)
  • S Carolina, F-, revised 11/06
  • Texas, D-, revised 9/07

(E) As we work on other states, we seek input from the larger cycling community to include any concepts that did not occur to our small group. If you wish to help, see below.

 

(F) Once we get several states rated we can begin to write articles publicizing the work and pointing out where and why improvement is needed. We expect this project will be tremendously useful to state cycling organizations trying to improve their state laws or to stop a proposed bad law.

 

Ultimately, it is up to state organizations to get problems fixed. This article is intended to be a reference.

 

(G) We hope to finish the project to encompass all 50 states.

 

(H) Over time, revise the ratings as (hopefully) laws are improved. The ratings and supporting documents will be extremely useful whenever bad laws are introduced in some state legislature. For example, an attempt to mandate wrong-way riding in Montana (2001) or an exorbitant bicycle license fee proposed for Vermont in 2003.

 

The committee is well along with tasks A, B and C above. We have at least preliminary ratings for a few states (D above).

 

Most of the UVC rules that we used in this effort came from “PedBikeLaws” a database downloaded from the NHTSA Web Site. We copied these to a file of excerpts from the UVC. We also added a few rules from printed copies of the UVC that were missing from PedBikeLaws.

How Cyclists Can Help

If you have read Parkinson’s Laws, you know that the committee must be small to be efficient. But we need working task groups and individuals to get information from around the country.

We solicit input from the broad cycling community. As we evaluate each state, we hope to have a state resident to help rate the laws.

If you want to help, get an up-to-date copy of your state’s laws. You can find information on state traffic laws on the bicycledriving.org website. Read the examples in the links above to see how we work this project.

Copy your state’s laws to a working file and then copy laws of interest to a “template” file (rich text format) for the rating.

We need to look at ALL traffic laws, not just the bike ones. In many states, specific (and often bad) rules can be found in a “bicycle section”. But we must also search for the word “bicycle” in the entire traffic code to check for other rules.

For example, the Ohio Revised Code includes two places (outside the bike section) where local authorities are given powers for “regulating the operation of bicycles.” These were serious defects (until the recent reforms). See §4511.07 “Local traffic regulations” and §4511.711 “Driving upon sidewalk area.” The reforms allow local regulations only so long as they are not “fundamentally inconsistent with the uniform rules of the road” and “no such regulation shall prohibit the use of bicycles on any public street or highway.”

Review your state vehicle code for regulations that should apply only to motor vehicle operators and thus not to cyclists, and see whether your state’s laws are written properly, so as to exclude cyclists from those laws. These regulations include “following too closely”, racing prohibitions, and any requirement for continuous turn signals among many others.

Related Projects to Improve Cycling Laws

  • There is a Cycling State of the Union map for 2012 that presents a simple 3-category rating system by Ian Brett Cooper. As of early 2012, the rating has 22 red (bad) states, 26 amber (poor) and only 2 green (good) states. (A small copy of the map appears at right. Follow the link for details.)
  • Most of the package of Ohio Traffic Law Reforms. proposed by the Ohio Bicycle Federation were enacted into law (effective 9/21/06). The changes raised Ohio’s grade from “D” to “B”. The OBF has a new package of reforms.
  • Author Oswald has undertaken a similar project at the local level, Rating local bicycle traffic laws in NE Ohio. This includes a Model Municpal Bicycle Code.
  • Sarah Etter (“Sarahcycles”) compiled a large collection of Case Law involving Cyclists. This resource is (temporarily, I hope) not available.
  • Author Oswald has compiled accounts of Bicycling “Right to the Road” Cases and suggestions for the Legal Defense of Cyclists.
  • From time to time, there are various other efforts in other states, including responding to attempts to introduce new bad laws.


Bike = Vehicle? To be or not to be?

All 50 states fall into one of two categories: either they define the bicycle as a vehicle, or they give the cyclist the rights and responsibilities of a vehicle operator when operating the bicycle on the roadway. Either of these can be good for cyclists, but it depends on other aspects of the vehicle code.

Occasionally, we hear from people who believe all 50 states should define the bicycle as a vehicle. This seems to make sense, because a bicycle is actually a vehicle and because “Cyclists fare best when they act and are treated as drivers of vehicles.”

To this we say, “Be careful what you ask for.” This is not a matter of changing one line in the vehicle code, but rather a matter of going through the code line by line and possibly making dozens of changes, all of which must be approved by numerous large committees. Once you start this process, there is a substantial danger that mistakes, mischief and mediocrity will make things worse than they were to begin with. So unless you find your state code is squeaky-clean of these problems, stick with the format your state already has, and make the best of it.


Things to check for

Many states require brakes that can make the “braked wheel skid”. Besides encouraging irresponsible operation, this is impossible to meet for the front wheel of most bicycles. The UVC has a much better rule (stop in 15′ from 10 mph.) Some states have a stricter brake requirement that may be troublesome for a rear-brake-only bike. [1]

In addition check that a right turn hand signal may be given by the right hand and arm, not just the left. Finally, state laws are unlikely to include the following (these are not currently in the UVC):

  • Procedure to allow access to freeway shoulders
  • Bicycle travel on shoulders should be allowed but not required (except it is OK to require using freeway shoulders)
  • Clarify “slow vehicle rule”
  • Delete “audible signal” language in passing rule (encourages bullying)
  • Exception to “no passing zone” to allow passing slow vehicles
  • Authorize carrying children in child seat or trailer, but not backpack
  • Clarify that riding two abreast limitation does not prohibit a cyclist from passing other cyclists who are riding abreast.
  • Headlights should be allowed on rider or bike. Authorize generator-powered headlight
  • Delete “Approved by the department” language from reflector requirement
  • Delete authority for police to “inspect bicycles” unless police are specifically trained
  • Bicycle infractions must not affect cyclist’s motor vehicle license (no “points”)
  • Authorize cycling skills course for violators
  • Any local or state bicycle registration program must be voluntary

We generally oppose laws requiring wearing of helmets, mainly because this creates too much emphasis on “safe crashing” rather than “not crashing”. Helmet laws may also deny a cyclist the right to compensation from negligence of a motorist, because of “contributory negligence”. In addition, we have seen evidence that any safety benefits from increased helmet use are overwhelmed by the loss of health benefits to persons discouraged from cycling by such rules.


Follow-on Projects:

(A.) Write up standards for police training and for equitable law enforcement. This should be coordinated with the International Police Mountain Bike Assoc. There is a very promising National Police Bicycle Awareness Curriculum, developed through a grant from the National Highway Traffic Safety Administration.

(B.) Write up a position paper that can be used as support for cyclists wrongly accused of traffic offenses (such as Selz in Ohio, Clark in Michigan and several from the Boston area). We should get advice from attorneys experienced in defending cyclists (such as Steve Magas of Cincinnati, Ray Thomas of Portland and Andrew Fisher of Boston). In addition, attorneys should be taught best cycling practices.

(C.) Support state organizations trying to get state versions of the booklet Bicycling Street Smarts by John Allen. This booklet is a significant help to interpret bicycle traffic laws in a manner consistent with the best and safest practices. It has been adopted as a “bicycle driver’s manual” in PA, OH, FL, AZ, ID and pending in other states.

(D.) Look at what are appropriate penalties for serious traffic offenses (e.g. hit-and-run, vehicular homicide, vehicular assault, reckless driving). At present, the penalties for many of these crimes are far too trivial to act as much of a deterrent to dangerous drivers. Only recently Maryland finally reclassified fleeing the scene of a crash (i.e. hit-and-run) as a felony (it had been just a misdemeanor, even where fatalities were involved).


Footnotes

[1] A handy way to compare brake specifications is to express the performance in terms of “g” (Earth’s gravitational constant). The UVC requirement (stop in 15′ from 10 mph on flat, dry, level pavement) is equal to 0.22 g. This is calculated from the formula:

a = -V^2/(2*D)

where,
a = acceleration (a negative number for stopping)
V = initial speed and ^2 means to square V
D = stopping distance
g = gravitational constant = 32.2 feet/sec-squared

The UVC requirement (15 feet from 10 mph) computes as follows:
V = 10 mph (multiply by 5280/3600 to convert this to 14.67 fps), thus
a = -(14.67)^2 / (2*15) = -7.17 f/s^2 or -0.22 g

John Forester determined [2] that a rear brake alone on a typical bike is capable of about 0.3 g (then the wheel skids). He also found that the maximum deceleration possible from the front brake is 0.67 g (then the bike will pitch over). With both brakes, the limit is still 0.67 g (at the limit, the rear brake contributes nothing). A typical cyclist on a bike with dual brakes is doing well to produce 0.5 g.

Forester measured the heat dissipation ability of rim brakes vs. coaster brakes on a 2040 ft. descent. He found that rim brakes did not reach an excessive temperature but the coaster brakes burned-up completely. See “Safe” Brakes that Burn Up.

The previous version of the UVC (prior to year 2000) required brakes that could stop in 25 feet from 10 mph, or 0.13 g. The Pennsylvania brake requirement is 15 feet from 15 mph (0.5 g). This may be impossible for rear-wheel-only brakes (i.e. coaster brakes).

[2] See Forester’s discussion on bicycle brakes on page 36 of Effective Cycling, MIT Press, 1993.


Bikelaws.org is your starting point for learning about bicycle laws.

Laws are designed to help us co-exist as a society. They help define where one person’s rights begin and where the others end.

While our site is not exhaustive, we do try to provide a basis that you can use to act as a courteous rider and to highlight some of the laws that we feel tend to disenfranchise cyclists.

 

Hall R. Horner

3457 Chicago Avenue Exeter,

CA 93221

559-592-5089

 

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11-1-2016 Is it Legal To Ride A Bike On The Sidewalks

Sidewalk laws vary from state to state, and then again from county to county. San Antonio restricts bicycles from side walks as a city wide mandate, while Madison, WI allows them in non-commercial areas, providing cyclists yield to pedestrians and give audible warnings when they are about to pass a pedestrian.

New York City allows for children 12 and under to ride bicycles with a wheel diameter of 26″ or less to ride on sidewalks but requires adults to use road and bike ways. In San Fransisco, the legal age for riding a bicycle on the sidewalk is capped at 13.

As you can see, it’s very difficult to give a represented look at sidewalk laws in the united states because they are different everywhere you go. What is always acceptable is to ride your bicycle on the far right hand side of the road in the same direction as car traffic.

Many cities offer maps of their designated bike paths and bike lanes, such as this one for Springfield, MO — which, incidentally, Springfield allows bicycles on sidewalks in neighborhoods, but not in business districts.

Safe Sidewalk Etiquette for Cyclists

In those areas that allow cyclists to ride on sidewalks designed for pedestrians, there are a few basic disciplines that you need to make habits for the safety of everyone involved:

  • Pay attention. Put the phone down. Especially in a pedestrian pathway with children on slow bicycles and people walking/jogging and pushing strollers, it is crucial that you be hyper aware of your surroundings and those you are going to pass. 1 out of 10 times that a bicycle wreck with a pedestrian occurs is a fatal encounter.
  • Be loud. Use a bell or a whistle in conjunction with shouting that you are approaching from behind before passing. A rude amount of noise is better than not informing a person you are about to pass them and having them step into your path.
  • Slow down. Side walks were not made for bicycle tires and pot holes, cracks, spaces between bits of pavement, ridges, and steps are all part of the sidewalking experience. It’s better to slow down to 6-8mph and take it a bit leisurely. I’ve gone over my handlebars before and I promise you that it’s not an experience you are missing out on if you haven’t tried it yet.
  • Yield Promptly. Slowing down will give you an advantage on this front, because if it’s legal for you to use it, pedestrians have 100% right of way on sidewalks and cross walks. This is not equal ground like a shared use pathway or a roadway, this is a space that belongs to the pedestrians. Parents expect their toddlers to be safe on a sidewalk and you shouldn’t give them any reason to doubt that that is the case.
  • Hands Free. Don’t try to carry a lot of parcels and packages on your bicycle unless you have a basket or saddlebags. Trying to navigate around the pomeranian that spies a boxer in the back of a passing truck, or keep from crushing a 5 year old who just spotted a dandilion to pick for his mommy requires both hands on the handlebars. Don’t lose sight of the fact that you are in a shared space.
  • Be careful. This is always our final point — but the truth is that the entire cycling community is dependant on you being respectful and safe. Each of us must do our part to respect the laws and to treat others with care.

 

 

 

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7-22-2015 Can motorist cross a double yellow line to give Cyclist Space?

Some states have such hard and fast double yellow line rules that (literally) cyclist have been struck by cars because they driver had an inability to move over far enough even though they were trying.

While many cyclists would say ‘they should have waited for a passing zone’, (and they would be right) many motorists would say ‘the cyclist should have pulled over and let them pass’, and in many situations, they would be right as well.

In this situation in California, a teenager was stuck deciding to pass in a long double yellow section. While attempting to give the minimum 3′ needed for a safe pass, the road was not wide enough to accommodate both the car and the cyclist, and in an attempt to honor the double yellow line, the inexperienced driver killed the cyclist.

This is tragic for the driver, as well as the family, and the situation could easily be avoided with provisions that allow for, like cited in the above article, passing in a double yellow if the cyclist is going half or less of the speed limit, or other such provisions.

While, anecdotally, experienced drivers understand that passing a cyclist safely is the highest priority and that human life is the cost of not honoring the 3′ rule, an inexperienced driver who had just recently had the double yellow rules cemented into their minds would not likely be able to make a judgement call that would protect all travelers.

Kansas has an exception to their driving laws stated as : “When an obstruction exists making it necessary to drive to the left of the center of the highway, except that any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard.” That allows for drivers to safely wait to pass a cyclist, and then proceed in passing on the left-hand side, regardless of road markings.

From what we have seen, most states do have similar provisions, and common sense says to treat a slow moving cyclist as any other object in the road. While a double yellow line does say that at no point should you try to pass another motor vehicle, you would still do so if one was broken down in a position that was blocking the road, or if there was a tree branch in the road, or etc.

Many states need to clarify their wordage and add education to their driving courses regarding how to share the road with a cyclist. But until they do, if you note that a driver behind you is reluctant to pass or acting irate, it is probably best to slow down and move off the road as much as possible. Polite drivers who have been educated will not expect or require this of you, but better to not break that record on your fitness app then to have a road raging driver side swipe you as they try to get around you!

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8-18-2017 Liability for Bike Crash on shared use

A shared-use path.

Often referred to as a “bike-path“, most shared use paths are for the use of all travelers not using motor vehicles. Strollers, skate boards, roller skates, wheelchairs, pedestrians, and sometimes even horses are permitted on these quiet roads where cars are restricted.

Unless it’s one of those sacred paths where pedestrians are prohibited, the multi use paths are made for people who are aware of their surroundings and expecting to share.

The general rule of such paths is that faster moving travelers use audible alerts to let those in front of them that they will be passing, and that everyone stay to the far right of their lane unless they are passing a slower traveler.

That doesn’t mean that the use of these pathways is always seamless and safe.

Accidents are uncommon, but not rare in these settings. As with all accidents involving more than one person, liability is determined by fault. No, the cyclist is not automatically assumed guilty if they hit a pedestrian any more than a driver is assumed guilty for hitting a cyclist.

It is possible for a cyclist to be struck by a pedestrian, as unlikely as that sounds. If a pedestrian steps into the pathway of a cyclist without warning and with too little room for the cyclist to stop, they are technically the one striking the cyclist, and not the other way around. Especially if the pedestrian was distracted when they moved into an obstructing position, they are very clearly at fault.

However, cyclists that move into a pedestrian cross walk or out of their designated lanes (often, when a high cycling use is predicted in a shared use pathway, cyclists and pedestrians/wheelchais will have different lanes within the pathway) will generally be considered at fault if they strike a pedestrian in that situation.

These accidents are uncommon, as I said before because cyclists tend to be hyper aware when sharing a pathway with pedestrians. Your own body is at high risk if you are in an accident, and while Hollywood enjoys depicting cyclists going over their handlebars, (https://www.youtube.com/watch?v=ywnS8sUYD6Q)I promise you that anyone on a bicycle is doing all they can to keep that from becoming their reality.

The biggest cause of fault being found in the cyclist seems to be distracted riding. Fitness apps, texting, riding with one hand to talk on the phone — all of these are causes for the cyclist to be held liable. Other reasons the cyclist would have fault is riding while under the influence of drugs or alcohol, riding the wrong way, using a sidewalk instead of a bike lane, not exercising prudence, not announcing your presence when coming behind, not signaling a turn, and etc.

If you were fully aware and were struck by a pedestrian, they will have liability, but if you are acting irresponsibly in a shared use pathway, expect to carry full liability if you harm another person.

Also, be aware of the rules of each specific pathway. It’s likely your pathway has speed limits (It’s pretty easy to speed in a 15mph zone) and know whether or not you have your own designated lane.

As always, wear your helmet and ride safely!

 

 

 

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8-18-2017 New York Outlaws Electric Bikes

New York has been a frustration to the electric bike industry for many years now. While electric bicycles are marketed to those living in large cities as a way to make larger distances and longer commutes a possibility, New York State’s ban on electric bikes in 2004 has made it hard to expand the cycling community past those who are already physically fit or who have short commutes.

The reasoning behind the ban was that the motorized e-bikes move much faster than the standard pedal power cycles that we’ve been familiar with for the last century, which means that when small infractions of bike lane and traffic laws are made the cost is much higher.

However, in places like NYC it’s nearly impossible to work a full-time bicycle delivery job because of the physical strain of it. Pedal assist and small electric motors are incredible ways to cut back on this strain, but maintain the “green” eco-friendly impact of cycling.

In 2002 there was federal legislation passed stating that any electric bike with a top speed of 20mph was to be legally classified in the same group as a non-motorized bicycle. In 2004 New York answered with a state ban on electric bikes being used on any roadways, parking lots, side walks, etc., and also placed a requirement for registration on owning them. This means that, while it’s still legal for the bikes to be purchased under federal law, it’s effectively illegal to ride them in the state.

However, the gray area is pedal assist bikes, and bikes with an option to turn off the motor source and use them as a standard bike. Some interpretations of the law say that you can use a pedal assist bike since it’s technically a bicycle according to federal law, and others feel that it’s acceptable to use the ebike you purchased for your uncle’s back field on the roads as long as the motor is switched off.

But the big news is that it’s beginning to look as though state legislation is going to change. With states like California, Uta, Colorado, Nebraska, Alabama, and Kentucky clarifying their laws to regulate the bikes sensibly, we all hope that New York will quickly follow suit.

In order to do so, they need to adopt a classification system that separates pedal assist motors (which only work when the pedals are in motion to add momentum to the human power) and fully motorized cycles. From there they would be able to educate their enforcers as to what type of e-bike is legal where. Lower traffic areas of the cities could allow commuters to use the fully motorized bicycles while the downtown and large city areas could either maintain a ban or choose how to regulate which bikes are legal options for delivery drivers and commuters.

Once these things are established, I believe that the ebike industry could single handily exponentially grow the cycling community.

But the core problem for places like NYC is their failure to accommodate cyclists. The mayor currently has plans to inflate the cycling community and cut back on the number of motor vehicles in the city. However, until there are bike lanes that can accommodate those numbers, as well as motor vehicle and pedestrian fines for obstructing them, it’s hard to imagine cyclists staying out of the roadways and enjoying an influx of new riders.

While the ebike “crack downs” are almost always because ebikes cause accidents, these accidents seem to mostly occur because of a lack of available, legal pathways for riding.

So, as always, we need to work together as a cycling community to safely and respectfully work inside the laws to show that we are a community worth growing. While riding in “gray” legal areas may not get you ticketed, it isn’t going to help the laws change.

So put on your helmet, use the bike lanes (as long as they aren’t obstructed!), and stay fit!

 

 

 

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8-18-2017 Cyclists Riding Abreast: The Rules On Lane Sharing and Impeding Traffic

State laws vary as to the the priority and rights of cyclists on roadways, but many places have very specific laws in place for cyclists riding side by side and what constitutes impeding traffic.

We are gonna dive into some of the basics of lane sharing, traffic impeding, and riding abreast, but before we do I need to clarify: We are not legal authorities, nor do we have the ability to cover the specific municipal codes and location specific laws of the entire nation. Please be aware of your local laws, and always be resectful!

Lane Sharing:

When one or more travelers move to the side of a lane to allow others to pass or ride beside them. Examples include:

  • a vehicle going under the required minimum that drives on or as close to the shoulder as possible to allow faster vehicles to pass
  • a vehicle moving to the curb to make a right hand turn to allow overtaking vehicles to continue without stopping for them.
  • a group of cyclists or motorcyclists traveling in a group rather than in single file
  • two cyclists riding abreast in one lane to travel side by side

Impeding Traffic

When a driver/operator acts in a way that restricts the normal flow of traffic through irresponsible choices. Examples include:

  • using a lane to ride below the minimum speed requirement
  • not allowing a car to pass for a long period of time
  • stopping in a roadway

Two Abreast Riding

A law regulating how many cyclists can ride beside each other and limiting them to only two. Variations include only allowing two cyclists to ride side by side if they are not impeding traffic, or single file restrictions at all times.

At iamtraffic.org you can easily check your state’s legislation restricting how you are allowed to ride, including mandates covering shoulder use, bike lanes, TOR, and impedement laws.

In 42 of the 50 United States, cyclists are exempt from laws that call “delaying” and impediment by motor vehicles, meaning that if cars have to slow down and wait to pass them they are not considered “impeding”. However, in 8 states there is no exemption, and cyclists are often ticketed for riding slower than the speed limit for motor vehicles.

California has a dichotomy here, with no two abreast law or impediment restrictions, meaning that cyclists can travel in groups on the roadways. BUT they do not have an exemption from cyclists for impediment tickets, so all that is needed for cyclists to find trouble is for a driver to find that they are moving too slowly and feel inconvenienced.

Many states also have laws in place for when a cyclist can rightfully “take the lane” by moving into the center and claiming the entire lane, but some states have no such provisions, meaning that cyclists simply have to wait until there are no cars that would have to wait for them to do something as simple as make a legal left turn.

This is frustrating, at best, but you must be aware of your local laws because you are responsible. You can always lobby, call representatives, and raise awareness, but please do so in a way that reflects positively of the cycling community.

And always, be safe!

 

 

 

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9-15-2017 Are Bikes Allowed On The Road?

For the most part, bikes are allowed on roadways. One of the large exceptions is the interstate. Cyclists are not allowed on the nation’s interstate.

Safety

There is always the question of whether you, the cyclist, wants to be on that particular stretch of road. There are several, twisty, two-lane highways with no shoulders that I frequently rode as a teenage cyclist.

Was it legal for me to be there? Absolutely.

Smart? Not so much. I would regularly be passed by semi trucks trying to avoid weigh stations and dump trucks on their way to deliver gravel or lime to the local farmers.

If you do have one of these stretches of roads, it can make just as much sense to proactively pull to the side of the road when traffic approaches. You can’t guarantee that drivers will play it safe.

Rule Of The Road

Perhaps we will do complete rules of the road post here soon.

One of the key things to remember is that a cyclist is supposed to ride in the same direction as the traffic. This helps them to see walkers and runners and enables them to flow predictably.

When you ride with the traffic, cars can ride slowly behind you and wait for a safe margin to pass. If you violate this, then you force cars to stop in traffic and allow you to pass on the side. This can create an unsafe situation for both you and them.

Learning the proper hand signals can let you communicate with the drivers and give them an indication of the actions you are taking.

We cover it in more detail, but riding abreast is mostly prohibited unless you are in a shared lane. If you are riding abreast, be proactive about getting into single file when vehicles approach.

Finally, stopping for stop lights and signs is one of the basic courtesies of sharing the road. It is challenging to stop on a bicycle as you have to unclip and put a foot down.

However, refusing to obey the law in this area is one of the greatest reasons for officers to issue citations to cyclists. It also tends to foster ill will between drivers and cyclists when drivers watch them ignore signage.

Be Visible

Finally, it almost goes without saying, but burn the dark clothes. Black and brown jerseys are excellent for the Off Road. They are a poor choice for road cycling.

You may not want to wear safety yellow at all times, but choosing jerseys with orange, white and yellow in them can help drivers see you more easily.

I also use a bright flashing LEDs to help increase my visibility, even during daylight riding. Perhaps it is overkill, but for a $40 light that is USB rechargeable, I figure I can’t go wrong.

Sharing the road is about keeping everyone safe. Choose off-peak riding times and plan your course around popular vehicle routes. Cyclists are the slower vehicle, and we owe it to ourselves to get out of the car’s way.

After all, they aren’t the ones who are gonna’ wake up dead if someone makes a mistake.