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Ratings -- Local Bicycle Traffic Ordinancesby Fred Oswald, PE, LCI #947
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We find it sadly ironic that many of the worst provisions are called
"SAFE RIDING REGULATIONS FOR BICYCLES"
Imagine if the people who write motor vehicle laws were non drivers. Now imagine that some of the police who enforce the laws also did not know how to drive. What's more, imagine that road engineers who design roads were ignorant of how cars are driven. Does this sound insane? This is exactly the situation that faces people who drive bicycles. It is time for cyclists to teach society about bicycle driving.
This article is a resource for reform of local ordinances that mandate or encourage dangerous practices and discriminate against cyclists. The two worst forms of such laws are (1) the mandatory-side-path rule, which requires operating bicycles on either "bike paths" or sidewalks; and (2) the as far right as practicable rule, which encourages unsafe lane position. Both of these are dangerous, discriminatory and completely unnecessary.
*** Index *** |
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Bicycle traffic laws in the Ohio Revised Code were revised and improved significantly by House Bill 389, the "Better Ohio Bicycling Bill". Since this became effective on Sep. 21, 2006, the bad laws (shown below in red) are contrary to safety and invalid under state law. However, we still need to get these bad laws replaced. The safe and efficient way to operate a bicycle is to act as the competent driver of a vehicle operating under the standard traffic rules. This is called "Vehicular Cycling" and is described in Effective Cycling by John Forester, MIT Press, 1993. Experienced cyclists who operate this way have a crash rate 75-80% lower than the population at large. Standard traffic rules promote safe and efficient cycling. The problem is non-standard "special" rules for bicycle operators.
Bad laws create several problems: (1) They make the roadways less safe for everyone. (2) They discriminate against the best and safest cyclists many of whom who use bicycles for transportation. (3) They encourage the dangerous mistakes of novices. (4) They mandate known unsafe practices that may expose the community to liability for collisions. (5) They are a breach of the duty of the government to protect its citizens, thus they undermine the legitimacy of the government. (6) They would aid the defense of a negligent driver who injures a cyclist riding on the street. Government officials who understand these problems will be eager to fix them.
We may be able to show and educational presentation, such as Bicycle Traffic Law and Safety Issues (3 Mb Powerpoint file), show parts of the Effective Cycling video, hand out copies of Ohio Bicycling Street Smarts and this article.
Sometimes, government officials want to "do something for bicycles." The Dilemmas of Bicycle Planning is an excellent article for government officials and planners. Anyone considering the "Bicycle Friendly Communities" program should first read Guidelines for a 'Cyclist Friendly Community' by this author.
Whenever their duties involve bicycling issues, traffic engineers, as a matter of professional competence, must know Vehicular Cycling (or employ qualified consultants) since their work impacts cyclists. A passing score in a "BikeEd" class will help demonstrate qualification. Any Professional Engineer must abide by the "Code of Ethics for Engineers and Surveyors". In Ohio, the Ohio Administrative Code §4733-35-03(B) states The Engineer or Surveyor shall undertake to perform assignments only when he and/or his consulting support are qualified by training and experience in the specific technical fields involved. For current information on cycling courses, check the BikeEd Schedule
There is a lot of cycling advocacy information on the web. Three sites we suggest are the Ohio Bicycle Federation Cyclist Friendly Communities Award, the Bicycling Life website and the North Carolina Coalition for Bicycle Driving.
Other resources include cycling articles by Fred Oswald. Also, see Legal Defense of Cyclists and Bicycle "Right to the Road" Cases for ideas on how to fight legal harassment. For more information, please see How to Help.
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The list below surveys local bicycle traffic ordinances from NE Ohio communities. Information shown here is from published "Codified Ordinances" as found in the local library or published on the Web. If ordinances have been recently changed, the information may be out of date. Please notify the author of any updates, additions or corrections. Dates for many ordinances are shown (in parenthesis). Brook Park, Ohio has enacted most of the Model Local Laws. The Ohio Bicycle Federation presented a "Good Cycling Laws Award" to the City in 2003. For details, see below. |
Bad ordinances (or portions) are shown in red. These conflict with the uniform traffic laws of Ohio (the Ohio Revised Code or ORC) and form a "crazy quilt" of inconsistent local rules for bicycle drivers. Good language is shown in green. Ratings are based on the degree that local ordinances mandate dangerous practices, are discriminatory, inconsistent with state law or include nuisance rules.
The State of Ohio currently has the "far right" rule but modified to reduce confusion. Ohio does not have the "mandatory-side-path rule". Ohio defines bicycles as vehicles. This gives cyclists an inherent right to use the roads.
The bicycle traffic law ratings below are based on a common "grading system",
where A=excellent, B=good, C=poor, D=very poor, F=unacceptable. This is
not like school grades where half of the students are, by definition, below
average. Rules inconsistent with the best practices for bicycle driving
constitute a serious failure of the duty of the government. The basic
ratings are shown below.
| A | Completely consistent with ORC as revised in 2006 |
| C-minus | Completely consistent with pre-2006 ORC |
| D-plus | Consistent with pre-2006 ORC except requires children up to age 10 to ride on sidewalk |
| D | Consistent with pre-2006 ORC except requires adults to ride on path |
| F | Requires adults to ride on sidewalk |
These ratings may be modified up or down by other factors. Positive factors include: exempting cyclist from any "traffic calming" restriction; and NO mandatory bicycle registration. Negative factors include children's sidewalk rule for older than age 10, helmet rule that applies to non-residents (violates uniformity). More serious negative factors include helmet rule without negligence exclusion, requiring cyclists to walk through intersections (violates uniformity), requiring riding "far right as possible" (unsafe lane position & violates uniformity).
"Sidewalk laws" are sometimes justified as an attempt to protect
children. Very young children should not ride on the street just as they
should not be allowed to cross streets until they understand how to do it
safely. This must be determined by their parents. However,
sidewalk cycling along a busy street is not safe at any age. On the
other hand, well-informed parents can safely guide their four year old children
on quiet streets, children of age 7-8 can be taught to ride safely by themselves
on two-lane residential streets and ten year olds can be taught to ride on
moderately-busy, 4-lane roads.
** Amherst <C minus>
Consistent with pre 2006 Ohio Law except a
requirement to keep two hands on the handle grips and a requirement to
use bike racks in the business district The concern is availability of
secure bicycle parking and avoiding "wheel bender" bike racks.
(checked 12/01)
** Ashtabula <C minus>
Consistent with pre 2006 Ohio Law except a
requirement to keep two hands on the handle grips. See
http://ci.ashtabula.oh.us/codifiedordinances2.pdf (checked 1/02)
** Aurora <C minus>
Consistent with pre 2006 Ohio Law except a
requirement to keep both hands on the handle grips. See
www.auroraoh.com/council/ordinances.htm/
** Avon <F minus>
Among the worst we have seen. See
www.cityofavon.com/COAlinks2.asp?ResourceGroup=Avon%20Codified%20Ordinances
(to September, 2004)
Invalid Ordinances
474.06 RIDING BICYCLES UPON SIDEWALKS.
A person operating a bicycle shall ride upon the sidewalk rather than the
roadway when sidewalks are available, except that no person shall ride a
bicycle upon a sidewalk upon or along which signs have been erected by authority
of Council or other duly designated local authority prohibiting such bicycle
riding, or within a business district. At no time shall
a person under the age of 11 years operate a bicycle on a street.
474.07 SAFE RIDING REGULATIONS FOR BICYCLES.
(a) Whenever a designated usable path for bicycles has been provided adjacent to
a street, bicycle riders shall use such path and shall not use the street.
(c) No person shall ride a bicycle across or through any intersection involving
a through street. Such intersections are to be crossed by walking the bicycle
across or through the intersection.
** Avon Lake <D minus>
This city once claimed to be a "Bicycle Friendly Community" but some of
their ordinances are quite unfriendly to cyclists. They have not only
copied the "as far right as practicable" rule from Ohio, they added what amounts
to a more dangerous "as far right as POSSIBLE" rule. In addition, they ban
cycling on three important North-South streets in the city, specifying dangerous
sidewalk riding instead.
www.amlegal.com/library/oh/avonlake.shtml (current through December 31, 2006)
Bike lane on road closed to bicycles |
Ironically, Moore Rd. has a short and extremely narrow bicycle lane extending from Lake Rd to an elementary school about a block away. Apparently it is illegal to use this bike lane (except the ordinance is not valid). You can read more about this in the article Contending With the Feudal Bicycle Traffic Laws of NE Ohio.
Invalid Ordinances
474.08 KEEPING TO RIGHT
Every person operating a bicycle shall keep to the right-hand curb upon all
streets, highways and other public ways in the City.
474.16 RIDING ON CERTAIN STREETS.
(a) The riding of bicycles on Moore Road between Lake Road and Webber Road on
the pavement or the berms is hereby prohibited. Bicycles will hereafter be
confined to the use of sidewalks along the Road.
(b) The riding of bicycles on Miller Road between Lake Road and Walker Road on
the pavement or the berms is hereby prohibited. Bicycles will hereafter be
confined to the use of sidewalks along the Road.
(c) The riding of bicycles on Avon Belden Road between Lake Road and Walker Road
on the pavement or the berms is hereby prohibited. Bicycles will hereafter be
confined to the use of sidewalks along the Road.
(e) Whoever violates any of the provisions of this section shall, upon
conviction, have his or her bicycle impounded for seven days, and, when such
bicycle is released, shall pay an impoundment fee of ten dollars ($10.00) to the
Police Department. Whoever violates and is convicted of a second or subsequent
offense shall be fined not more than one hundred dollars ($100.00) and shall
have his or her bicycle impounded for not more than 30 days, or both.
** Bay Village <D minus> See
www.conwaygreene.com/bayvillage.htm
Invalid Ordinances
377.06 RIDING ON STREETS
It shall be legal to ride a bicycle or tricycle upon a street or public
way, subject to the following:
(a) Every person operating a bicycle or tricycle
upon a roadway shall ride within three feet of the right edge of the roadway
when practicable, obeying all traffic rules applicable to vehicles and exercising due care
when passing a standing vehicle or one proceeding in the same direction.
(b) Persons riding bicycles or tricycles upon
a roadway shall ride single file in a single lane, except on paths or
parts of roadways set aside for the exclusive use of bicycles or tricycles.
(Ord. 84-88. Passed 9-4-84.)
(c) Wherever a designated path for bicycles and
tricycles has been provided adjacent to a street, bicycle and tricycle riders
shall use such path and shall not use the street. At no time shall a bicyclist
or tricyclist under the age of seven operate a bicycle or tricycle on a street.
(d) No person shall ride a bicycle or tricycle on
the pavement or berm of major streets that are posted as prohibiting bicycle
riding. Those posted streets shall be designated by the Mayor or Director of
Public Safety.
Note: Important transportation streets that are posted "no-bikes", include
Clague, Columbia, and Dover Center Roads. This is a partial "sidewalk law"
in disguise!
377.07 RIDING ON BICYCLE PATHS OR SIDEWALKS
It shall be legal to ride a bicycle or tricycle upon a sidewalk or public
way, or upon any path set aside for the exclusive use of bicycles and/or
tricycles, subject to the following:
(a) Wherever a designated path for bicycles and
tricycles has been provided adjacent to a street, bicycle and tricycle riders
shall use such path and shall not use the street.
** Beachwood <D> Children are confined to
dangerous facilities by § 474.06. The second sentence is good except it
should apply to everyone. See
www.beachwoodohio.com/administrative.pdf (2004 replacement)
In addition to the serious problem below, we are concerned that the city has a
helmet ordinance (§ 474.02(g)) for persons under age 16. This ordinance
also lacks a negligence exclusion.
Invalid Ordinance
474.06 RIDING ON SIDEWALKS
No person under the age of eleven years, unless
accompanied by a parent or legal guardian, shall operate a bicycle on the
roadways within the city, provided sidewalks are available. Persons eleven
years and older may operate a bicycle upon the
roadways, but shall be governed by the same provisions of this Traffic Code
relative to right of way as other vehicles.
** Bedford <C minus>
Consistent with pre 2006 Ohio Law except
a requirement to keep two hands on the handle grips and the nuisance
requirement shown below. Helmets are reqd. for cyclists under age 14.
(2001 replacement)
See
www.conwaygreene.com/bedford.htm
Invalid Ordinance
374.04 RIDING ON RIGHT SIDE OF ROADWAY; RIDING ABREAST
(b) Persons riding bicycles upon a roadway shall ride in
single file in the following places:
(1) In business districts of the City;
(2) On through streets; and
(3) At other places upon order of any police officer ...
** Bedford Heights <D minus> (checked 12/04)
See
www.conwaygreene.com/bedhts.htm
Invalid Ordinances
373.11 SAFE RIDING REGULATIONS FOR BICYCLES.
(a) Whenever a designated usable path for bicycles has been
provided adjacent to a street, bicycle riders shall use such path and shall not
use the street.
(c) No person shall ride a bicycle across or through any intersection involving
a through street. Such intersections are to be crossed by walking the bicycle
across or through the intersection.
373.14 SUSPENSION OF RIDING PRIVILEGES; IMPOUNDING OF BICYCLES BY COURT.
In addition to other penalties, a court may prohibit any person who violates or
fails to comply with any of the provisions of this chapter relating to bicycles
from riding a bicycle for a period not to exceed three months. In addition, any
person violating or failing to comply with any of the provisions of this chapter
relating to bicycles may be punished by having his bicycle impounded for a
period not exceeding thirty days.
** Bentleyville <F minus>
Among the worst we have seen. (checked 1/02)
Invalid Ordinances
474.07 SAFE RIDING REGULATIONS FOR BICYCLES.
(a) Whenever a designated usable path for
bicycles has been provided adjacent to a street, bicycle riders shall use such
path and shall not use the street.
(c) No person shall ride a bicycle across
or through any intersection when crossing a through street. Such
intersections are to be crossed by walking the bicycle across or through the
intersection.
474.06 RIDING BICYCLES UPON SIDEWALKS.
A person operating a bicycle shall ride upon
the sidewalk rather than the roadway when sidewalks are available,
except that no person shall ride a bicycle upon a sidewalk on or along
which signs have been erected by authority of Council or other duly designated
local authority prohibiting such bicycle riding, or within a business district.
At no time shall a person under the age of eleven years
operate a bicycle on a street.
** Berea <C>
Consistent with pre 2006 Ohio Law.
Helmets are reqd. for cyclists under age 11. (checked 10/00)
** Brecksville <D> (checked 12/01)
Invalid Ordinance
373.07 RIDING BICYCLE ON RIGHT SIDE OF ROADWAY; OBEDIENCE TO TRAFFIC RULES; PASSING
... Where a walking or bicycle path has been provided
adjacent to any road or highway, all pedestrians, equestrians and bicyclists
shall use said path.
** Broadview Heights <F minus>
Among the worst we have seen. (2000 replacement)
Invalid Ordinances
474.06 RIDING BICYCLES UPON SIDEWALKS.
A person operating a bicycle shall ride upon
the sidewalk rather than the roadway when sidewalks are available,
except that no person shall ride a bicycle upon a sidewalk on or along
which signs have been erected by authority of Council or other duly designated
local authority prohibiting such bicycle riding, or within a business district.
At no time shall a person under the age of eleven years
operate a bicycle on a street.
474.07 SAFE RIDING REGULATIONS FOR BICYCLES.
(a) Whenever a designated usable path for
bicycles has been provided adjacent to a street, bicycle riders shall use such
path and shall not use the street.
(c) No person shall ride a bicycle across
or through any intersection when crossing a through street. Such
intersections are to be crossed by walking the bicycle across or through the
intersection.
(l) A person operating a bicycle shall yield
the right of way to vehicular traffic on a roadway.
** Brooklyn <D> (9/02 revision)
Invalid Ordinance
373.16 RIDING ON SIDEWALKS
(a) No person thirteen years of age or under shall
ride a bicycle except on a sidewalk.
The section below is a minor problem. There is no exception to the signal
requirement where no one will be affected by the movement or if the hands are
needed for controlling the bicycle.
373.17 HAND AND ARM SIGNALS
(a) Before turning or altering the course of a bicycle, the operator make sure
that movement can be made in safety and shall give a signal
by the extension of the hand and arm ...
We are also troubled by requirements to lock bicycles, for bicycle licenses, to
keep both hands on handle grips and the authority for police to impound
bicycles.
** Brook Park <A minus>
Essentially consistent with the new Ohio Law. The city
adopted most of our proposed Model Local
Laws in 2003. Brook Park was a model for the 2006 Ohio law
reforms (2004 replacement). The previous rating was "F".
We now have only one minor concern.
373.13 LIGHTS AND REFLECTORS ON BICYCLES; BRAKES.
(c) Every bicycle shall be equipped with an adequate brake when used on a street
or highway, which will enable the operator to make the brake
wheel skid on dry, level, clean pavement.
The skidding wheel brake requirement above is nearly impossible to meet for the
front wheel. It is unsafe to make this test. Traffic laws should not
suggest irresponsible children's tricks such as deliberately skidding the rear
wheel. The Uniform Vehicle Code has a much better brake metric:
UVC § 12-706 Brake required
Every bicycle shall be equipped with a brake or brakes which will enable its
driver to stop the bicycle within 15 feet from a speed of 10 miles per hour on
dry, level, clean pavement.
** Brunswick <C minus>
Consistent with pre 2006 Ohio Law except for
a requirement to keep two hands on the handle grips and some
ambiguous language about yielding to "vehicular traffic upon the roadway as
lawfully required." See
www.brunswick.oh.us/codified_ordinances.htm
** Chagrin Falls <D> (1999 replacement)
A good beginning, but ...
Invalid Ordinance
373.03 TRAFFIC CODE APPLICATION TO BICYCLES
Every Person riding a bicycle upon a street shall be
granted all of the rights and shall be subject to all of the duties applicable
to the driver of a vehicle ...
473.04 OBEDIENCE TO TRAFFIC CONTROL DEVICES
(b) Persons riding bicycles upon a street shall ride in
single file only and not abreast, except on paths or parts of streets set aside
for exclusive use of bicycles.
(c) Wherever a designated usable path for bicycles has
been provided adjacent to a street, bicycle riders shall use such path and shall
not use the street.
** Cleveland <C>
Consistent with pre 2006 Ohio Law except for a
requirement to keep both hands upon the handle grips.
See
http://caselaw.lp.findlaw.com/clevelandcodes/cco_part4_473.html (June 30, 2007)
** Cleveland Heights <B plus>
Consistent with the new Ohio Law except as noted below.
Unfortunately, the city failed to use our
Model Local Laws.
See
http://www.conwaygreene.com/ClevelandHts/lpext.dll?f=templates&fn=main-h.htm&2.0
(Complete to May 1, 2007)
One problem is a requirement to use bike racks if available. (The concern is secure and convienent parking and the problems of "wheel bender" bike racks.)
Another problem is requiring a bicycle license, even for residents of another city provided the other city has registration. We believe this is contrary to Ohio Law. Worse, the city claims the authority to impound non-registered bicycles. This invites police harassment.
A third problem contrary to the ORC is the prohibition from operating
"without both hands upon the handle grips except when necessary to give the
required hand and arm signals". This is unreasonable and contracy to the
ORC, which only prohibits carrying a package which prevents having at least
one hand on the handlebars.
** Eastlake <C minus>
Consistent with pre 2006 Ohio Law except for a
requirement to keep both hands upon the handle grips and ambiguous
language in the subsection shown below. (1995 replacement)
371.11 BIKEPATH SAFETY.
(d) Any person riding a bicycle shall yield the right of way in the
following circumstances:
(1) At an intersection ...
Comment: If subsection (d) applies ONLY on paths (and sidewalks), then it is
appropriate because a path adjacent to a road is an extremely dangerous place to
operate a bicycle. Unfortunately, the words "on a bikepath" are not
included in (d). If this provision is applied to cyclists on roadways,
then it conflicts with the uniform rules of the road and then Eastlake's rating
would be reduced to <D>.
** Elyria <C minus>
Consistent with pre 2006 Ohio Law except as shown below.
373.11 OPERATION ON JOHN F. KENNEDY MEMORIAL PARKWAY.
Operators of bicycles shall not ride or operate their bicycles within the right
of way of the John F. Kennedy Memorial Parkway, being a controlled-access
highway, except in emergency situations and at intersections and pedestrian
crossings.
Note: Unless this parkway is a "Freeway", this provision is inconsistent with
Ohio Law.
373.25 BICYCLE ROUTES
There are hereby established in and for the City specific bicycle routes
throughout the City, as follows: ...
[The routes connect two county parks. The problem is part of each route
involves sidewalks. Sidewalks are known to be dangerous and unsuitable as
bicycle facilities.]
** Euclid <D minus> See
www.ci.euclid.oh.us/99CodifiedOrdinances.pdf (1999 replacement)
Invalid Ordinances
371.08 SAFE RIDING REGULATIONS FOR BICYCLES.
(a) Whenever a designated usable path for bicycles
has been provided adjacent to a street, bicycle riders shall use such path and
shall not use the street.
(c) No person shall ride a bicycle across
or through any intersection involving a through street. Such intersections
are to be crossed by walking the bicycle across or through the intersection.
** Fairview Park <D minus>
Invalid Ordinances
373.08 RIDING REGULATIONS
(b) Whenever a designated path for bicycles has
been provided adjacent to a street, bicycle riders shall use such path and shall
not use the street.
(d) At no time shall a bicyclist under the age of
twelve years operate a bicycle on a street.
** Gates Mills <F minus>
Among the worst we have seen.
Invalid Ordinances
374.06 RIDING BICYCLES UPON SIDEWALKS.
A person operating a bicycle shall ride upon the sidewalk
rather than the roadway when sidewalks are available, except that no person
shall ride a bicycle upon a sidewalk upon or along which signs have been erected
by authority of Council or other duly designated local authority prohibiting
such bicycle riding, or within a business district. At no time shall a person
under the age of eleven years operate a bicycle on a street.
374.07 SAFE RIDING REGULATIONS FOR BICYCLES.
(a) Whenever a designated usable path for bicycles has
been provided adjacent to a street, bicycle riders shall use such path and shall
not use the street.
(c) No person shall ride a bicycle across or through any
intersection involving a through street. Such intersections are to be crossed
by walking the bicycle across or through the intersection.
374.10 BICYCLES PROHIBITED ON COLVIN ROAD.
No person shall ride or use a bicycle on Colvin Road.
** Glenwillow <C minus>
Consistent with pre 2006 Ohio Law except a
requirement to keep two hands on the handle grips. (1999 replacement)
** Highland Heights <D>
See
www.conwaygreene.com/Hlandhts.htm (1993 replacement)
Invalid Ordinance
373.06 SAFE RIDING REGULATIONS
(a) Wherever a designated usable path for bicycles or
tricycles has been provided adjacent to a street, bicycle or tricycle riders
shall use such path and shall not use the street.
** Highland Hills <C minus>
Consistent with pre 2006 Ohio Law except for
a requirement to keep two hands on the handlebars.
** Hunting Valley <D minus>
See
www.conwaygreene.com/HuntingValley.htm (1996 replacement)
Invalid Ordinances
442.03 SAFE RIDING REGULATIONS FOR BICYCLES
(a) Wherever a designated usable path for bicycles has been
provided adjacent to a street, bicycle riders shall use such path and shall
not use the street.
(c) No person shall ride a bicycle across or through any
intersection involving a through street. Such intersections are to be
crossed by walking the bicycle across or through the intersection.
** Lakewood <B plus>
Consistent with the new Ohio Law except as noted below.
The city adopted most of our Model Local
Laws. See
www.conwaygreene.com/lakewood.htm
(Complete to June 18, 2007). Lakewood ordinances were revised Sept.
2007. This rating is based on the revised ordinances.
Lakewood has a helmet ordinance that may apply to non-residents of the city. It is unreasonable to expect non-residents to be aware of this ordinance and have to comply with dozens of potentially different and inconsistent requirements. In addition, Ohio Law requires signage at all entrances to the city before this ordinance has a chance of validity. There is also the concern that it may be fundamentally inconsistent with Ohio law which does not require helmet use. Fortunately, there is a good negligence waiver.
Lakewood also has mandatory bicycle registration for city residents. While
this is allowed under the ORC, we strongly recommend registration be voluntary.
** Lorain <C minus>
Consistent with pre 2006 Ohio Law except for
requirements to keep two hands on the handle grips and a bicycle
license. (Checked 12/04) See
www.conwaygreene.com/Lorain.htm
** Lyndhurst <D> See
www.lyndhurst-oh.com/
(checked 10/01)
Invalid Ordinances
474.07 SAFE RIDING REGULATIONS
(b) Persons riding bicycles or tricycles upon a street
shall ride in single file only and not abreast except on paths or parts of
streets set aside for exclusive use of bicycles or tricycles.
(c) Wherever a designated usable path for bicycles or
tricycles has been provided adjacent to a street, bicycle or tricycle riders
shall use such path and shall not use the street.
** Macedonia <C>
Consistent with pre 2006 Ohio Law except for
a requirement to keep both hands on the handle grips. (checked 1/02)
See
www.conwaygreene.com/pages/macedonia.htm
Below is some useful language
373.11 RIDING ON SIDEWALKS.
Bicycles may be ridden upon the roadways and sidewalks of
streets within this Municipality. Every person operating a bicycle upon a
sidewalk shall yield the right of way to all pedestrians and other kinds of
vehicles lawfully using the sidewalk. Every person operating a bicycle upon a
roadway shall be governed by the same provisions of this Traffic Code relative
to right of way as other vehicles.
** Maple Heights <D minus> (2000 replacement)
Invalid Ordinances
(474.07 SAFE RIDING REGULATIONS FOR BICYCLES
(a) Wherever a designated usable path for bicycles or
tricycles has been provided adjacent to a street, bicycle or tricycle riders
shall use such path and shall not use the street.
(c) No person shall ride a bicycle across or through
any intersection involving a through street. Such intersections are to be
crossed by walking the bicycle across or through the intersection.
** Mayfield Heights <D minus> See
www.conwaygreene.com/Mayfield.htm (2000 replacement)
Invalid Ordinances
373.05 OPERATION ON STREETS AND THROUGH INTERSECTIONS
(a) At no time shall a bicyclist or tricyclist under the age
of eleven operate a bicycle on a street.
(b) No person under the age of eleven shall ride a bicycle
across or through any intersection. Such an intersection shall be crossed
by walking the bicycle or tricycle across or through the intersection.
373.07 SAFE RIDING REGULATIONS
(b) Persons riding bicycles or tricycles upon a street
shall ride in single file only and not abreast, except on paths or parts of
streets set aside for exclusive use of bicycles or tricycles.
(c) Wherever a designated usable path for bicycles or
tricycles has been provided adjacent to a street, bicycle or tricycle riders
shall use such path and shall not use the street.
** Mayfield Village <D>
www.conwaygreene.com/Mayfield.htm (Complete to July 1, 2006)
Invalid Ordinances
373.07 SAFE RIDING REGULATIONS
(b) Persons riding bicycles, tricycles or unicycles upon a
street shall ride in single file only and not abreast except on trails or parts
of streets set aside for the use of bicycles, tricycles or unicycles.
(c) Wherever a designated usable trail for bicycles, tricycles
or unicycles has been provided adjacent to a street, bicycle, tricycle or
unicycle riders shall use such trail and shall not use the street.
** Medina <C minus>
Consistent with pre 2006 Ohio Law except a
requirement to keep both hands upon the handle grips.
See
www.conwaygreene.com/pages/medina.htm/
** Mentor <C plus>
Consistent with pre 2006 Ohio Law.
See
www.cityofmentor.com/. (8/91)
Mentor does not include "nuisance" equipment requirements. Instead, they
require only the important safety equipment (adequate brakes, headlight, rear
light and reflector). Although not considered for the rating, Mentor
unfortunately has a very dangerous sidewalk-sidepath passing in front of the
high school on Center St.
** Middleburg Heights <C>
Consistent with pre 2006 Ohio Law
Note: An ordinance requiring children under age 14 to ride on a sidewalk was
repealed April 24, 2001. (2000 replacement)
** Moreland Hills <C minus>
Consistent with pre 2006 Ohio Law except for
a requirement to keep two hands on the handle grips.
** North Olmsted <D>
See
www.ci.north-olmsted.oh.us/codifieds.htm
This rating is based on minor changes approved 9/18/02 and on 7/2/03.
Previous rating was "F minus"
This author gave a presentation to Council 3/24/03 that seemed to be
well-received. We need city residents to remind Council that riding on a
sidepath is almost as dangerous as the sidewalk and that sidewalks are not safe
for children.
373.15 RIDING ON STREETS, BICYCLE PATHS OR SIDEWALKS.
It shall be legal to ride a bicycle upon a sidewalk, street or public way, or
upon any path set aside for the exclusive use of bicycles subject to the following:
Invalid Ordinances
(c) Wherever a designated path for bicycles has been provided
adjacent to a street, bicycle riders shall use such path and shall not use the
street.
(d) Any person operating a bicycle may ride
upon the sidewalk rather than the roadway when sidewalks are available
and not congested with pedestrian traffic. ...
At no time shall a bicyclist under the age of eight (8) operate a bicycle on a
residential street. At no time shall a bicyclist under the age of twelve (12)
operate a bicycle on a street that is not a residential street.
** North Randall <C minus>
Consistent with pre 2006 Ohio Law except for
a requirement to keep two hands on the handlebars. (checked 10/01)
** North Ridgeville <F minus>
Among the worst we have seen. (Through Dec 2003)
See
www.amlegal.com/nridgeville_oh/
Invalid Ordinances
474.06 RIDING BICYCLES UPON SIDEWALKS; SHOPPING CENTERS.
(a) A person operating a bicycle shall ride upon the sidewalk
rather than the roadway when sidewalks are available, except that no
person shall ride a bicycle upon a sidewalk upon or along which signs have been
erected by authority of Council or other duly designated local authority
prohibiting such bicycle riding, or within a business district. At no time shall a person under the age of eleven years operate a
bicycle on a street.
474.07 SAFE RIDING REGULATIONS FOR BICYCLES.
(a) Whenever a designated usable path for bicycles has been
provided adjacent to a street, bicycle riders shall use such path and shall not
use the street.
(c) No person shall ride a bicycle across or through any
intersection involving a through street. Such intersections are to be crossed by
walking the bicycle across or through the intersection.
** North Royalton <C minus>
Consistent with pre 2006 Ohio Law except for
a requirement to keep two hands on the handlebars.
** Oakwood <C minus>
Consistent with pre 2006 Ohio Law except for a
requirement to keep two hands on the handle grips. (2000 replacement)
** Oberlin <C minus>
Consistent with pre 2006 Ohio Law except for a
requirement to keep two hands on the handle grips. (1999 replacement)
** Olmsted Falls <F minus>
Among the worst we have seen. (2001 replacement)
Invalid Ordinances
473.04 MINIMUM AGE OF BICYCLE OPERATOR.
No person who has not yet attained the age of eleven years shall operate a bicycle
upon the roadway portion of any street of the Municipality if a sidewalk is
available parallel thereto ...
474.06 SAFE RIDING REGULATIONS.
(e) Bicycles shall be operated on the right side of roadways as
near the curb, berm or shoulder as possible.
(f) Persons riding bicycles upon roadways shall ride in single file only and not
abreast, except on paths or parts of streets set aside for the exclusive use of bicycles.
(g) No person operating a bicycle on any roadway shall carry any package, bundle or article
in a manner which necessitates taking either hand from the handle bars.
(h) Wherever a designated, usable path for bicycles has been provided adjacent
to a street, bicycle riders shall use such path and shall not use the street.
474.066 RIDING BICYCLE UPON SIDEWALKS.
A person operating a bicycle shall ride upon the sidewalk rather than the
roadway when sidewalks are available, except that no person shall ride a
bicycle upon a sidewalk upon or along which signs have been erected by authority
of Council or other duly designated local authority prohibiting such bicycle
riding, or within a business district. At no time
shall a person under the age of eleven years operate a bicycle upon a
street.
** Orange <F minus>
Among the worst we have seen.
Invalid Ordinances
373.08 BICYCLE RIDING REGULATIONS.
(a) A person operating a bicycle shall ride upon the
sidewalk rather than the roadway when sidewalks are available, except
that no person shall ride a bicycle upon a sidewalk where signs have been erected
by authority of Council or other duly designated local authority prohibiting such
bicycle riding, or within a business district. At no time
shall a person under the age of eleven years operate a bicycle upon a street.
(b) Whenever a designated usable path for bicycles has been
provided adjacent to a street, bicycle riders shall use such path and shall not
use a street.
(d) No person shall ride a bicycle across or thorough an
intersection involving a through street. Such intersections are to be
crossed by walking a bicycle across or through the intersection.
** Painesville <D plus>
See
www.conwaygreene.com/pages/painesville.htm. (checked 1/02)
373.04 RIDING BICYCLES AND MOTORCYCLES ABREAST.
Invalid Ordinances
(b) All persons riding bicycles on the traveled roadway of
all thoroughfares shall keep close to the right hand curb, and shall ride in
single file in the direction of traffic.
373.08 RECKLESS OPERATION; CONTROL, COURSE AND SPEED.
No person shall operate a bicycle:
(d) Without both hands upon the handle grips except when
necessary to give the required hand and arm signals, ...
** Parma <C>
Consistent with pre 2006 Ohio Law.
** Parma Hts <C>
Consistent with pre 2006 Ohio Law. (1992 replacement)
** Pepper Pike <F minus>
Among the worst we have seen.
See
www.pepperpike.org/ordinances.asp (Checked 11/05. No revision date)
Invalid Ordinances
474.06 RIDING BICYCLES UPON SIDEWALKS.
A person operating a bicycle shall ride upon the sidewalk rather than the
roadway when sidewalks are available, except that no person shall ride a
bicycle upon a sidewalk upon or along which signs have been erected by authority
of Council or other duly designated local authority prohibiting such bicycle
riding, or within a business district. At no time shall
a person under the age of eleven years operate a bicycle on a street.
474.07 SAFE RIDING REGULATIONS FOR BICYCLES.
(a) Whenever a designated usable path for bicycles has been
provided adjacent to a street, bicycle riders shall use such path and shall not
use the street.
(c) No person shall ride a bicycle across or through any
intersection involving a through street. Such intersections are to be
crossed by walking the bicycle across or through the intersection.
Other problems include a requirement to ride single file and a helmet ordinance.
Fortunately, the helmet ordinance does have a negligence waiver.
** Richmond Heights <C minus>
Consistent with pre 2006 Ohio Law except for
a requirement to keep two hands on the handlebars.
** Rocky River <D>
See
www.rrcity.com/373.html.
Invalid Ordinance
373.10 RIDING REGULATIONS
(b) Wherever a designated path for bicycles has been
provided adjacent to a street, bicycle riders shall use such path and shall
not use the street.
** Seven Hills <C >
Consistent with pre 2006 Ohio Law except for
a requirement to keep two hands on the handle grips. See
www.sevenhillsohio.org/ordinances/NEW%20TRAFFIC%202.pdf (2005 replacement)
We are glad to see that bicycle registration is voluntary in the city:
"The owner of a bicycle may make application for registration of such bicycle ..."
(Emphasis added)
** Shaker Hts. <D minus> See
www.conwaygreene.com/lpshakerhts/lpext.dll?f=templates&fn=main-j.htm&2.0
(Complete to February 15, 2005)
Invalid Ordinances
Children are confined to dangerous facilities below. The second sentence
is good except it should apply to everyone.
1173.11 RIDING BICYCLES OR MOTORIZED BICYCLES UPON SIDEWALKS.
(a) No person under the age of fourteen (14) years shall operate
a bicycle on the roadways within the city, provided sidewalks are available.
Persons fourteen (14) years and older may operate a bicycle upon
the roadways, but shall be governed by the same provisions of this Traffic Code
relative to right of way as other vehicles. ...
(c) No person under the age of fourteen (14) years shall
ride a bicycle or motorized bicycle, upon any public or private property used
by the public for the purpose of vehicular travel or parking.
The brake requirement below is irresponsible. It is generally impossible
(and extremely dangerous to try) to skid the front wheel of a bicycle as
suggested here.
1173.07 MOTORCYCLE AND MOTORIZED BICYCLE BRAKES; SIDE REFLECTORS.
(a) Every bicycle, motorized bicycle and motorcycle shall be
equipped with a brake which will enable the operator to make the braked wheel or
wheels skid on dry, level and clean pavement.
The helmet ordinance below is one of the worst we have yet seen. It
completely lacks a negligence waiver and it applies to adults, not just
children. Note that the corresponding rule for motorcycle riders
1173.02(f) covers only those under age 18 and it ends with The provisions of
this subsection or a violation thereof shall not be used in the trial of any
civil action.
381.07 BICYCLE SAFETY.
(a) No person over the age of five years shall operate a
bicycle within the City unless such person is wearing a protective helmet on
his/her head, with the chin strap fastened under the chin. Such helmet shall be
fitted to the size of the operator and shall meet or exceed the standards set by
ANSI (American National Standards Institute) or SNELL (Snell Memorial
Foundation).
We are also troubled by requirements to lock bicycles, for bicycle licenses
(even for non-residents), to keep both hands on handle grips and the authority
for police to impound bicycles.
** Solon <C plus>
Mostly consistent with Ohio Law with some improvements and some mistakes.
Rating is based on changes of May 11, 2002. The prior rating was
<F minus>
See
www.solonohio.org/ordinance.htm
Provision below is poorly written -- could be interpreted to outlaw standing to pedal.
474.02 RIDING UPON SEATS; CARRYING PACKAGES; MOTORCYCLE HANDLE BARS;
HELMETS AND GLASSES. (c) A person shall ride upon a bicycle or motorcycle only while sitting astride the seat, facing forward, with one
leg on each side of the bicycle or motorcycle.
The "far right rule" is a bad law, hence the added exceptions in (a) below
are an improvement on pre-2006 state law. Unfortunately, it is not well
written. For example, a cyclist who is not turning right should not ride
in ANY PART of a right-turn-only lane.
474.04 RIDING ON RIGHT SIDE OF ROADWAY; RIDING ABREAST.
(a) Every person operating a bicycle upon a roadway shall ride as near to the
right side of the roadway, with the flow of traffic, as practicable, obeying all
traffic rules applicable to vehicles and exercising due care when passing a
standing vehicle or one proceeding in the same direction.
Exceptions to riding at the right edge of the road involve the
following situations; overtaking in the same direction; preparing for a left
turn; when necessary to avoid conditions; substandard width lanes; and when
riding in the right turn only lane.
(b) Persons riding bicycles upon a roadway shall ride in
single file in the following places:
(1) In business districts of the City;
(2) On through streets; and
(3) At other places where properly signed, or upon the order of a police officer,
Note: In addition to the IMPORTANT safety equipment (headlight, rear
reflector and rear light), Solon requires a useless front reflector, wheel
reflectors and a bell. But then Solon added more nuisance requirements,
contrary to state law. Ohio law requires rear reflector visible 100-600
feet. Zero feet is technically impossible. The strobe light
requirements are excessive and contrary to state law, which simply specifies a
headlight and rear light. Where are studies showing the safety and
effectiveness of a strobe light? Indeed, a bright strobe at the front may
distract other drivers.
474.05 LIGHTS, SIGNAL DEVICES, BRAKES ON BICYCLES.
(a) Every bicycle, when in use at the times specified in Section 438.02, shall
be equipped with the following:
(1) A lamp on the front that shall emit a white light visible from a distance of
at least 500 feet to the front, and a strobe light visible to
oncoming traffic;
(2) A red reflector on the rear of a type approved by the Ohio Director of
Public Safety that shall be visible from all distances from 0 feet
to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor
vehicle;
(3) A lamp emitting a red blinking or strobe light visible
from a distance of 500 feet to the rear shall be used in addition to the red reflector;
474.06 RIDING BICYCLES UPON SIDEWALKS.
A person may ride a bicycle upon the sidewalk,
rather than on the roadway; except that no person shall ride a bicycle upon a
sidewalk where signs have been erected prohibiting such activity.
At no time shall a person under the age of eight years
operate a bicycle on a street, unless accompanied by an individual over the age
of eighteen.
Comment: The provisions above are a considerable improvement over earlier
regulations. However, it is still an unnecessary and discriminatory
rule. Groups of children age 7-8 have been properly trained to ride
safely on residential streets. Knowledgeable parents can train a six year
old for such easy streets.
** Strongsville <F minus>
Among the worst we have seen. See
www.conwaygreene.com/strongsville.htm (2000 replacement)
Invalid Ordinances
474.06 RIDING BICYCLES UPON SIDEWALKS.
A person operating a bicycle shall ride upon the
sidewalk rather than the roadway when sidewalks are available, except
that no person shall ride a bicycle upon a sidewalk upon or along which signs
have been erected by authority of the Chief of Police or other duly designated
local authority prohibiting such bicycle riding, or within a business district.
At no time shall a person under the age of eleven
years operate a bicycle upon a street.
474.07 SAFE RIDING REGULATIONS FOR BICYCLES.
(a) Whenever a designated usable path for bicycles has
been provided adjacent to a street, bicycle riders shall use such path and shall
not use the street.
(c) No person shall ride a bicycle across or thorough an
intersection involving a through street. Such intersections are to be
crossed by walking a bicycle across or through the intersection.
** Twinsburg <C minus>
Consistent with pre 2006 Ohio Law except a
requirement to keep both hands on the handle grips. See
www.twinsburg.oh.us/ (checked 1/02)
** Village of Valley View <F minus>
Among the worst we have seen. (checked 1/02)
See www.valleyview.net/
Invalid Ordinances
474.06 RIDING BICYCLES UPON SIDEWALKS.
A person operating a bicycle shall ride upon the sidewalk
rather than the roadway when sidewalks are available, except that no
person shall ride a bicycle upon a sidewalk upon or along which signs have been
erected by authority of Council or other duly designated local authority
prohibiting such bicycle riding, or within a business district.
At no time shall a person under the age of eleven years
operate a bicycle on a street.
474.07 SAFE RIDING REGULATIONS FOR BICYCLES.
(a) Whenever a designated usable path for bicycles has been
provided adjacent to a street, bicycle riders shall use such path and shall not
use the street.
(c) No person shall ride a bicycle across or through any
intersection involving a through street. Such intersections are to be
crossed by walking the bicycle across or through the intersection.
** Walton Hills <C minus>
Consistent with pre 2006 Ohio Law except for
a requirement to keep two hands on the handle grips, some ambiguous
language about yielding to "vehicular traffic upon the roadway as lawfully
required" and a requirement to park in "areas designated for the purpose".
The concern is availability of secure bicycle parking and avoiding
"wheel bender" bike racks. (checked 2/02)
** Warrensville Heights <C minus>
Consistent with pre 2006 Ohio Law except for
a requirement to keep two hands on the handlebars. (checked 10/01)
** Westlake <D>
With one major exception and two smaller problems, Westlake's ordinances are now
generally consistent with the 2006 revisions to Ohio Law. See
www.cityofwestlake.org/pdfs/CodifiedOrdinances/DTraf.pdf
(Revised 4/07.) The previous rating was D-.
Westlake made several changes to correct violations of the Ohio Revised Code
requirement for uniform traffic law. Unfortunately, one serious problem
was missed in § 373.09 (plus other minor errors). We hope this was only a
clerical error that will be soon corrected. Once corrected, the rating will
improve to A-
373.09 RIDING REGULATIONS.
It shall be legal to ride a bicycle upon a sidewalk, street or public way, or
upon any path set aside for the exclusive use of bicycles,
except State, Federal or County highways, where sidewalks are
available, ...
Sub-section (c) below is inconsistent with ORC 4511.56(B), which no longer
requires a bell.
373.09(c) Whenever a person is riding a bicycle upon a sidewalk, street,
roadway or any pedestrian way, such person shall yield the right of way to any
pedestrian and shall give an audible signal before attempting to overtake and
pass a pedestrian or another bicycle. This audible signal
must be given only by a bell or other warning device capable of giving an
audible signal and shall be given at such a distance and in such a manner
as not to startle any person being overtaken and passed.
The requirement to use a bike rack is unnecessary micromanagement. Many
such racks are "wheel benders" that can damage a good bike.
373.13 PARKING.
(a) A bicycle shall be parked in a designated bicycle parking
area when they are provided. ...
We are also concerned by a provision to impound bicycles. This is an
example of the "toy bicycle syndrome."
Westlake has several new regulations concerning
new bike lanes that
opened on Apr. 1, 2007. The regulations are generally reasonable.
Unfortunately, the stripes on the road are traffic control devices that conflict
with the new regulations and with rules for turning drivers (both motor vehicle
and bike).
** Wickliffe <C minus>
Consistent with pre 2006 Ohio Law except for
requirements to keep two hands on the handle grips and a bicycle
license. (Checked 12/04)
See
www.conwaygreene.com/Wickliffe.htm
** Willoughby <C minus>
Consistent with pre 2006 Ohio Law except for
a requirement to keep two hands on the handle grips. Also,
Willoughby expects non-residents who cycle in the city to obtain a bicycle
license unless their home community has a reciprocal agreement with the city.
This is unworkable and contrary to uniform laws.
See
www.conwaygreene.com/willoughby.htm
** Woodmere <C>
Consistent with pre 2006 Ohio Law.
The problem laws in the Ohio Revised Code described below were deleted by House Bill 389, the "Better Ohio Bicycling Bill". However, many local ordinances have yet to be brought into compliance.
§4511.56 (A) Every bicycle when in use at the times specified in section
4513.03 of the Revised Code, shall be equipped with the following:
(4) An essentially colorless reflector on the front of a
type approved by the director;
(5) Either with tires with retroreflective sidewalls
or with an essentially colorless or amber reflector mounted on the
spokes of the front wheel and an essentially colorless or red reflector
mounted on the spokes of the rear wheel. Each reflector shall be
visible on each side of the wheel from a distance of six hundred feet
when directly in front of lawful lower beams of head lamps on a motor
vehicle. Retroreflective tires or reflectors shall be of a type
approved by the director.
(B) No person shall operate a bicycle unless it is
equipped with a bell or other device capable of giving a signal audible
for a distance of at least one hundred feet, except that a bicycle shall
not be equipped with nor shall any person use upon a bicycle any siren
or whistle.
(Note: "CSPC Approved" bike reflectors are much dimmer than
SAE auto reflectors, which are unlikely to be "approved by the
director".)
The problem with the provision below is there are situations where giving a
turn signal can interfere with safe operation, such as when hands are needed
for steering or to operate brakes.
§4511.39 When required, a signal of intention
to turn or move right or left shall be given continuously during not less
than the last one hundred feet traveled by the vehicle or trackless trolley
before turning.
Some local ordinances require keeping two hands on the handlebars except when
signaling for a turn. This is another unnecessary, nuisance law. The
Ohio Rev. Code, §4511.53 is more reasonable: "No person operating a bicycle shall
carry any package, bundle, or article that prevents the driver from keeping at
least one hand upon the handle bars."
Some people object to helmet laws on libertarian grounds. A helmet will not prevent an accident, but it is good, cheap insurance to prevent brain injury. It can be your "last line of defense". (The first is not causing a crash yourself; the second is avoiding potential accident situations; the third is escaping from an accident, the fourth is avoiding getting hurt after an accident has occurred.)
This author does not consider helmet laws to be a "nuisance", although local helmet laws are inconsistent with the concept of uniform traffic laws, they distract attention from avoiding accidents and there is some evidence that helmet laws discourage cycling. If there is a "helmet law" it must include a strong negligence waiver.
If the city offers a registration program (to assist police in returning
lost or stolen bicycles to the owner), such program must be voluntary.
The UVC adopted both the "as far right as practicable" rule (§11-1205a) and the "mandatory-side-path rule" (§11-1205c) in 1944. After experienced cyclists pointed out the dangers of these laws and the liability problems they can cause, the "mandatory sidepath rule" was removed from the UVC in 1976. Most states have since removed it from their traffic laws. Likewise, after warnings from cyclists, NCUTLO added exceptions to the "far right" rule, in 1979. These exceptions cover (1) When overtaking and passing another bicycle or vehicle proceeding in the same direction. (2) When preparing for a left turn at an intersection or into a private road or driveway. (3) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane. The UVC is being amended to add a fourth exception. This involves the conflicts that occur between right-turning traffic and cyclists riding too close to the right edge of the road.
Cycling advocates including Chuck Smith of the Ohio Bicycle Federation have been able to get some other reforms in the UVC, including adding to the "Slow vehicle rule" (§11-301(b)), The intent of this subsection is to facilitate the overtaking of slowly moving vehicles by faster moving vehicles. We are working on further reforms.
The UVC does not yet recognize that it is unsafe to ride on the extreme right under several other situations, including: (5) When a cyclist at the edge of the road would not be adequately visible to motorists; (6) When stopped at a traffic light where motorists may be tempted to "hook" around the cyclist in order to turn right on red. (Instead, a cyclist should move left to allow turning motorists to pass on the right.); (7) At a blind curve or hill where passing may not be safe; (8) When crossing oblique railroad tracks or similar "slot" obstructions; (9) If there is any other safety hazard that requires riding further left.
This "as far right as practicable" rule is frequently
misunderstood. Effective Cycling describes a case from California
some years ago where a cyclist was ticketed and convicted for riding a straight
line just outside the "door zone" of parked cars rather than weaving in and out
of gaps between the parked cars (which occupied about 1/3 of the parking
spaces). In this case, "practice+able" was interpreted in an absurd and
dangerous way by police and a judge ignorant of safe bicycle operation. A
much better rule that protects the rights of both cyclists and motorists is that
cyclists must not unnecessarily impede lawful motor traffic.
"The average cyclist in this study incurs a risk on the sidewalk 1.8 times as great as on the roadway. The risk on the sidewalk is higher than on the roadway for both age groups, for both sexes, and for wrong-way travel. The greatest risk found in this study is 5.3 times the average risk for bicyclists over 18 traveling against traffic on the sidewalk."Adult Bicyclists in the United States: Characteristics and Riding Experience in 1996, by William Moritz, Transportation Research Record 1636. (Bicycle and Pedestrian Research 1998), p. 1, 1998."Wrong-way sidewalk travel is 4.5 times as dangerous as right-way sidewalk travel. Moreover, sidewalk bicycling promotes wrong-way travel: 315 of 971 sidewalk bicyclists (32 percent) rode against the direction of traffic, compared to only 108 of 2,005 roadway bicyclists (5 percent)."
"Even right-way sidewalk bicyclists can cross driveways and enter intersections at high speed, and they may enter from an unexpected position and direction for instance, on the right side of overtaking right-turning traffic. Sidewalk bicyclists are also more likely to be obscured at intersections by parked cars, buildings, fences, and shrubbery; their stopping distance is much greater than a pedestrian's, and they have less maneuverability."
Moritz surveyed about 2000 adult US cyclists--LAB members-- and calculated a "Facility Relative Danger Index" for each type of facility. The RDI is the fraction of crashes for a particular facility divided by the fraction of kilometers ridden on that facility type; if crashes occurred in proportion to distance traveled, the RDI would be 1.0The facility type "Other (most often sidewalk)" had an RDI of 16.34, by far the highest. Multi-use trails RDI was 1.39. On-street bike lanes RDI was 0.41. Minor roads/streets without specific bicycle facilities had RDI 0.94. Major roads/streets w/o bike facilities had RDI 0.66.
In 1983, Gainesville Florida settled out of court with a cyclist injured on a poorly-maintained sidewalk on NW 38th Avenue that had been marked with "bike route" signs. The signs were removed after the settlement.
The American Law Reports, 2nd Series provides accounts about municipal liability for injury from defects or obstructions on sidewalks. One case cited is Hill v. Reaves, 224 Ala 205, 139 So 263 (1932). "It is ... well settled that the proper place for the operation of all vehicles designed for speed or draft is in the speedway of the street, and not upon the sidewalk, which is set apart for the use of pedestrians, vehicles for cripples, invalids, and baby buggies, propelled by a pedestrian; that a bicycle is a 'vehicle' designed for speed, and its proper place is upon the highway or street proper."
In a web article in "The Ralston Interface" Bob Soetebier gives this brief report: "The city of Austin, Texas lost $4.5 million dollars from one single bicycle path-injury lawsuit!"
John Allen's article "Bicycle sidepaths: crash risks and liability exposure" gives links for several studies showing elevated risk for sidewalk/sidepath cycling ranging from two to ten times as high as the street. The article also mentions the potential liability for improper bicycle facilities.
A fatal accident illustrates the hazard to pedestrians from sidewalk cyclists. On May 19, 2003 in Amelia, OH (near Cincinnati) 22 year old cyclist Gary Hamblin Jr. collided with 54 year old pedestrian Bill Abrams. Abrams fell, striking his head and died shortly afterwards. Fortunately, the city has no "sidewalk laws" or any other unsafe bicycle traffic ordinances. Thus, the city should have no liability from this accident.
"In residential areas, sidewalk riding by young children is common. With lower bicycle speeds and lower cross street auto speeds, potential conflicts are somewhat lessened, but still exist. Nevertheless, this type of sidewalk bicycle use is accepted..." [p. 20]
"...Sidewalks are typically designed for pedestrian speeds and maneuverability and are not safe for higher speed bicycle use. Conflicts are common between pedestrians traveling at low speeds (exiting stores, parked cars, etc.) and bicyclists, as are conflicts with fixed objects (e.g., parking meters, utility poles, sign posts, bus benches, trees, fire hydrants, mail boxes, etc.) Walkers, joggers, skateboarders and roller skaters can, and often do, change their speed and direction almost instantaneously, leaving bicyclists insufficient reaction time to avoid collisions."
"Similarly, pedestrians often have difficulty predicting the direction an oncoming bicyclist will take. At intersections, motorists are often not looking for bicyclists (who are traveling at higher speeds than pedestrians) entering the crosswalk area, particularly when motorists are making a turn. Sight distance is often impaired..." [p.58]Excerpt from Policy and Procedure for Bicycle Projects, Ohio-DOT, 1988, "BICYCLES ON SIDEWALK TYPE BIKE PATH"
The quotation below was taken from Selecting Roadway Design Treatments to Accommodate Bicycles, US Dept. of Transportation Publication No. FHWA-RD-92-073. In turn, the US DOT was quoting the Bicycle Master Plan, Oregon Department of Transportation, Salem, OR, May 1988.
"Sidewalks are generally inappropriate for use by adults because they put the adult bicyclist in conflict with motorists using driveways, and with pedestrians, utility poles and signposts. Also, the cyclist is generally not visible or noticed by the motorist so that the cyclist suddenly emerges at intersections, surprising the motorist and creating a hazardous condition."
From the Traffic Safety Toolbox published by the Institute of Transportation Engineers (1993)
"Sidewalk bike paths. From the late 1970s through the mid-1980s a number of communities signed some sidewalks or built new paths for bicyclists parallel to roadways. Several states even passed laws forcing bicyclists to use such facilities if they existed. Bicycle/car crashes increased dramatically in some corridors, especially at driveways, intersections, on bridges, and other locations. Sidewalk or paths parallel to a roadway force bicyclists to ride against traffic half of the time. In either direction, motorists are often surprised by the presence of cyclists [on sidepaths], since [motorists] are neither conditioned nor capable of searching these locations for traffic moving at 8-15 mph. Many pedestrians were also hurt, or complained that it was no longer comfortable to walk. Also, many motorists became less considerate of bicyclists who continued to use the often safer roadway sections.--in no case should a bicyclist be forced to use the sidewalk pathway. Never sign a sidewalk or parallel path as a bikeway, since many motorists who see these signs will assume that those bicyclists riding on the roadway section are not permitted to be there."
From the Traffic Control Devices Handbook published by the Institute of Transportation Engineers.
Problems with Parallel Separated Paths
It is frequently assumed that a separated parallel pathway along an arterial street or highway will provide a superior facility for bicyclists than the provision of on-street accommodations. While a parallel path may be aesthetically appealing, and may serve pedestrians well, the use of sidewalks or parallel separated paths for bicycle accommodation creates the following problems:
These paths will operate as sidewalks, and will be used in both directions, despite signing to the contrary. Bicyclists coming from the right will not be noticed by drivers emerging from or entering cross streets and driveways. See Figure 13 for diagrams that show these potential conflicts.
Travel in the direction opposite the flow of traffic is particularly hazardous during hours of darkness, because bicyclists may be blinded by oncoming motor vehicle headlamps.
At intersections, drivers will not be looking for bicyclists, who will be traveling much faster than pedestrians, to enter the crosswalk area.
At approaches to intersections, parked vehicles interfere with the visibility of bicyclists to road users. Also, at driveways sight distances on sidewalks and sidepaths are often impaired by buildings, property fences, vegetation, and other obstructions.
Stopped cross street motor vehicle traffic or vehicles exiting side streets or driveways may block the sidepath or sidewalk.
These paths are typically not safe for higher-speed use. Due to the speed differential, conflicts between bicyclists and pedestrians are common. Fixed objects such as parking meters, utility poles, sign posts, bus shelters and benches, trees, hydrants, and cross-sloped sidewalk ramps also pose a hazard to bicyclists.
The development of extremely wide sidewalks or sidepaths does not necessarily add to the safety of bicycle travel, as wide sidewalks and paths will encourage higher speed bicycle use, magnifying the potential for conflicts at intersections and driveways, and conflicts with pedestrians and fixed objects.
Many bicyclists will use the roadway instead of the sidewalk or sidepath because they have found the highway to be safer, more convenient, or better maintained. Bicyclists using the roadway are often subjected to harassment by motorists, who feel that in all cases bicyclists should be on the sidepath or sidewalk instead.
There is the potential on sidewalks for bicyclists to accidentally ride off the curb, possibly causing a fall or collision with traffic on the roadway. While pathways may reduce the possibility of such collisions by using the recommended 1.5 m (5 ft) separation between the path and the roadway, such pathways will still be vulnerable to most of the other problems listed here.
Experience has shown that the use of STOP or YIELD signs on sidewalks and pathways to reduce conflicts at driveways and cross streets has little or no benefit. Bicyclists will not comply with unreasonable restrictions on their right of way, especially if the adjacent roadway has no such limitations. This may also breed disrespect for other traffic control devices that are far more important for traffic safety.
Rather than just asking communities to repeal bad laws, we provide model bicycle ordinances to adopt. Improvements to the Uniform Vehicle Code have been discussed on cycling discussion lists on the Web. These discussions involve some of the world's most experienced cyclists. The Model version of the UVC will be useful in efforts to reform state and local laws. The author is currently involved with a committee in another law reform project. The goal is to develop model state laws and then to rate the laws of all 50 states and the Uniform Vehicle Code against this model. You can see the work of this committee at Preliminary results of law-reform committee.
Model Local Laws: We emphasize that local laws must not conflict
with the state traffic code.
You can see a package of model local bicycle ordinances from this
link.
Characteristics of the Ideal Law: [1]
Proper Enforcement
Correct enforcement of traffic law is as important as having good laws.
This means the police must be properly trained in bicycle operation and they
must understand bicycle laws. Misinformed police occasionally make errors
of commission (by harassing lawful cyclists for riding in ways that they
think are dangerous) and they often make errors of omission (by ignoring
illegal practices that lead to accidents.)
Dangerous and illegal practices that police must stop through education and enforcement include: (1) Riding without lights in the dark; (2) Riding on the wrong side of the road; (3) Failure to stop for traffic signals; (4) Motorist assault, intimidation and harassment.
Although riding on sidewalks is generally not illegal, police must discourage this bad practice by all but the youngest children, unless it is done at very slow speeds. They must particularly discourage sidewalk riding in the opposite direction as traffic on the adjacent roadway and sidewalk riding in commercial areas where crossing busy driveways is especially hazardous.
When police enforce stop signs, they must do so fairly and not single out
cyclists while ignoring similar infractions by motorists. It is less
serious for a cyclist to "roll" a stop sign than a motorist because the cyclist
creates much less hazard to society. Remember, the essential duty at a
stop sign is yielding to traffic that has the right of way. One more
concern for police: If the vehicle detectors in the city do not work for
cyclists, the city has broken its social contract. How then can the city
expect to enforce against all but the most egregious traffic light offenses by
cyclists?
Major improvements to Ohio's Bicycling laws became effective on September 21, 2006 thanks to the work of the Ohio Bicycle Federation. You can read the bill as passed by the 126th Ohio General Assembly at www.legislature.state.oh.us/bills.cfm?ID=126_HB_389.
The Uniform Vehicle Code (see above) removed its mandatory-use-of-sidepath ordinance in 1976. Most states have since removed their versions of this restriction. The UVC now includes several exemptions to the "far right" language (but still has not removed the confusing language). State laws (like Ohio's) with these restrictions, in addition to being dangerous, are over twenty years out of date.
In Vandalia, Ohio (near Dayton), Chuck Smith of the Ohio Bicycle Coalition convinced his community to repeal two bad ordinances: (1) a mandatory sidepath law, which required riding on bikepaths and (2) a requirement to dismount and walk bicycles across all intersections. He established a Bicycle Advisory Committee to advise the City Engineer. The Committee has become as much a part of the city structure as the Zoning Appeals Board and the Parks and Recreation Board. Accomplishments include: (1) Replacing 17 dangerous straight bar drainage grates , (2) Adjusting the sensitivity on vehicle detectors so they detect bicycles, (3) Adding secure bicycle parking at City Hall, Justice Center and Recreation Center.
In 2004, the Ohio Bicycle Federation awarded the first Cyclist Friendly Communities Award to Vandalia, Ohio. In addition, the Dayton Cycling Club presented a "Service to Cyclists Award" to the Vandalia City Engineer. Safe and equitable laws are an important part of being Cyclist Friendly. The second CFC award will soon be presented to NASA Glenn Research Center.
In Middleburg Hts. OH, a mandatory sidewalk law for children under age 14 was repealed in April 2001. It took 10 months and several meetings with the safety committee but the repeal ordinance passed 7-0. The committee chairman was concerned about young children in the street but he accepted my suggestion that it is parents' duty to teach their children and to determine when they are ready to use the street. Our next job is teaching children and especially parents about safe bicycle practices.
Solon, Ohio repealed several very dangerous bicycle laws in 2002. This may have been partly in response to this article.
 Councilman Colonna accepting OBF award |
Brook Park, Ohio enacted most of the Model Local Laws (Mar 2003). Brook Park now has some of the best bicycle driving ordinances in the state. The Ohio Bicycle Federation presented a "Good Cycling Laws" award to the city in April 2003. City residents Ron & Cathy McCutcheon started the process by telling Councilman Danny Colonna about the problem and then by providing copies of this article to members of council.
Councilman Colonna then worked with with the mayor and other members of Council to adopt the Model Laws.
North Olmsted, Ohio repealed a sidewalk law except for children and now requires only those operating on sidewalks to walk through intersections. However, they still mandate riding on sidepaths and require children to ride on dangerous sidewalks.
Westlake, Ohio revised its ordinances to bring most of them into compliance with the Ohio Revised Code as of 2006. (However, they missed a few.)
The account below is from the
North Carolina Coalition for Bicycle Driving
Cary [N. Carolina] legalized cycling on sidewalks by adults in 1999, and
prepared to build an asphalt sidewalk as a bicycle path during an important road
widening project (Davis Drive) instead of the wide (14') outside lanes
recommended by NCDOT. Cary's mandatory laws would require all cyclists to
use the asphalt sidewalks, which have been shown to be the most dangerous
facilities for cyclists, instead of the roadway. Cyclists from the North
Carolina Bicycle Club (and now members of the North Carolina Coalition for
Bicycle Driving) lobbied for the discriminatory laws to be repealed.
Members of the Cary Town Council, town staff, and the chief of police were very
thoughtful and responsive to cyclists' concerns and spent significant time
discussing the matter. After about a year, however, the only proposed
change to the ordinance was to change the wording in ways that would still
require all cyclists to use the asphalt sidepath and not the street. The
cyclists then sent the following letter* to the Town Manager, head of the
Engineering department and the Chief of police shortly before the ordinance was
to be amended. The objectionable sections of the ordinance were
subsequently repealed. Also, thanks to the efforts of Cary Town Council
members, 14' outside lanes were added back to the plans for Davis Drive.
* You can see the letter on the web site shown above.
[1] From the book The Moon, Resources, Future Development and Colonization, David G. Schrunk, Burton L. Sharpe, Bonnie L. Cooper and Madhu Thangavelu, New York: Wiley, 1999.
© Copyright 1999-2007 Fred Oswald. Non Commercial
distribution authorized.
Check for updates at www.clevelandbikes.org and http://bikelaws.org/cb/
Direct any comments, suggestions or additional info. to
Fred Oswald
13677 Old Pleasant Valley Rd, Middleburg Hts, OH 44130.
The author is a Professional Engineer
in Ohio and a certified "League Cycling Instructor".
For additional information about cycling in traffic, see the
author's web site.