This article needs additional citations for verification .(March 2024) |
Bicycle law in the United Statesis the law of the United States that regulates the use of bicycles. Although bicycle law is a relatively new specialty within the law, first appearing in the late 1980s, its roots date back to the 1880s and 1890s, when cyclists were using the courts to assert a legal right to use the roads. In 1895, George B. Clementson, an American attorney, wrote The Road Rights and Liabilities of Wheelmen , the first book on bicycle law, in which he discussed the seminal cases of the 1880s and 1890s, which were financed by Albert Pope of Columbia Bicycles, and through which cyclists gained the right to the road. [1]
By the mid-1980s, a substantial body of law pertaining to bicycles had developed, and a few attorneys had begun specializing in bicycle law. Today, attorneys specializing in bicycle law represent professional athletes, as well as average cyclists, on issues ranging from professional contracts, to traffic accidents, to traffic tickets. In addition, attorneys specializing in bicycle law may advise cyclists on other legal issues, such as bicycle theft, insurance, harassment of cyclists, defective products law, and non-professional contractual issues.
Many U.S. states require by law that children wear helmets while bicycling.
The development of the bicycle occurred over a period of some seventy years, during which time it enjoyed three separate booms in popularity. And yet, throughout that seventy-year period, cyclists had no legal right to use the roads or walkways.[ citation needed ] With the twin developments of the safety bicycle and the pneumatic tire, bicycles enjoyed a new boom of popularity, beginning in the 1880s, and culminating in the bicycle craze of the 1890s. Until the 1890s, the bicycle had been the plaything of wealthy young men. Now, for the first time, the bicycle came within reach of the middle class, and by the end of the decade, within the reach of the working class. The resulting tidal wave of popularity meant that roads which had hitherto been the province of horses and horse-drawn carriages were now increasingly crowded with cyclists; in some large cities, recreational cyclists numbered in the hundreds of thousands on the weekends. [2] This enormous surge in new cyclists inevitably led to chaotic conditions and conflict between cyclists, horses and horse-drawn carriages, and pedestrians. This conflict was exacerbated by the fact that few traffic laws were in place to regulate traffic. Furthermore, nobody really knew if existing laws even applied to cyclists. Unused to sharing the roads, carriage-drivers challenged the right of cyclists to even be on the road, sometimes with physical force, and sometimes with the force of law. [3] Municipalities passed restrictive ordinances, and eager to collect a new source of revenue from fines, law enforcement agencies set creative traps to ensnare unwary cyclists. [4] Thus, the stage was set for a legal battle cyclists asserting their right to use the roads, and those who would ban them from the roads.
While "the courts [had] decided that a bicycle is a common carriage and has the same right on the road as any other carriage," by July 1883, [5] the New York State Legislature was the first legislative body to resolve the conflict with the passage in 1887 of An Act in Relation to the Use of Bicycles and Tricycles. This statute established for the first time that bicycles are "carriages," and that cyclists are "entitled to the same rights and subject to the same restrictions" as drivers of carriages. [6]
The Uniform Vehicle Code provides, essentially, that bicyclists have the same rights and responsibilities as operators of automobiles, except where the law specifies otherwise or where it can naturally have no applicability. [7] A basic statement of cyclists' rights and responsibilities has been adopted in the vehicle codes of most American states.
Some laws require bicycles to be registered (e.g., before residing in a city for more than 30 days), and some require the display of identifying imprints or publicly visible license plates. The main purpose is usually to facilitate the quick identification and return of stolen property, since bicycle theft is one of the most common crimes in many areas. Some laws also require the reporting of new and used bicycle sales.
Law enforcement may use registration laws to detain riders and/or impound unregistered bicycles, as well as issue criminal summonses. [8] [9]
Many laws allow police to confiscate bicycles parked illegally. Other laws require bicycles to be confiscated and returned to their registered owners if they are "abandoned", which can mean parked for an extended period of time (like 7 days). Bicycle theft is so common in some areas that simply parking a bicycle, but not locking with a theft-deterrent device such as a padlock can be considered abandonment.
In most cases, it is legal for cyclists to ride on roads in the United States. However, only vehicles that meet certain specifications are required to bear a license plate. This can make it very difficult to report violations of state vehicle codes to police.
Many states require bicyclists to follow the same signs and signals as automobile operators, with some notable exceptions. These include laws allowing cyclists to follow the pedestrian (rather than automobile) signals at some intersections, as well as the "Idaho stop" and similar stop-as-yield laws allowing cyclists to pass through stop signs and red lights when it is safe to do so.[ citation needed ]
At least one state mandates a forward-facing white light visible up to 600 feet away, as well as a rear-facing red light visible up to 600 feet away, not just reflectors, at night. At least one state also mandates an "audible signal", day or night, which can be heard not less than 100 feet away (but not a whistle or siren). [10]
In every state there is a provision in the statutes which stipulates occupying a lane as nearly as practicable. Riding on the edge of a travel lane is a modern phenomenon based on the often misunderstood statute "As far to the right hand side of the boundary or curb as practicable". This is a throwback to the predominant mode of transportation at the time traffic laws were formulated, namely the horse and cart. The horse and cart would often take up an entire half of a width of road space if not more. Bicycles by their very nature can not take up more than half and all statutes mandating "As far to the right as practicable" leave the caveat of "Allowing reasonably free passage to the left". This modern day misunderstanding of a statute which was a product of its time, has led to many a cyclist being killed or critically injured. The basis of this misunderstood statute has also led to the production of bike lanes which do not take into account the safety of the cyclist. [11] Many laws require bicyclists to remain as close to the edge of the roadway as practicable, in the normal direction of travel. Exceptions are common for preparing for a cross-traffic turn (left in the United States), going straight on the left side of a right-turn-only lane, avoiding hazards, and going the speed of other traffic. Another common exception is where there is no room for an automobile to safely pass. Some of these laws specify distances, such as 3 feet (0.91 m) from the curb, or using no more than 1/3 of the navigable lane.
Many municipalities have specially marked bicycle lanes on the roadway, or special bicycle-only paths. These are for bicyclists only, and no car may be operated on them (except to cross over them in making a turn). Other paths are marked as multi-use paths and set aside for pedestrians, bicyclists, and users of non-road-worthy devices such as skateboards and scooters. Some laws require bicyclists to use a bicycle path if one is available on the same roadway.
The law on sidewalks and crosswalks is not always well-developed, since other vehicles are not allowed there. Some states and municipalities forbid bicycle riding on sidewalks unless otherwise marked. Others allow it unless otherwise marked. Some require that riders use only the sidewalk on the right or left side of the roadway (whichever is the normal direction of travel on the roadway). A few laws may prohibit riding in crosswalks.
Many laws specify that right-of-way must be given to pedestrians, and that an audible signal must be given when overtaking a pedestrian on a sidewalk.
Motor vehicles are often prohibited from crossing a sidewalk until right-of-way has been given to approaching pedestrians and bicyclists.
Most bicycle safety manuals recommend stopping and walking at crosswalks when riding down a sidewalk. But few laws actually make that requirement. When it has come up in courts, many judges have decided that riding a bicycle across a crosswalk is covered under the specific laws for pedestrians rather than those concerning vehicles.
Some municipalities have push buttons for pedestrians to receive a pedestrian crossing signal. When a bicyclist is using a crosswalk, it is advisable to follow the pedestrian laws.
Some municipalities have push buttons or automatic sensors labeled for bicyclists only. In many cases, there is no specific law requiring the bicyclist to push the button when riding on the street, and in many cases the buttons are so awkwardly positioned that the bicyclist does not encounter them as a road sign, and does not encounter them when preparing for a left turn. The light may not change without an automobile waiting at the same light. Many bicyclists seek "no action" letters from those municipalities saying that they will not get a ticket if they treat such intersections safely as a 4-way stop, proceeding only when safe to proceed. The results are not yet clear.
Bicyclists are often prohibited from using freeway ramps, and, sometimes, the freeways themselves (controlled entry, controlled exit roadways). The main exception is usually that if there is no alternative road then a bicyclist may use the freeway. This is usually between cities. Some places may have signs saying that bicycle riding ends and all bicyclists must exit at the next ramp. Many have signs on the entry ramps prohibiting bicycle riding. Some laws require bicyclists not only to remain as far to the edge of the freeway as possible, but to actually ride off the freeway, on the shoulder, if one is available. Some freeways have minimum speeds to use the normal lane, but it rarely affects bicyclists because they virtually always use the shoulder, except when crossing over entry and exit ramps. Cyclists are always advised to give right-of-way to motor vehicle operators in these situations, even stopping and waiting if necessary, for safety.
Bicyclists are prohibited from using certain areas, usually for reasons of conservation or to preserve trails for pedestrians only.
Many municipalities allow bicycles to be attached to or carried onto buses and trains. The guidelines and requirements for safely moving and stowing the bicycle are sometimes incorporated into the general law on using the public transportation. For example, in Tempe, AZ, USA, failing to follow the storage rules on the light rail can be considered being on the train without paying the proper fare.
Some laws prohibit bicycle riding in commercial areas, such as on the sidewalks in front of stores. In other places a sign erected by a government must be followed, such as with no-riding zones in a college campus.
Private signs are common that prohibit riding in certain areas. Specific laws may prohibit riding on store-front sidewalks or where private or government prohibitive signs are posted. In the absence of such laws, trespassing laws, although vague in scope, are sometimes used to charge the bicyclist with criminal trespassing, that is, entering the property without permission, when a no trespassing sign is posted at the property line, with permission considered withheld at the first breaking of a posted rule.
Traffic comprises pedestrians, vehicles, ridden or herded animals, trains, and other conveyances that use public ways (roads/sidewalks) for travel and transportation.
A sidewalk, pavement, footpath in Australia, India, New Zealand and Ireland, or footway is a path along the side of a road. Usually constructed of concrete, pavers, brick, stone, or asphalt, it is designed for pedestrians. A sidewalk is normally higher than the roadway, and separated from it by a kerb. There may also be a planted strip between the sidewalk and the roadway and between the roadway and the adjacent land.
Jaywalking is the act of pedestrians walking in or crossing a roadway if that act contravenes traffic regulations. The term originated in the United States as a derivation of the phrase jay-drivers, people who drove horse-drawn carriages and automobiles on the wrong side of the road, before taking its current meaning. Jaywalking was coined as the automobile arrived in the street in the context of the conflict between pedestrian and automobiles, more specifically the nascent automobile industry.
Bicycle law in California is the parts of the California Vehicle Code that set out the law for persons cycling in California, and a subset of bicycle law in the United States. In general, pretty much all the same rights and responsibilities that apply to car drivers apply to bicycle riders as well.
Bike lanes (US) or cycle lanes (UK) are types of bikeways (cycleways) with lanes on the roadway for cyclists only. In the United Kingdom, an on-road cycle-lane can be firmly restricted to cycles or advisory. In the United States, a designated bicycle lane or class II bikeway (Caltrans) is always marked by a solid white stripe on the pavement and is for 'preferential use' by bicyclists. There is also a class III bicycle route, which has roadside signs suggesting a route for cyclists, and urging sharing the road. A class IV separated bike way (Caltrans) is a bike lane that is physically separate from motor traffic and restricted to bicyclists only.
Vehicular cycling is the practice of riding bicycles on roads in a manner that is in accordance with the principles for driving in traffic, and in a way that places responsibility for safety on the individual.
Dooring is the act of opening a motor vehicle door into the path of another road user. Dooring can happen when a driver has parked or stopped to exit their vehicle, or when passengers egress from cars, taxis and rideshares into the path of a cyclist in an adjacent travel lane. The width of the door zone in which this can happen varies, depending upon the model of car one is passing. The zone can be almost zero for a vehicle with sliding or gull-wing doors or much larger for a truck. In many cities across the globe, doorings are among the most common and injurious bike-vehicle incidents. Any passing vehicle may also strike and damage a negligently opened or left open door, or injure or kill the exiting motorist or passenger.
Non-motorized access on freeways may allow or restrict pedestrians, bicyclists and other non-motorized traffic to use a freeway. Such roads are public ways intended primarily for high-speed travel over long distances, and they have resulted in highways in the United States with engineering features such as long sight-distances, wide marked lanes and the absence of cross traffic. These provide faster and safer travel, at least for vehicles driving at similar speeds.
A wide outside lane (WOL) or wide curb lane (WCL) is an outermost lane of a roadway that is wide enough to be safely shared side by side by a bicycle and a wider motor vehicle at the same time. The terms are used by cyclists and bicycle transportation planners in the United States. Generally, the minimum-width standard for a WOL in the US is 14 feet. A wide outside through lane (WOTL) is a WOL that is intended for use by through traffic.
Turn on red is a principle of law permitting vehicles at a traffic light showing a red signal to turn into the direction of traffic nearer to them when the way is clear, without having to wait for a green signal.
Complete streets is a transportation policy and design approach that requires streets to be planned, designed, operated and maintained to enable safe, convenient and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. Complete Streets allow for safe travel by those walking, cycling, driving automobiles, riding public transportation, or delivering goods.
In the United States, road signs are, for the most part, standardized by federal regulations, most notably in the Manual on Uniform Traffic Control Devices (MUTCD) and its companion volume the Standard Highway Signs (SHS).
Road signs in Israel are regulated by the Ministry of Transportation in the Division of Transportation Planning, most recently set forth in June 2011.
Cycling in Illinois encompasses recreation, bikeways, laws and rules, and advocacy. The director of the Illinois Department of Natural Resources, Joel Brunsvold, explained Illinois cycling opportunities: “Bicycle riding is one of the most popular outdoor recreational activities in Illinois, enjoyed by young and old alike...Illinois has a variety of trails for the public to enjoy. The terrain includes flat prairie land to rolling hills, towering bluffs to the breathtaking river and lakefront views.” Many communities across the state are updating bicycle infrastructure in order to accommodate the increased number of cyclists on the roads.
Bicycle law is the parts of law that apply to the riding of bicycles.
Road signs in Canada may conform to the Manual of Uniform Traffic Control Devices for Canada (MUTCDC) by the Transportation Association of Canada (TAC) for use by Canadian jurisdictions. Although it serves a similar role to the MUTCD from the US Federal Highway Administration, it has been independently developed and has a number of key differences with its American counterpart, most notably the inclusion of bilingual (English/French) signage for jurisdictions such as New Brunswick with significant anglophone and francophone population, and a heavier reliance on symbols rather than text legends.
Terminology related to road transport—the transport of passengers or goods on paved routes between places—is diverse, with variation between dialects of English. There may also be regional differences within a single country, and some terms differ based on the side of the road traffic drives on. This glossary is an alphabetical listing of road transport terms.
There is debate over the safety implications of cycling infrastructure. Recent studies generally affirm that segregated cycle tracks have a better safety record between intersections than cycling on major roads in traffic. Furthermore, cycling infrastructure tends to lead to more people cycling. A higher modal share of people cycling is correlated with lower incidences of cyclist fatalities, leading to a "safety in numbers" effect though some contributors caution against this hypothesis. On the contrary, older studies tended to come to negative conclusions about mid-block cycle track safety.
Road signs in South Africa are based on the SADC-Road Traffic Sign Manual, a document designed to harmonise traffic signs in member states of the Southern Africa Development Community. Most of these signs were in the preceding South African RTSM.
Road signs in Lesotho are based on the SADC Road Traffic Signs Manual, a document designed to harmonise traffic signs in member states of the Southern Africa Development Community. Therefore, road signs do not differ in design from road signs used in neighbouring South Africa. Lesotho drives on the left.
{{cite web}}
: CS1 maint: archived copy as title (link)