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FAQ's : Legal and Policy Issues Are bicyclists allowed to ride on the roads? Are bicyclists supposed to ride as far to the right of the roadway as possible? Is it safer for bicyclists ride with traffic or to ride against traffic? Should bicyclists ride on the sidewalk on major roads? Are bicyclists allowed to ride on the sidewalk? Are bicyclists allowed to ride on Interstates? Does the Federal government have a policy on bicycle access to interstates? What is the safety record of bicyclists using interstates? Can separate bicycle facilities (shared use paths) be built within interstate rights of way? Are bicyclists required to wear helmets? Are bicyclists allowed to ride on the roads? Yes! In all 50 states, bicyclists are either considered vehicles or to have the same rights and responsibilities as the operator of a motor vehicle. In general, bicyclists are legally allowed to ride on all public roads unless they have been specifically excluded, for example on expressways or limited access highways and bridges. The decision to prohibit bicyclists from certain streets and highways is made at the State or local level, depending on which agency manages the road in question.
Are bicyclists supposed to ride as far to the right of the roadway as possible?
In addition, on streets with narrow travel lanes (for example 10 or 11 feet), bicyclists may feel more comfortable riding in the middle of the lane ("taking the lane") because there really isn't enough room for a motorist to safely pass them while staying in the same lane. You can review your state vehicle code as it relates to bicycling by visiting www.massbike.org or www.bikehighway.com. In addition, if you have any questions or concerns about the legal status of bicyclists in your community you should contact the Thunderhead Alliance to see if there is a state or local advocacy group who may be able to help. www.thunderheadalliance.org.
Is it safer for bicyclists ride with traffic or to ride against traffic?
In a lengthy article explaining why riding the wrong way against traffic is dangerous, author Ken Kifer explores the three principle dangers:
• The motorist and bicyclist have limited time and little space in which to react to each others presence • The closing speed of a bicyclist and motorist riding head on into each other Because the problem is so widespread and potentially dangerous, there are hundreds of brochures, leaflets and other materials that encourage riders to ride with traffic. For example, the Florida Department of Transportation publishes a fact sheet on where to ride that lays it on the line. The Oregon DOT has a similar statement in its bicycling manual, and there are numerous city government publications that are similar. In Canada, provincial and local agencies deal with the same issue and even the insurance industry has woken up to the need to prevent crashes from happening with simple safety advice. More information on riding against traffic is available at www.bicyclinginfo.org�
Should bicyclists ride on the sidewalk on major roads? No. Riding on the sidewalk is a significant contributing factor in bicycle/motor vehicle collisions. Once again, the perception is that someone is safer riding on the sidewalk than on the road - and many motorists and even law enforcement officers repeat that message. The problem is that bicyclists are not safer on the sidewalk because they become almost invisible to the motorist. When a driver turns, either left or right, or into a driveway or alley, they are simply not looking for, or expecting to encounter, a bicyclist. And even if they do look and see a bicyclist they may still underestimate the speed a rider is traveling on the sidewalk - because it will likely be much faster than a pedestrian. In addition to increasing the risk of being hit by a motorist, riding on the sidewalk also brings a rider into conflict with pedestrians. Many communities ban cycling from downtown streets so as to avoid this conflict (read more) and it is an issue that inflames communities and pits bicyclists against pedestrians. Furthermore, the quality of the riding surface on most sidewalks is far inferior to the parallel roadway. The vast majority of bicycle crashes that end up with the bicyclist seeking medical attention do not involve a motor vehicle and happen because a rider falls after hitting an obstacle, sliding on gravel or leaves, or loses control. Riding on the sidewalk is fraught with the kind of dangers and obstacles that may increase the chances of that happening. Bicycle user groups and public agencies alike have produced a wealth of information and literature stressing the need for bicyclists to ride on the road and not the sidewalk. Examples include:
Bicycle advocates in Northeastern Ohio The city of Saskatoon, Saskatchewan Boston area bicyclists
But traffic on major roads in my community is fast and scary. I feel safer on the sidewalk, and I am sure it's safer for children. In general, as mentioned above, bicyclists are better off using the road rather than the sidewalk. However, there may be times even confident cyclists sometimes choose to ride on the sidewalk because there is simply no safe place for them on the roadway. However, they most likely make that choice with a number of factors in mind:
• The sidewalk is not interrupted every few yards by a driveway, intersection, alley or other intersection (e.g. across narrow bridges) • They will ride extremely carefully through intersections, making absolutely sure that turning motorists are aware of their presence • The sidewalk has curb cuts and transitions • There are few pedestrians using the sidewalk • There are no parallel streets offering direct, fast, and convenient access equivalent to the major road In general, children up to the age of 9 or 10 should probably ride on the sidewalk, unless they are accompanied by an adult, on all but the quietest roads - but they should be trained to treat every driveway and intersection with extreme caution even while on the sidewalk. There is no magic age at which children become capable of riding safely in traffic; parents need to make that judgment call based on the child's ability to negotiate traffic situations and exercise good judgment as they ride. More information on this topic is available at www.bikeleague.org.
Are bicyclists allowed to ride on the sidewalk? This is almost always a decision made at the local level by a city, county, or township and there's no central source of information. As a general rule, in most communities it is allowed unless specifically prohibited. Many communities ban cycling on sidewalks in their business districts or other locations with high levels of pedestrian activity or particularly vulnerable pedestrian populations (e.g. near hospitals or retirement communities). A number of Canadian cities limit sidewalk riding to bicycles with wheels smaller than a 20inch diameter.
Are bicyclists allowed to ride on interstates? Allowed on all interstates: Idaho, North Dakota, South Dakota, and Wyoming Allowed on certain sections of interstate system: New Jersey (Permits granted for particular use and location), North Carolina (DOT may approve opening certain section), Pennsylvania (DOT may approve opening certain section) Allowed on interstates where no alternative route exists (usually means access is prohibited in urban areas): Alaska, Arizona, California, Colorado, Montana, Nevada, New Mexico, Oklahoma, Oregon, Texas, Utah, and Washington Access not expressly prohibited: District of Columbia and Missouri In all other states, bicyclists are not allowed to ride on interstates. However, even in these states, there are exceptions to this rule where bicyclists are permitted to use a particular bridge that is part of the interstate system (e.g. I-66 in Virginia, I-70 in Kansas).
Does the Federal government have a policy on bicycle access to interstates? No. The Federal Highway Administration considers this strictly a state decision and has no policy on this issue.
What is the safety record of bicyclists using interstates? A recent study of the nearly 4,000 bicycle fatalities in the United States between 1994 and 1998 found that seven bicyclists were killed on rural interstates. All seven riders were riding in the travel lane rather than on the shoulder. Twenty-eight riders were killed on urban interstates, in all cases they were riding on interstates that were legally closed to bicyclists. Although people's first reaction to the idea of riding on interstates is often negative, there are numerous reasons why it makes sense in many locations. First, the interstate may be the only road between two points and bicyclists would otherwise not be able to reach certain destinations. Second, interstate highways are built with wide paved shoulders (usually 10-12 feet) and a high quality surface. Grades are usually relatively gentle and consistent, as are the curves. This means that sightlines and riding conditions are very good, especially when compared to alternate routes on non-interstate routes that might have tight curves, no shoulders, steep sections, crumbling surfaces and still have traffic going at 55 miles per hour or higher. Third, the number of cyclists using interstates is quite small and usually limited to riders who are more experienced, confident, skillful and aware of traffic hazards. The specter of eight-year-old children riding on busy interstate routes is not borne out in reality. Fourth, more and more sections of the interstate system are being treated with rumble strips to alert drowsy motorists if they stray from the travel lane. Bicyclists are able to ride to the right of the rumble strip (which usually only takes up two feet of the shoulder) and thus gain some additional protection from errant drivers. Riding on interstates is not without danger, however. The powerful wind blast of passing trucks, the need to pass disabled vehicles using the shoulder, and negotiating high-speed on- and off-ramps are all challenges faced by riders using these roadways. The latter problem is partially addressed in design manuals such as the AASHTO Guide for the Development of Bicycle Facilities and the Oregon Bicycle and Pedestrian Master Plan.
Can separate bicycle facilities (shared use paths) be built within interstate rights of way? Yes. The Federal Highway Administration issued Guidance on Bicycle and Pedestrian Provisions of the Federal-aid Program on February 24, 1999 which states: "Shared use paths along Interstate corridors are eligible for the use of NHS funds, as are bike lane, shoulder and sidewalk improvements on major arterial roads that are part of the NHS, and bicycle and/or pedestrian bridges and tunnels that cross NHS facilities. Examples of paths alongside Interstate facilities include I-90 in Seattle, WA; I-70 in Glenwood Canyon, CO; and I-66 in Arlington, VA."
Are bicyclists required to wear helmets? A number of states and localities have passed laws requiring the use of helmets by bicyclists - usually targeted at children under the age of 16, although this varies widely. No states have yet passed a law requiring adults to wear helmets, although the Canadian province of British Columbia and King County, Washington (the Seattle metro area) have done so. For the most up-to-date list of jurisdictions with helmet laws, visit www.bhsi.org or www.safekids.org.
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