Very few people know the law, if any at all
Posted: September 21, 2011 Filed under: Cycling 1 CommentSo go ahead and prove you don’t know the law by posting your ignorance online!
I’ve posted several different articles about cyclists and cycling lately both on this blog and on my Facebook account. (http://www.facebook.com/Rec.Law.Now). All sorts of people have commented about who was right and wrong in the various situations. Most were incorrect about the law. Cyclists and drivers!
Here is Colorado’s law about riding a bike. Colorado Revised Statute Section 42-4-1412 or in legal parlance C.R.S. § 42-4-1412.
42-4-1412. Operation of bicycles and other human-powered vehicles
(1) Every person riding a bicycle or electrical assisted bicycle shall have all of the rights and duties applicable to the driver of any other vehicle under this article, except as to special regulations in this article and except as to those provisions which by their nature can have no application. Said riders shall comply with the rules set forth in this section and section 42-4-221, and, when using streets and highways within incorporated cities and towns, shall be subject to local ordinances regulating the operation of bicycles and electrical assisted bicycles as provided in section 42-4-111.
This means a bike is a car or truck or any other vehicle on the roads of Colorado. This means that other than special bicycle laws, cyclists must obey all the laws pertaining to automobiles. This also means that cyclists have the same right to be on the road as a car. The sole exception to that law is where bikes are specifically prohibited on interstates (multi-lane highways) with a minimum speed limit, unless there is no other way to get between the two points and then bicycles are allowed on interstates.
(2) It is the intent of the general assembly that nothing contained in House Bill No. 1246, enacted at the second regular session of the fifty-sixth general assembly, shall in any way be construed to modify or increase the duty of the department of transportation or any political subdivision to sign or maintain highways or sidewalks or to affect or in-crease the liability of the state of Colorado or any political subdivision under the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S.
(3) No bicycle or electrical assisted bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped.
You can only have as many people on a bicycle as there are seats as created by the original manufacture.
(4) No person riding upon any bicycle or electrical assisted bicycle shall attach the same or himself or herself to any motor vehicle upon a roadway.
When riding a bike, you can’t hold onto a car.
(5) (a) Any person operating a bicycle or an electrical assisted bicycle upon a roadway at less than the normal speed of traffic shall ride in the right-hand lane, subject to the following conditions:
If the cyclists are riding slower than traffic you have to ride in the far right lane. If you are moving at the same speed as traffic, you can ride in any lane you want.
(I) If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so.
When slower than other traffic, the cyclists must ride to the right of the right lane as far as possible and as safe as possible in the opinion of the cyclists. It does not matter if the vehicle driver thinks differently; it is up to the cyclists to determine where it is safe to ride his or her bike.
(II) A bicyclist may use a lane other than the right-hand lane when:
(A) Preparing for a left turn at an intersection or into a private roadway or driveway;
(B) Overtaking a slower vehicle; or
(C) Taking reasonably necessary precautions to avoid hazards or road conditions.
Cyclists may be in the left lane when making a left turn, passing another vehicle, including other bikes or avoiding hazards.
(III) Upon approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, a bicyclist may ride on the left-hand portion of the dedicated right-turn lane even if the bicyclist does not intend to turn right.
When approaching an intersection, a cyclist is allowed to be in the left hand side of the right lane if the right hand lane is also a right turn lane. In cycling parlance this is called “taking the lane.”
(b) A bicyclist shall not be expected or required to:
(I) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or
(II) Ride without a reasonable safety margin on the right-hand side of the roadway.
A cyclist is not required to risk his bike or body due to hazards on the road or to ride with no safety margin.
(c) A person operating a bicycle or an electrical assisted bicycle upon a one-way roadway with two or more marked traffic lanes may ride as near to the left-hand curb or edge of such roadway as judged safe by the bicyclist, subject to the following conditions:
If a cyclist is riding on a one-way street the cyclists can ride in the left lane.
(I) If the left-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the left as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so.
(II) A bicyclist shall not be expected or required to:
(A) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or
(B) Ride without a reasonable safety margin on the left-hand side of the roadway.
A cyclist is not required to risk his bike or body due to hazards on the road or to ride with no safety margin on a one-way road also.
(6) (a) Persons riding bicycles or electrical assisted bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
(b) Persons riding bicycles or electrical assisted bicycles two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
Cyclists can ride side by side or two abreast unless there is a bike lane, then they must ride single file. However, you cannot ride two-abreast if you are impeding traffic. This does not mean you cannot ride two-abreast in traffic, it only means you can’t ride two abreast if you are blocking traffic. One car waiting to pass is not impeding traffic.
(7) A person operating a bicycle or electrical assisted bicycle shall keep at least one hand on the handlebars at all times.
You can’t ride a bike with no hands.
(8) (a) A person riding a bicycle or electrical assisted bicycle intending to turn left shall follow a course described in sections 42-4-901 (1), 42-4-903, and 42-4-1007 or may make a left turn in the manner prescribed in paragraph (b) of this subsection (8).
(b) A person riding a bicycle or electrical assisted bicycle intending to turn left shall approach the turn as closely as practicable to the right-hand curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist shall stop, as much as practicable, out of the way of traffic. After stopping, the bicyclist shall yield to any traffic proceeding in either direction along the roadway that the bicyclist had been using. After yielding and complying with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist intends to proceed, the bicyclist may proceed in the new direction.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (8), the transportation commission and local authorities in their respective jurisdictions may cause official traffic control devices to be placed on roadways and thereby require and direct that a specific course be traveled.
Bicycles will make left hand turns from the left hand lane like cars.
(9) (a) Except as otherwise provided in this subsection (9), every person riding a bicycle or electrical assisted bicycle shall signal the intention to turn or stop in accordance with section 42-4-903; except that a person riding a bicycle or electrical assisted bicycle may signal a right turn with the right arm extended horizontally.
If you are riding a bike or stopping you must signal your intention to turn or stop. If you are turning right, you can use your right hand to signal a right turn.
(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the bicycle or electrical assisted bicycle before turning and shall be given while the bicycle or electrical assisted bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electrical assisted bicycle.
When riding a bike you must signal your intentions to turn or stop. When signaling you must do so for 100 feet. You do not have to signal if you need your hands on the bike to control the bike.
(10) (a) A person riding a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians.
Pedestrians have the right away. When passing a pedestrian you have to give an audible signal (bell, horn or say “on your left”).
(b) A person shall not ride a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where such use of bicycles or electrical assisted bicycles is prohibited by official traffic control devices or local ordinances. A person riding a bicycle or electrical assisted bicycle shall dismount before entering any crosswalk where required by official traffic control devices or local ordinances.
Bicycles are not allowed on sidewalks if prohibited by local law.
(c) A person riding or walking a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, including, but not limited to, the rights and duties granted and required by section 42-4-802.
When you are not on your bike, you are a pedestrian and must obey all laws for pedestrians.
(d) (Deleted by amendment, L. 2005, p. 1353, § 1, effective July 1, 2005.)
(11) (a) A person may park a bicycle or electrical assisted bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance.
(b) A bicycle or electrical assisted bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.
(c) A bicycle or electrical assisted bicycle may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed.
(d) A bicycle or electrical assisted bicycle may be parked on the road abreast of another such bicycle or bicycles near the side of the road or any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic.
(e) In all other respects, bicycles or electrical assisted bicycles parked anywhere on a highway shall conform to the provisions of part 12 of this article regulating the parking of vehicles.
You can park a bike on the sidewalk or near the curb unless doing so impedes traffic.
(12) (a) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense; except that section 42-2-127 shall not apply.
(b) Any person riding a bicycle or electrical assisted bicycle who violates any provision of this article other than this section which is applicable to such a vehicle and for which a penalty is specified shall be subject to the same specified penalty as any other vehicle; except that section 42-2-127 shall not apply.
If you violate the law on a bike, then you get fined the same way as if you were driving a car.
(13) Upon request, the law enforcement agency having jurisdiction shall complete a report concerning an injury or death incident that involves a bicycle or electrical assisted bicycle on the roadways of the state, even if such accident does not involve a motor vehicle.
Any law enforcement agency (police officer, state trooper, etc.) must complete a report of any bicycle accident, even if the accident does not include a car.
(14) Except as authorized by section 42-4-111, the rider of an electrical assisted bicycle shall not use the electrical motor on a bike or pedestrian path.
So
1. When riding a bike, you are a car.
2. When driving a car, you are the same as a bike.
3. Bikes can ride two abreast on the road, unless they are slowing a lot of traffic. One or two cars is not impeding, several cars is.
4. You must signal turns or stopping on a bike.
5. When you are not on a bike you are no longer a cyclists, you are a pedestrian.
Drivers, cyclists have the same right as you to be on the road. Cyclists don’t be arrogant.
More importantly, cyclists use your head. Being right is not a good line to put on a gravestone.
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California code on no-handed riding is a little bit different: “No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars.”
So no-handed riding isn't explicitly prohibited; you just can't carry stuff it if forces no-handed operation.
In Florida, a lawmaker introduced a bill to eliminate the “no hands” rule!
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