Ohio Bicycle Federation
Cyclist Friendly Communities Program
Guide for Bicycle Traffic Ordinances
by Fred Oswald
Overview
Traffic laws must be fair to all, uniform between jurisdictions and they must
promote safety. The standard traffic laws that apply to the drivers of
all vehicles provide safe, orderly and efficient travel for all. These
"rules of the road" are very good for cyclists. Unfortunately, many
existing bicycle specific rules are non-uniform, discriminatory and
encourage unsafe practices.
Bicycle traffic laws and ordinances are important because they shape ---
How cyclists are taught to ride.
Treatment by police.
What the motoring public expects.
Who is found responsible if there is a collision
Guidelines for Good Ordinances
Be sure your ordinances do not conflict with the uniform rules of the
road. This means to avoid being inconsistent with state law and beware of
any ordinances that differ from the standard rules that apply to all drivers.
(See specific mistakes to avoid below.)
Repeal unnecessary ordinances. Very few bicycle-specific rules are
needed.
Avoid copying "nuisance" safety requirements from state law (see below).
If you have a bicycle registration program, make it voluntary.
Considering adding bicycle parking requirements to your zoning rules.
If you have any restrictions for "traffic calming", such as "No Right
Turn" on Elm Street 4-6PM, make them apply only to motor vehicles,
thus exempting bicycles.
Add a clarifying paragraph to prevent misinterpretation of the "far right
rule" ORC §4511.55(A) that requires riding as near to the right side of the
roadway as practicable. Note that key word "practicable"
(practice+able). The paragraph below was added to Ohio law in 2006. This section does not require a person operating a bicycle to ride at the
edge of the roadway when it is unreasonable or unsafe to do so.
Conditions that may require riding away from the edge of the roadway include
when necessary to avoid fixed or moving objects, parked or moving vehicles,
surface hazards, or if it is otherwise unsafe or impracticable to do so,
including if the lane is too narrow for the bicycle and an overtaking vehicle
to travel safely side by side within the lane.
For an illuminating discussion on traffic law as it applies to cycling, we
recommend the chapter "Systematic Traffic Law" in
Bicycle Transportation, MIT Press, 1994. For more
information about local ordinances, see the article
Model Municipal Bicycle Code.
Mistakes to Avoid
Mandating dangerous practices. (See examples below.)
Mandating unsafe roadway position. (See examples below.)
Rules incompatible with the uniform "rules of the road".
(See examples below.)
Closing roads (other than urban freeways) to cyclists or other unnecessary
restrictions.
Discriminatory rules. (See examples below.)
Nuisance requirements for ineffective safety equipment that distracts
attention from that which is really needed. Unnecessary equipment
includes a bell, as well as front, side and wheel reflectors. Instead,
emphasis must be given to the essentials: the bicycle must be in good
operating condition with adequate brakes and equipped for safe night operation
including a headlight, bright rear reflector, and a rear light. The
nuisance requirements were taken out of Ohio law in 2006.
Do not mandate brakes that will enable the operator to make the braked
wheel skid. Ohio law requires simply an "adequate brake". If
you want a metric to define "adequate", consider Uniform Vehicle Code § 12-706
that specifies that the brake stop the bicycle within 15 feet from a speed
of 10 miles per hour. However, this should be changed at the state level.
Requirements to park in a bike rack if one is present. Many bike
racks are poorly designed "wheel benders" and they are often placed in
out-of-the-way places that facilitate theft. Informal parking (locking to
a fence or parking meter) is often more secure than a bike rack.
Other unnecessary or excessive regulation, such as requiring riding single
file or with two hands on the handlebars.
Beware of broadly written authority for police to impound bicycles,
particularly from adults. Impounding must be a last resort; otherwise
it becomes an abuse of police power. Police should never impound a
bicycle in any situation where you would allow a motorist to continue
operating a motor vehicle.
Treating (or even thinking of) bicycles as toys, rather than serious
vehicles.
Examples of Dangerous and Discriminatory Bicycle Traffic Laws
"A person operating a bicycle shall ride upon the
sidewalk rather than the roadway when sidewalks are available."
"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."
"A person operating a bicycle shall yield the right
of way to vehicular traffic on a roadway."
"No person shall ride a bicycle across or through any
intersection."
"Every person operating a bicycle shall keep to the
right-hand curb upon all streets, highways and other public ways in the
City."
"Every person operating a bicycle or tricycle upon a
roadway shall ride within three feet of the right edge of the
roadway."
About "Helmet Laws": We advise against ordinances that require
wearing of helmets, especially for adults. Instead, we favor education
encouraging helmet use, so long as the primary emphasis is on safe
operation. In other words, not crashing is much more important than
safe crashing.
If you must have a helmet ordinance, please impliment a strong
education program first and then be sure your ordinance is not punitive.
Charges should be dismissed upon evidence of purchase of a helmet. Most
important, be sure it has a strong disclaimer for contributory negligence.
(See example below from Pennsylvania law § 3510. Pedalcycle helmets for
certain persons.)
In no event shall a violation or alleged violation of subsection (a) be used
as evidence in a trial of any civil action; nor shall any jury in a civil action
be instructed that any conduct did constitute or could be interpreted by them to
constitute a violation of subsection (a); nor shall failure to use a pedalcycle
helmet be considered as contributory negligence nor shall failure to use a
pedalcycle helmet be admissible as evidence in the trial of any civil
action.
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
intimidation and harassment; (5) Dangerous motorist errors, such as overtaking
with insufficient space, illegal turns ("right hook" and "left cross"), etc.
Although generally not illegal, police must discourage riding on sidewalks by
all but the youngest children or frail elderly, except at very slow
speeds. Police must particularly discourage sidewalk riding in the opposite
direction as traffic on the adjacent roadway and sidewalk riding in commercial
areas where busy driveways are especially hazardous. The bike patrol must
set a good example themselves by staying off sidewalks except where absolutely
necessary for an immediate task (e.g., hot pursuit or patrolling areas only
accessible by sidewalk).
Another Measure to Improve Bicycle Traffic Laws
Finally, you can help improve cycling conditions across Ohio by supporting the
Ohio Bicycle Federation
Proposed Reforms for Ohio Bicycle Traffic Laws. If you support
the reforms by passing an ordinance or sending letters to your legislators,
please mention this in the Cyclist Friendly Communities Application, Section 6,
"Other Factors", so we can give credit for your help.
