Mandatory sidepath laws, state by state

I don’t like mandatory sidepath laws for bicyclists, but I like the one in the Transportation Bill, applying to roads on Federal lands, even less.

(d) BICYCLE SAFETY.—The Secretary of the appropriate Federal land management agency shall prohibit the use of bicycles on each federally owned road that has a speed limit of 30 miles per hour or greater and an adjacent paved path for use by bicycles within 100 yards of the road unless the Secretary determines that the bicycle level of service on that roadway is rated B or higher.

I have had a look at state laws on the Internet.

I’m pleased to report that I couldn’t find the ones which Dan Gutierrez earlier listed on his map for Colorado, Hawaii, North Dakota and Louisiana. Dan has updated his page: these laws appear to have been repealed.

The national trend has been for repeal of these laws. While the states have been repealing them, the Federal Transportation Bill, as of March, 2012, includes a provision which is more draconian than any of the remaining state laws, in that it would ban bicycles on a road even if the path is unusable. It might be called the “you can’t get there from here” law, to quote a New England expression. See my previous post for the details.

States with mandatory sidepath laws are shown in red in Dan Gutierrez's map

States with mandatory sidepath laws are shown in red in Dan Gutierrez's map

Mandatory sidepath laws, as far as I can determine, now are on the books in only 7 states: Alabama, Georgia, Kansas, Nebraska, Oregon, Utah and West Virginia. All except for Oregon require the path to be usable; the Oregon law has been explained to me as not actually having any effect, because government agencies will not take on the legal burden of having to defend paths as being safe.

Some of the laws have additional limitations on where path use can be made mandatory. See comments below. The boldface is mine.

Alabama:

Section 32-5A-263
Riding on roadways and bicycle paths.

(c) Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

Georgia

Note discretionary application, and design standard and destination accessibility requirement for the paths.

O.C.G.A. 40-6-294 (2010)

40-6-294. Riding on roadways and bicycle paths

(c) Whenever a usable path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such path and not use those sections of the roadway so specified by such local governing authority. The governing authority may be petitioned to remove restrictions upon demonstration that the path has become inadequate due to capacity, maintenance, or other causes.

(d) Paths subject to the provisions of subsection (c) of this Code section shall at a minimum be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials, and such paths shall provide accessibility to destinations equivalent to the use of the roadway.

Kansas

8-1590.
(d) Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

Nebraska

60-6,317. Bicycles on roadways and bicycle paths; general rules; regulation by local authority.

(3) Except as provided in section 60-6,142, whenever a usable path for bicycles has been provided adjacent to a highway, a person operating a bicycle shall use such path and shall not use such highway.

Oregon

My understanding, based on a sicussion with former Oregon state bicycle coordinator Michael Ronkin, is that this law is never enforced, because state and local authorities will not risk ruling that a path is suitable.

814.420: Failure to use bicycle lane or path; exceptions; penalty.

(1) Except as provided in subsections (2) and (3) of this section, a person commits the offense of failure to use a bicycle lane or path if the person operates a bicycle on any portion of a roadway that is not a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near the roadway.

(2) A person is not required to comply with this section unless the state or local authority with jurisdiction over the roadway finds, after public hearing, that the bicycle lane or bicycle path is suitable for safe bicycle use at reasonable rates of speed.

Utah

Note that this applies only where signs have been posted directing bicyclists to use a path.

41-6a-1105. Operation of bicycle or moped on and use of roadway — Duties, prohibitions.

(4) If a usable path for bicycles has been provided adjacent to a roadway, a bicycle rider may be directed by a traffic-control device to use the path and not the roadway.

West Virginia

§17C-11-5. Riding on roadways and bicycle paths.

(c) Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

9 Responses to Mandatory sidepath laws, state by state

  1. John,
    Please update the link in your blog. I reloaded an improved picture.

    https://www.facebook.com/photo.php?fbid=3204560884285&l=fdd6d39af7

    And here is the link to the full list:
    https://www.facebook.com/photo.php?fbid=3204560364272&l=28080daf1c

  2. Even I would not have guessed Arkansas as a model for cycling rights…

  3. Pingback: Transportation Bill slams road rights on Federal lands. | John S. Allen's Bicycle Blog

  4. Pingback: Street Smarts » Blog Archive » Letter to Sen. Brown on Federal mandatory sidepath provision

  5. I was also not aware that Arkansas is particularly accommodating to bicyclists (I haven’t been there). Does anyone know what enforcement is like – do police and motorists actually respect bicyclists’ legal rights?

    The bigger obvious issue is city mandatory path (or bike lane) use laws, even when state law does not require their use. Locally, Pennsylvania and Delaware don’t have mandatory side path laws, but Philadelphia (Phil code 12-804) and Wilmington (code 37-325) do. I ‘ve heard of a few occasions when Philadelphia has enforced this (signs prohibit bicycle use during weekday rush hour; police removed bicyclsts on weekends despite signs). I imagine there are quite a few other cities with similar laws.

  6. Don’t get too excited about Arkansas… The city of Fayetteville has a mandatory sidepath ordinance. (73.04) I’m not sure where or how it applies, but it puts a foul taste in my mouth.

  7. Hi John,
    Have you considered making a similar post about mandatory bike lane use? As a cyclist in Maryland, where bike path use is still mandatory, and knowing how dangerous some of the bike lanes here are, I’m constantly torn between my desire to stay safe and my desire to follow the law. Naturally, safety wins out, but whenever I come across a bike lane, I have to make a mental note to try to find a different route.

  8. GEORGIA
    (d) Whenever a usable bicycle path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such bicycle path and not use those sections of the roadway so specified by such local governing authority. The governing authority may be petitioned to remove restrictions upon demonstration that the bicycle path has become inadequate due to capacity, maintenance, or other causes.

    ==so how is a georgia cyclist notified that riding on the street is suddenly illegal?

    wle

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