Bicycle law
Encyclopedia
Bicycle law is a specialized field of law
relating to the use of bicycle
s. 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.
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.
states
, as well as in the Uniform Vehicle Code
. It says 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.
since 1968, with the accession of the Vienna Convention on Road Traffic
. Under that treaty, bicycles have the legal status of vehicles, and cyclists enjoy the legal status of vehicle operators. There are over 150 contracting parties to the treaty, including the United States
, Canada
, Mexico
, the United Kingdom
, Ireland
, almost all of Europe
, Australia
, New Zealand
, Japan
, and China
. In countries that are contracting parties, the treaty has the force of law, and its provisions have been incorporated into national law.
.
began cracking down on bicycle crimes due to deaths and injuries being caused by bicycle negligence
. This is based on an incident which occurred in August 2007 when a 77 year-old man was killed by an oncoming bicyclist ignoring a red light.
. The primary position places the cyclist better for turning right, reduces the danger from parked car door openings "dooring", from being squeezed by passing vehicles and integrates them better with the main traffic flow. However, it can create conflict with motor vehicle drivers, possibly from their perception of being delayed by the cyclist.
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.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
relating to the use of bicycle
Bicycle
A bicycle, also known as a bike, pushbike or cycle, is a human-powered, pedal-driven, single-track vehicle, having two wheels attached to a frame, one behind the other. A person who rides a bicycle is called a cyclist, or bicyclist....
s. 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
George B. Clementson
George Burr Clementson an American attorney and author of The Road Rights and Liabilities of Wheelmen. Published in 1895, The Road Rights and Liabilities of Wheelmen was the first treatise to address the legal rights and duties of cyclists; thus, Clementson was the first attorney to develop...
, an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, wrote The Road Rights and Liabilities of Wheelmen
The Road Rights and Liabilities of Wheelmen
The Road Rights and Liabilities of Wheelmen, written by George B. Clementson at the height of the bicycle's golden age, in 1895, was the first treatise on bicycle law. In the 1880s and 1890s, the prevailing legal issue cyclists faced was the question of the right to the road...
, the first book on bicycle law, in which he discussed the seminal cases of the 1880s
1880s
The 1880s was the decade that spanned from January 1, 1880 to December 31, 1889. They occurred at the core period of the Second Industrial Revolution. Most Western countries experienced a large economic boom, due to the mass production of railroads and other more convenient methods of travel...
and 1890s
1890s
The 1890s were sometimes referred to as the "Mauve Decade" - because William Henry Perkin's aniline dye allowed the widespread use of that colour in fashion - and also as the "Gay Nineties", under the then-current usage of the word "gay" which referred simply to merriment and frivolity, with no...
, which were financed by Albert Pope of Columbia Bicycles, and through which cyclists gained the right to the road.
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
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
, insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
, harassment of cyclists, defective products law, and non-professional contractual issues.
History
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. 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. 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. 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. 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.The right to the road
The New York State Legislature took the first step toward resolving 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.The statutory right to the road
A basic statement of cyclists' rights and responsibilities has been adopted in the vehicle codes of most AmericanUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, as well as in the Uniform Vehicle Code
Uniform Vehicle Code
The Uniform Vehicle Code is a privately prepared set of United States traffic laws prepared by the National Committee on Uniform Traffic Laws and Ordinances, a private non-profit organization. Most of the members are state governments, in addition to some related organizations. The extent to which...
. It says 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.
The constitutional right to the road
Some countries have noted the right as part of their constitutions.The right to the road by treaty
Cyclists' right to the road has also been enshrined in international lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
since 1968, with the accession of the Vienna Convention on Road Traffic
Vienna Convention on Road Traffic
The Vienna Convention on Road Traffic is an international treaty designed to facilitate international road traffic and to increase road safety by standardising the uniform traffic rules among the contracting parties...
. Under that treaty, bicycles have the legal status of vehicles, and cyclists enjoy the legal status of vehicle operators. There are over 150 contracting parties to the treaty, including the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, almost all of Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, and China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
. In countries that are contracting parties, the treaty has the force of law, and its provisions have been incorporated into national law.
Bicycle registration
Some laws require bicycles to be registered (i.e., 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.Bicycle parking
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.USA
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 policePolice
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
.
Australia
In December 2007, AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
began cracking down on bicycle crimes due to deaths and injuries being caused by bicycle negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
. This is based on an incident which occurred in August 2007 when a 77 year-old man was killed by an oncoming bicyclist ignoring a red light.
USA
Most states require bicyclists to follow the same signs and signals as automobile operators, except where those laws naturally do not apply to bicyclists.Remaining on the edge of the roadway
Many laws require bicyclists to remain as far to the side of the roadway as practicable, in the normal direction of travel. Exceptions are common for preparing for a cross-traffic turn (right in most countries), 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, e.g., such as 1 metre from the kerb, or using no more 1/3 of the navigable lane. A notable exception to these kinds of laws is the United Kingdom, where vehicular equality means that cyclists are free to use the whole lane if desired, a position which is known as "The primary position", and encouraged in books such as CyclecraftCyclecraft
Cyclecraft is a British cycling skills manual written by John Franklin and now published by The Stationery Office. It is the foundation of Bikeability, the UK's national standard for cycle training....
. The primary position places the cyclist better for turning right, reduces the danger from parked car door openings "dooring", from being squeezed by passing vehicles and integrates them better with the main traffic flow. However, it can create conflict with motor vehicle drivers, possibly from their perception of being delayed by the cyclist.
Bicycle paths
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.Sidewalks and crosswalks
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.
Freeways
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 effects 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.Off-road cycling
Bicyclists are prohibited from using certain areas, usually for reasons of conservation or to preserve trails for pedestrians only.Public transportation
Many municipalities allow bicycles to be attached to or carried onto busses 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.Prohibitions in certain areas
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.USA
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.Publications
- The Road Rights and Liabilities of WheelmenThe Road Rights and Liabilities of WheelmenThe Road Rights and Liabilities of Wheelmen, written by George B. Clementson at the height of the bicycle's golden age, in 1895, was the first treatise on bicycle law. In the 1880s and 1890s, the prevailing legal issue cyclists faced was the question of the right to the road...
, by George B. ClementsonGeorge B. ClementsonGeorge Burr Clementson an American attorney and author of The Road Rights and Liabilities of Wheelmen. Published in 1895, The Road Rights and Liabilities of Wheelmen was the first treatise to address the legal rights and duties of cyclists; thus, Clementson was the first attorney to develop...
(Chicago: Callaghan & Co., 1895) - Bicycle Law and Practice, by Paul F. Hill (1985, 1986)
- Bicycle Accident Reconstruction and LitigationBicycle Accident Reconstruction and LitigationBicycle Accident Reconstruction and Litigation is a bicycle law treatise on the engineering and legal aspects of bicycle accidents, directed at engineers and attorneys handling bicycle accident cases. Thus, its scope is confined to the highly technical engineering and legal issues specific to...
, by James M. Green, Paul F. Hill, and Douglas Hayduk (Tucson, Arizona: Lawyers & Judges Publishing Co., 1996) - Bicycle Accident Reconstruction for the Forensic Engineer, by James M. Green and Bob MionskeBob MionskeRobert Charles Mionske is a two-time U.S. Olympic racing cyclist and U.S. National Champion . In the 1988 Summer Olympics, held in Seoul, South Korea, he placed fourth in the Individual Road Race. He retired from professional cycling in 1993 and is now an attorney based in Portland, Oregon,...
(2001) - Bicycle Accidents: Biomechanical, Engineering, and Legal Aspects, by Jeffrey P. Broker and Paul F. Hill (Tucson, Arizona: Lawyers & Judges Publishing Co., 2006)
- Bicycling & The Law: Your Rights As a CyclistBicycling & the Law: Your Rights As a CyclistBicycling & The Law, by Bob Mionske, is a comprehensive primer on all facets of the law as it pertains to the average cyclist. Published in 2007, Bicycling & the Law is the first book on bicycle law written for the average cyclist since The Road Rights and Liabilities of Wheelmen, published at the...
, by Bob MionskeBob MionskeRobert Charles Mionske is a two-time U.S. Olympic racing cyclist and U.S. National Champion . In the 1988 Summer Olympics, held in Seoul, South Korea, he placed fourth in the Individual Road Race. He retired from professional cycling in 1993 and is now an attorney based in Portland, Oregon,...
(Boulder, Colorado: VeloPress, 2007) - Pedal Power