CYCLISTS AND MOTORISTS SHARE THE ROAD SAND SPRINGS

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Claude Patrick
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1 CYCLISTS AND MOTORISTS SHARE THE ROAD SAND SPRINGS

2 Sand Springs Police Department Summary of Bicycle Laws in Oklahoma The Sand Springs Police Department receives many questions each year about cycling in our community. The sport of cycling is growing in popularity every year, and with this fact comes more conversation between motorists and cyclists. This document is intended to give the reader a basic understanding of the laws in regard to cycling. What is not covered by the law, but that we would add to the conversation is that of understanding, empathy, kindness, and trying to not be antagonistic toward other citizens. This applies to both sides of the conversation. Motorists should understand that when you encounter a cyclist, that is a human being and your actions in a moment of haste could have tragic results. Cyclists need to understand that while they can assert their right to the road, with that come the responsibility to follow the rules of the road, which include stopping at stop signs and in the spirit of empathy spoken about previously; accommodating motorists where it is safe to do so. There are all types of slow moving traffic in the world such as, bicycles, tractors, wide loads, some elderly drivers, beginning drivers, vehicles with mechanical problems, etc. The presences of these vehicles and/or they way they are operated does not necessarily mean that there is a violation of the law. We also encounter situations in which people state what they would like the law to be, as what the law is. In many cases, they are two entirely different things. We will continue to work to serve our citizens to the best of our ability and thank you for taking your time to educate yourself about this topic. Common Questions about Cycling in Sand Springs Shouldn t cycling be done on the sidewalk and not the street? No, bicycles are vehicles as defined by state statute and may only be ridden on streets and bike paths. Shouldn t cyclists have tags, insurance and drivers licenses to ride on the street? No, see #3 in this document. Isn t cycling on the street impeding traffic? No, not generally, see # 8 in this document. Why did the City of Sand Springs make the laws this way allowing cyclists to ride on the street? The City of Sand Springs did not make the laws for cycling. The State of Oklahoma did, and State laws supersede city ordinances. Shouldn t cyclists stop at stop signs? Yes, see #6 in this document. Can a cyclist throw something at a car or can a motorist throw something at a cyclist? No, throwing an object at a moving vehicle is a felony in the State of Oklahoma according to Title 47 O.S Can a motorist in a big diesel truck blow smoke at cyclists? No, this is an offense under Oklahoma State Statute Title 47 O.S How close can a car pass a cyclist? See #9 in this document.

3 Oklahoma Statutes that Involve Cycling 1. Bicycle Defined: Title 47 O.S states: A. A bicycle is a device upon which any person or persons may ride, propelled solely by human power through a belt, chain, or gears, and having two or more wheels, excluding mopeds. B. An electric-assisted bicycle is any bicycle with: 1. Two or three wheels; and 2. Fully operative pedals for human propulsion and equipped with an electric motor: a. with a power output not to exceed one thousand (1,000) watts, b. incapable of propelling the device at a speed of more than thirty (30) miles per hour on level ground, and c. incapable of further increasing the speed of the device when human power alone is used to propel the device at a speed of thirty (30) miles per hour or more. An electric-assisted bicycle shall meet the requirements of the Federal Motor Vehicle Safety Standards as set forth in federal regulations and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied. C. A motorized bicycle is any bicycle having: 1. Fully operative pedals for propulsion by human power; 2. A power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; and 3. A combustion engine with a piston or rotor displacement of eighty (80 cu cm) cubic centimeters or less, regardless of the number of chambers in the engine, which is capable of propelling the bicycle at a maximum design speed of not more than thirty-five (35) miles per hour on level ground. D. As used in this title, the term "bicycle" shall include tricycles, quadcycles, or similar humanpowered devices, electric-assisted bicycles, and motorized bicycles unless otherwise specifically indicated. 2. BICYCLES ARE NOT REQUIRED TO HAVE MOTOR VEHICLE EQUIPMENT: Title 47 O.S. states: No provision in this chapter shall apply to bicycles or to equipment for use on bicycles except as to provisions in this article or unless a provision has been made specifically applicable to bicyclists, bicycles or their equipment. As used in Chapter 12 of this title, "bicycle" shall include, unless otherwise specifically indicated, bicycles, mopeds, motorized bicycles, and electric-assisted bicycles, as those terms are defined in Chapter 1 of this title. 3. STATE STAUTE DOES NOT REQUIRE A BICYCLE TO HAVE REGISTRATION, TAG, INSURANCE OR A LICENSE TO OPERATE ON THE STREETS AND ROADWAYS. 4. A BICYCLE IS A VEHICLE: Title 47 O.S states: A. A vehicle is any device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. B. As used in this title, the term "vehicle" shall not include: 1. Implements of husbandry, as defined in Section of this title; 2. Electric personal assistive mobility devices, as defined in Section 1-114A of this title; or 3. Motorized wheelchairs, as defined in Section of this title.

4 5. A BICYCLE IS NOT A MOTOR VEHICLE: Title 47 O.S states: A. A motor vehicle is: 1. Any vehicle which is self-propelled; or 2. Any vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. B. As used in this title, the term "motor vehicle" shall not include: 1. Implements of husbandry, as defined in Section of this title; 2. Electric personal assistive mobility devices as defined in Section 1-114A of this title; 3. Motorized wheelchairs, as defined in Section of this title; or 4. Vehicles moved solely by human or animal power. 6. A BICYCLE HAS ALL OF THE RIGHTS AND DUTIES AS OTHER VEHICLES WITH SOME EXCEPTIONS: Title 47 O.S states: Every person riding a bicycle or motorized scooter upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special regulations in this article and except to those provisions of this title which by their nature can have no application. 7. A BICYCLE IS TRAFFIC: Title 47 O.S states: Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together, while using any highway for purposes of travel. 8. IMPEDING TRAFFIC: Title 47 O.S states: (Does not apply to bicycles) (a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. (b) Whenever the State Highway Commission or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the Commission or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law. Title 47 O.S states: (Applies to bicycles) A. Every person operating a bicycle or motorized scooter upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as is safe to the right-hand curb or edge of the roadway, except under any of the following situations: 1. When overtaking and passing another vehicle proceeding in the same direction; 2. When preparing for a left turn at an intersection or into a private road or driveway; 3. When reasonably necessary to avoid conditions and while exercising due care, including but not limited to: a. fixed or moving objects, b. parked or moving vehicles, c. pedestrians or animals, d. surface hazards, or e. any time it is unsafe to continue along the right-hand curb or edge of the roadway; and 4. When riding in the right-turn-only lane.

5 B. Any person riding a bicycle or motorized scooter upon a one-way street or highway with two or more marked lanes of travel may ride as close as is safe to the left-hand curb or edge of the street or highway. C. No person operating a bicycle or motorized scooter shall pass other vehicles between lanes of traffic traveling in the same direction. D. Persons riding bicycles or motorized scooters 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 or motorized scooters. Persons riding two abreast shall not impede the normal and reasonable flow of traffic and, on a laned roadway, shall ride within a single lane. Note: Section D is often misread by people as requiring riders to ride in single file, not a single lane. 9. Overtaking Bicycles by Motor Vehicles: Title 47 O.S states: A. When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three (3) feet until the motor vehicle is safely past the overtaken bicycle. B. If a person violates the provisions of subsection A of this section and the violation results in a collision causing serious physical injury to another person, the person shall be subject to a fine of not more than Five Hundred Dollars ($500.00). C. If a person violates the provisions of subsection A of this section and the violation results in the death of another person, the person shall be subject to a fine of not more than One Thousand Dollars ($1,000.00), in addition to any other penalties prescribed by law. 10. Not Applicable to Bicycles unless Made Specifically Applicable: Title 47 O.S states: No provision in this chapter shall apply to bicycles or to equipment for use on bicycles except as to provisions in this article or unless a provision has been made specifically applicable to bicyclists, bicycles or their equipment. As used in Chapter 12 of this title, "bicycle" shall include, unless otherwise specifically indicated, bicycles, mopeds, motorized bicycles, and electric-assisted bicycles, as those terms are defined in Chapter 1 of this title. 11. BICYCLE LAMP REQUIREMENTS: Title 47 O.S states: Every bicycle in use at the times described in subsection B of Section of this title shall be equipped with a lamp on the front emitting a white light visible from a distance of at least one thousand (1,000) feet to the front. This section shall not apply to a street or highway with a speed limit of twenty-five (25) miles per hour or less. 12. BICYCLE REAR LAMP REQUIREMENTS: Title 47 O.S states: Every bicycle in use at the times described in subsection B of Section of this title shall be equipped with a lamp on the rear emitting a red light visible from a distance of at least one thousand (1,000) feet to the rear. This section shall not apply to a street or highway with a speed limit of twenty-five (25) miles per hour or less. 13. BICYCLE REAR REFLECTOR REQUIREMENTS: Title 47 O.S states: Every bicycle shall be equipped with a red reflector which shall be visible for six hundred (600) feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. 14. REFLECTIVE MATERIAL REQUIREMENTS: Title 47 O.S states: Every bicycle when in use at the times described in subsection B of Section of this title shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for six hundred (600) feet when directly in front of lawful lower beams of headlamps on a motor vehicle.

6 15. ADDITIONAL LIGHTS AND REFLECTIVE MATERIAL: Title 47 O.S states: A bicycle or its rider may be equipped with lights or reflectors in addition to those required by the foregoing sections; provided, such lights or reflectors shall comply with the provisions and limitations of Article II of Chapter 12 of this title. 16. BICYCLES MUST HAVE BRAKES: Title 47 O.S states: Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pavement. 17. BICYCLES MAY NOT HAVE A SIREN: Title 47 O.S states: A bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren. 18. VIOLATION OF RULES OF THE ROAD: Title 47 O.S states: A. It is a misdemeanor and punishable by a fine of not less than One Dollar ($1.00) nor more than Twenty-five Dollars ($25.00) for any person to do any act forbidden or fail to perform any act required in this article. A conviction for the violation of any offense in this article shall not be recorded on the driving record of the person. B. The parent or legal guardian of any child or the guardian of any ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of this article. C. Except as otherwise provided, the provisions of this article shall apply whenever a bicycle or motorized scooter is operated upon any highway or upon any path set aside for the exclusive use of bicycles or motorized scooters. 19. RIDING ON A BICYCLE OR MOTORIZE3D SCOOTER: Title 47 O.S states: A. A person operating a bicycle shall ride upon or astride a permanent and regular attached seat. B. No bicycle or motorized scooter shall be used to carry more persons at one time than the number for which it is designed and equipped. 18. CLINGING TO VEHICLES: Title 47 O.S states: No person riding upon any bicycle, motorized scooter, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway. 19. CARRYING ARTICLES: Title 47 O.S states: No person operating a bicycle or motorized scooter shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars. 20. RESTRICTIONS ON CONTROLLED ACCESS HIGHWAYS: Title 47 O.S states: The Department of Transportation, the Oklahoma Transportation Authority, or local authorities may, with respect to any controlled-access roadway under their respective jurisdictions, prohibit the use of any such roadway by pedestrians, bicycles or other non-motorized traffic or by any person operating a motor-driven cycle. The Department of Transportation, the Oklahoma Transportation Authority, or local authorities adopting any such prohibitory regulations shall erect and maintain official signs on the controlled-access roadway on which such regulations are applicable and when so erected no person shall disobey the restrictions stated on such signs.

7 WHY DO CYCLISTS RIDE LIKE THAT? Graphic:

8 CYCLISTS LANE CONSIDERATIONS 1. Change in road condition like drive ways are a safety obstruction. 2. Road designs meant to move water are a safety obstruction. 3. Natural and man-made debris are a safety obstruction. 4. Safe position for one rider 5. Safe position for second rider when riding two abreast.

Washington Bicycle Traffic Laws

Washington Bicycle Traffic Laws RCW 46.04.071 Definition of Bicycle Bicycle means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of