Wednesday, November 19, 2008

Bicycling: What MD/DC/VA Law Says about Using the Road

I've been over this many times before. I'm just going to lay it out for you. This post will tell you what bikes are legally entitled and mandated to do on the roads in DC, MD, and VA. First, the basics:
  1. Bikes are allowed on any road (under 50mph) as much as cars are.
  2. Bikes should keep to the right except when it's not safe.
Below is all the proof.

In Maryland law (from the PDF), here are the sections that deal with what roads are usable.
21-1202 Traffic laws apply to bicycles and motor scooters
Every person operating a bicycle or a motor scooter in a public bicycle area has all the rights granted to and is subject to all the duties required of the the driver of a vehicle by this title, including the duties set forth in 21-504 of this title except:
(1) As otherwise provided in this subtitle; and
(2) For those provisions of this subtitle that by their very nature cannot apply.

21-1205.1 Bicycles, motor scooters, and EPAMD’s prohibited on certain roadways and highways; speed limit.
(a)
In general -Notwithstanding any other provision of this title, a person may not ride a bicycle or motor scooter;
(1)
On any roadway where the posted maximum speed limit is more than 50 miles per hour [Cyclists may operate on the shoulder of a roadway where the posted speed limit exceeds 50 mph unless otherwise prohibited.]; or
(2)
On any expressway, except on an adjacent bicycle path or way approved by the State Highway Administration, or on any other controlled access highway signed in accordance with 21-313 of this title.
(b)
Roadway with bike lane or shoulder paved to a smooth surface. –
(1)
Where there is a bike lane paved to a smooth surface or a shoulder paved to a smooth surface [COMAR October 29, 1979 defines smooth surface as a surface that has a texture equal to or better than the adjacent roadway and if the surface contains undulations which are no longer than the adjacent roadway.], a person operating a bicycle or a motor scooter shall use the bike lane or shoulder and may not ride on the roadway, except in the following situations:
(i)
When overtaking and passing another bicycle, motor scooter, pedestrian, or other vehicle within the bike lane or shoulder;
(ii)
When preparing for a left turn at an intersection or into an alley, private road, or driveway;
(iii) When reasonably necessary to leave the bike lane or shoulder to avoid debris or other hazardous condition; or
(iv)
When reasonably necessary to leave the bike lane or shoulder because the bike lane or shoulder is overlaid with a right turn lane, merge lane, or other marking that breaks the continuity of the bike lane or shoulder.
(2)
A person operating a bicycle or a motor scooter may not leave a bike lane or shoulder until the movement can be made with reasonable safety and the only after giving an appropriate signal.
(3)
The Department shall promulgate rules and regulations pertaining to this subsection which will include, but not limited to, a definition of “smooth surface.”
(c)
Motor scooter speed limit – A motor scooter may not be operated at a speed in excess of 30 miles per hour.
(d)
Restrictions on operating EPAMDs. – Notwithstanding any other provision of this title, a person may not operate an EPAMD on any roadway where there are sidewalks adjacent to the roadway or the posted maximum speed limit is more than 30 miles per hour.
(e)
EPAMD speed limit
Here is DC law, which is even less restrictive about road use for bikes:
1201.1 Every person who propels a vehicle by human power or who rides a bicycle on a highway shall have the same duties as any other vehicle operator under this title, except as otherwise expressly provided in this chapter, and except for those duties imposed by this title which, by their nature or wording, can have no reasonable application to a bicycle operator.

(There's nothing about bikes needing to stick to bike lanes or shoulders, let alone bike paths. Nothing. Read through the whole thing if you want.)
Virginia law (you can find it here):

§ 46.2-800. Riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, or mopeds; riding or driving animals. Every person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, or an animal or driving an animal on a highway shall be subject to the provisions of this chapter and shall have all of the rights and duties applicable to the driver of a vehicle, unless the context of the provision clearly indicates otherwise.

Right-Side Rules for Bikes

Bicyclists do not always have to use the rightmost side of the road. They should only be on the right if there is enough room on their left for a car to pass them without going into the other lane. Other safety factors are at play here, too, but that's the most damning one for all drivers who angrily (and dangerously) pass bikers and snarl "get on the right".

MD law (the same PDF as above):
21-1205 Riding on roadways or on highway.
(a)
Riding to right side of roadway. – Each person operating a bicycle or a motor scooter at a speed less than the speed traffic at the time and place and under the conditions then existing on a roadway shall ride as near to the right side of the roadway as practicable and safe, except when:
(1)
Making or attempting to make a left turn;
(2)
Operating on a one-way street;
(3)
Passing a stopped or slower moving vehicle;
(4)
Avoiding pedestrians or road hazards;
(5)
The right lane is a right turn lane; or
(6)
Operating in a lane that is too narrow for a bicycle or motor scooter and another vehicle to travel safely side by side within the lane.
(b)
Riding two abreast. – Each person operating a bicycle or motor scooter on a roadway may ride two abreast only if the flow of traffic is unimpeded.
(c)
Passing. – Each person operating a bicycle or motor scooter on a roadway shall exercise due care when passing a vehicle.
(d)
Walking bicycles on right side of highway. – Each person operating a bicycle or motor scooter on a roadway may walk the bicycle or motor scooter on the right side of a highway if there is no sidewalk.
DC law (PDF)
1201.2
(b) Except as provided in paragraph (c) of this subsection and in subsection 2202.9 of this title, any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall travel as closely as practicable to the right-hand curb or edge of the roadway, or as closely as practicable to the left-hand curb or edge of the roadway when on a one-way street.
(c) Any person operating a bicycle may move away from the positions described in subsection (b) as necessary under any of the following situations:
(1)
When overtaking and passing another bicycle or other vehicle proceeding in the same direction;

(2)
When preparing for a turn;

(3)
When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parking or moving vehicles, vehicle doors that are or may open, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to remain near the curb or edge of the roadway. For purposes of this section, a "a substandard width "lane" means a lane or other area on the roadway that is too narrow for a bicycle and an overtaking vehicle to travel safely side by side within the lane. Any lane that is eleven 11 feet wide or less shall be presumed be a substandard width lane for purposes of this subsection;

(4)
When necessary to comply with lane use restrictions; or

(5)
When necessary for the bicyclist's safety.
And VA law (exact section):

§ 46.2-905. Riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, motor-driven cycles, and mopeds on roadways and bicycle paths.

Any person operating a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped on a roadway at less than the normal speed of traffic at the time and place under conditions then existing shall ride as close as safely practicable to the right curb or edge of the roadway, except under any of the following circumstances:

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 including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right curb or edge;

4. When avoiding riding in a lane that must turn or diverge to the right; and

5. When riding upon a one-way road or highway, a person may also ride as near the left-hand curb or edge of such roadway as safely practicable.

For purposes of this section, a "substandard width lane" is a lane too narrow for a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or scooter, or moped and another vehicle to pass safely side by side within the lane.

Okay, now that I've put this on the Internet, all drivers will instantly become aware of it and stop endangering my life to spit at me about going over to the right.

Glad that's over with.

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