Comments on: League Takes the Lead on Bike Laws

By: Les Leathem

Les Leathem — Sat, 19 Jan 2013 02:16:19 +0000

Just started looking through the bike laws page. I live in NJ, and you correctly state that under state statute 39:1-1, bicycles are not considered vehicles. However, under section 39:4-14.5, the bicycle is defined as a two-wheel vehicle.

So in NJ, a bicycle both is and is not a vehicle!

By: Joel Hoback

Joel Hoback — Tue, 15 Jan 2013 20:34:43 +0000

As an additional source of information, we have the domains http://www.safepassing.com and http://www.safepassing.net that the club maintains to provide information regarding initiatives at the state, national and global level. Drilling down at the state level can prove a valuable resource – for example, in the state of Texas, although there are no state level safe passing or vulnerable road users laws – there are a number of cities that have passed local ordinances. There are other states taking this approach while waiting on a broader application of the law. Hope this helps and thanks for the great info you’ve provided!

By: Ken

Ken — Tue, 15 Jan 2013 14:17:46 +0000

Bicycling under the influence can be a very complicated legal subject.

There are three cases that have interpreted whether the New Jersey drunk driving statute applies to bicyclists that I know of. State v. Tehan, 190 N.J. Super. 348 (1982) found that the drunk driving statute applied to bicyclists. State v. Johnson, 203 N.J. Super. 436 (1985) and State v. Machuzak, 227 N.J. Super. 279 (1988) found that the drunk driving statute did not apply to bicyclists.

Each decision was a trial court decision, so there is no controlling opinion at this time. I chose to go with the more recent interpretation, which is also consistent with how similar provisions have been interpreted in other states. It would be great if the law was clearer in this area and it would be great to see other research so that we can provide accurate resources.

By: Andrew J Besold LCI#2682

Andrew J Besold LCI#2682 — Tue, 15 Jan 2013 01:38:47 +0000

I agree with Lloyd on New Jersey law. I did an extensive review of NJ Title 39 regarding bicycling while in grad school. I interpret 39:4-14.1 the same way.

Still this is an excellent bit of work at LAB and is exactly the type of work I want LAB to do. Keep it up!

By: Lloyd Davis

Lloyd Davis — Mon, 14 Jan 2013 19:07:58 +0000

Ken
NJ bike laws stipulate: “39:4-14.1 Rights and Duties of Persons on Bicycles.
Every person riding a bicycle on a roadway is granted all the rights and subject to all of the duties of the motor vehicle driver.”
Being subject to all the duties of the motor vehicle driver would imply that riding a bike under the influence, is a violation.
Lloyd

By: Ken

Ken — Mon, 14 Jan 2013 16:31:21 +0000

Thank you for the feedback. Compiling state laws was a long process and it is great to see the interest of the cycling community. Accuracy is absolutely important and it is very helpful to have interested cyclists throughout the country who can check our work, keep us up to date, and supplement the resources we provide.

By: Natalie aka Bike Mom

Natalie aka Bike Mom — Sat, 12 Jan 2013 16:57:56 +0000

It’s nice to have a summary like this, but it’s important it be accurate. For example, under Hawaii it says that we do not have a vulnerable users law. That law was actually passed by the legislature last year and became law on 7/10/12.

In addition, I think it’s important for us to be clear about the distinction between bike lanes and bike paths. Under Hawaii, it indicates “Mandatory Use of Bike Paths, but the law is actually about use of bike lanes.

There is a header for “distracted driving.” Wouldn’t regulation of cell phone usage fall under this? If so, we do have a law about that on Oahu.

By: Matt O'Toole

Matt O'Toole — Fri, 11 Jan 2013 04:40:34 +0000

In case you’re wondering how Virginia’s ’3 feet’ law became ’2 feet’… http://www.vabike.org/how-three-feet-to-pass-became-two-feet/

By: Keith Webb

Keith Webb — Thu, 10 Jan 2013 23:46:00 +0000

We incorporated the 3-ft law message in our Tennessee Share the Road license plate, it is making a difference! Check it out at http://jeffrothcyclingfoundation.org –As Ramon mentions, local ordinances should reflect state law.

By: Aaron Barker

Aaron Barker — Thu, 10 Jan 2013 21:54:44 +0000

BTW, the 3 feet please jersey pictured is available here: http://www.voler.com/partner/li/3FeetPlease/