As more people move into cities, the popularity of self-propelled vehicles is on the rise. Millions of Americans ride bikes to work or school every day in every one of the United States. Others ride recreationally. Whatever the case, it is important for these bicyclists to know the laws affecting the safe use and operation of their human-powered vehicles before taking them out on the roads and sidewalks.
Bicycle Fittings
Most states require that any bicycle have a few pieces of standard safety equipment, particularly if operated at night. Generally, bicycles must have white reflectors on both wheels that are visible to others when illuminated by headlights at a distance of at least 50 feet. Similarly, they must have yellow reflectors on the pedals, a red reflector that faces to the rear of the bike, and a white reflector on the front. A growing number of states also require that the bike have an actual light facing front and another facing rear when the vehicle is operated at night on any roadway (and, in some jurisdictions, even on sidewalks and bike paths).
Most states also have requirements for the basic operating equipment on the bike. For example, it is generally required that the bicycle have a seat and handlebars if it will be operated on a roadway. They are also required to have brakes capable of bringing the bike to a stop within a reasonable distance and of locking the wheels to a skid. Additionally, though it may go without saying, the bicycle requires two wheels to be legally operated in most jurisdictions (i.e., it is generally not acceptable to ride the bike in a “wheelie” if the front wheel is missing or stolen).
If the bicycle has a motor, it must be under a certain engine size in order to be legal to operate. Too large and the bicycle may reclassify as a motorized vehicle, requiring a driver's license with motorcycle endorsement, a license plate, and additional safety equipment.
Safety Equipment
The rider is generally the most regulated component of a bicycle. As of the date of this article, 21 states and the District of Columbia have a helmet law for bicyclists below a certain age (usually 16). The remaining 29 states have no bicycle helmet law. If in doubt, check with a local law enforcement officer or attorney. You can find lawyers familiar with bicycle safety laws in your jurisdiction by visiting HG.org and using the attorney search function to find representation in your area.
Operating the Bicycle
A final area of safety regulation comes from the actual operation of the bicycle. In virtually every state, the law requires that riders avoid interfering with the flow of motorized vehicle traffic as much as possible. This is generally done by remaining as far to the right of the lane as possible except when passing or turning left. If a bike lane is provided, the rider is obliged to use it. However, in many jurisdictions it is legal to operate a bicycle both on the road and on sidewalks or paths, provided that the rider does not interfere with other pedestrians.
When operating on the roadway, bicyclists are generally treated like other motor vehicles. Many states require bicycles to stop at red lights and stop signs, signal turns and braking (using legally recognized hand signals), and observe other laws of the road just like a car or truck. It is also possible to receive a ticket for traffic violations caused while operating a bicycle in most jurisdictions, and even have points assessed against a driver's license as though the person was operating a motor vehicle at the time of the citation.
Also, and perhaps most importantly, most states also ban the use of alcohol or other drugs before operating a bicycle on the roadway. It is possible in many states to receive a DUI or DWI while operating a bicycle, while in other states it may fall under the heading of public intoxication, drunk and disorderly conduct, or similar legal infractions.
If ticketed while operating a bicycle, the rider has the same rights and obligations as those operating a motor vehicle. It may be wise to consult an attorney under these circumstances to ensure that the results of any such ticket or citation does not adversely affect the recipient's driver's license, insurance rates, or other rights.
