Bicycle law

A bicyclist waits at a bicycle traffic signal in Helsinki.

Cycling signal in Rotterdam

Bicycle law is the parts of law that apply to the riding of bicycles.

Bicycle law varies from country to country, but in general, cyclists' right to the road has been enshrined in international law 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.^[1] 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.

The position of British cyclists was first established by the Local Government Act in August, 1888. It removed the right of local councils to treat cyclists among the "nuisances" it could ban and defined them as "carriages"."^[2]

National

Belgian B23 sign. Cyclists may tread a red light as a yield sign

Australia

Main article: Cycling in Australia

Cyclists in every state in Australia are required to follow normal road rules, including using traffic lights correctly and observing give way and stop signs while riding on the road. Cyclists in every state must also wear helmets while in motion. All cyclists must only use the left hand lane, except in Queensland. All states require only one passenger per bicycle unless the bicycle is designed otherwise. They are required to use a bike light when riding at night in Western Australia, Tasmania, Northern Territory, South Australia and Queensland.

Bike users in Western Australia and Tasmania must use both hand signals, while in Victoria, Queensland and Northern Territory cyclists must signal when turning right but it is not compulsory when turning left. New South Wales cyclists over 18 must carry personal identification. Cyclist must have at least one hand on handle bars in Western Australia, Northern Territory and Queensland.

Cyclist may ride on standard footpaths in Western Australia, Northern Territory, South Australia and Australian Capital Territory. In Victoria and New South Wales cyclists can only ride on a footpath if they're under the age of 12 or supervising a child under 12, or have a disability which restrains them from being able to ride on the road. In Queensland cyclists can ride on any path as long as there isn’t a sign stating otherwise. Cyclists may ride in pairs in South Australia and the two rows must be no more than 1.5 meters apart in Western Australia and Queensland. Cyclists must ride single file in Northern Territory and Australian Capital Territory unless overtaking. Cyclists across Australia must follow the same rules as motor vehicle drivers in regards to using mobile phones and consuming alcohol.^{[3][4][5][6][7][8][9]}

Belgium and France

Belgium and France allow cyclists to pass some red lights with red-as-yield signs.

United States

Main article: Bicycle law in the United States

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.^[10]

By the mid-1980s, a substantial body of law pertaining to bicycles had developed, and a few attorneys in the United States 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.

India

As stated in the Motor Vehicles Act, 1988, which was amended in 2019, any vehicle whether motorised or mechanically propelled, runs on the road and is considered a vehicle. The ruling implied that a Bicycle is considered a vehicle in India.^[11] While there are no penalties drafted against bicyclists and that they need not require license to ride, the Act does recommend that bicyclists follow the same traffic laws and obey signs, along with mandating that motor vehicles give way to bicyclists and pedestrians. Like majority of nations, bicycles are prohibited on expressways that have high speed limits, although major city roads and national highways across the country allow bicycles to ply.^[12]

However, some state legislations, municipal authorities or law enforcement officials have made specific rules and imposition of penalties on bicyclists due to absence of provisions against them in the Motor Vehicles Act. While many of them have received positive feedback from transport experts as well as bicycle groups, some of the orders and rulings have been criticized for being absurd and not bicycle friendly, along with police misconduct and harassment, as law enforcement officials have seized bicycles or deflated tires as a deterrent. For instance, in 2008, the Kolkata traffic police enforced an order to prohibit bicycles on several roads stating they caused traffic congestion, which led to extreme backlash and civil suits against the department, as the order was not approved by the State Government and bicyclists were penalized(or seized) for riding on the prohibited roads.^[13] Alongside, due to rising bicyclists fatalities for not following traffic laws, the administration of Chandigarh district began to penalize bicyclists for any violations like breaking traffic lights since 2015.^[14] Beginning in November 2021, the Kolkata Police began to penalize and prosecute bicyclists found to be pedaling under influence if they failed a breathalyzer test and were found to have blood alcohol level in excess of 0.03% (30 mg per 100 ml blood)as per the limits stated in section 85 of the Motor Vehicles Act, although riders found to be pedaling drunk have been only charged with public intoxication rather than drunken riding/pedaling.^[15]

While the Motor Vehicles Act does not mandate penalties above Rs. 100(US $1.25) due to non-requirement of licenses, there are instances where bicyclists have been penalized steeply for violation of some rules and orders. For instance, bicyclists found riding on Bandra–Worli Sea Link, the Trans Harbour Link, Eastern Freeway, the BKC-Chunabhatti flyover, and the Coastal Road have been slapped hefty penalties of Rs 1200(US $15) or more by Mumbai traffic police, which have been noted to be extremely steep and not approved by state legislation.^[16][17] While in some cases where bicyclists who refused to pay the penalties were issued court notices, several riders, especially minors, have been given warnings by law enforcement officials.

See also

• Outline of cycling
• Bicycle helmet laws
• Electric bicycle laws
• Transport law

References

1. Vienna Convention on Road Traffic
2. The Bicycle, UK, 11 August 1943, p3
3. "Cycling in WA". Cycling in WA. Government of Western Australia. 5 November 2015. Archived from the original on 8 April 2016. Retrieved 17 May 2016.
4. "Centre for Road Safety". Staying Safe. Transport for NSW. 21 December 2015. Retrieved 17 May 2016.
5. "Road Safety Advisory Council". Bike riders. The Department of State Growth. 20 October 2015. Archived from the original on 4 June 2016. Retrieved 17 May 2016.
6. "Cyclist road rules and safety". Cyclist road rules and safety. The Government of South Australia. 2016. Archived from the original on 11 June 2016. Retrieved 17 May 2016.
7. "Territory and Municipal Services". Road Rules. ACT Government. 17 March 2016. Archived from the original on 11 June 2016. Retrieved 17 May 2016.
8. "BicycleNT". NT road rules. BicycleNT. Archived from the original on 9 May 2016. Retrieved 17 May 2016.
9. "Victoria Law Foundation". Bike Law. Monkii. 11 March 2016. Archived from the original on 6 May 2016. Retrieved 17 May 2016.
10. Mionske, Bob, Bicycling & the Law 345 (VeloPress 2007)
11. "Can a Cyclist Run a Red Light in India? [10 Basic Rules Explained]".
12. "No move to ban cycles on roads, says Gadkari". 31 March 2017.
13. "Cycle ban in Kolkata: activists petition high court".
14. "Chandigarh to become first city to penalise cyclists".
15. "39-year-old Kolkata's 1st cyclist to be booked for 'drink-riding". The Times of India. 27 November 2021.
16. "Can you bicycle down the Eastern freeway?". 25 December 2020.
17. "Rajiv Gandhi setu (Bandra-Worli sea link) & Bandra Fort | My India". www.mapsofindia.com. 19 March 2014. Archived from the original on 21 March 2018. Retrieved 20 March 2018.