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The current Missouri State Statutes concerning bicyclists can be found on-line by searching for “MO Bike Law.”

The Missouri Department of Transportation (MoDOT) version may be downloaded as a pdf file (MO_bikelaw_120505_000.pdf). The regulations may also be viewed on-line on the Missouri Bicycle and Pedestrian Federation website (http://mobikefed.org/content/missouris-bicycle-and-pedestrian-laws).

The latter contains “304.285. Red light violations” which is omitted from the MoDOT version, dated August 2005. This was evidently enacted August 28, 2013, according to Missouri Revised Statutes, Chapter 304, Traffic Regulations, Section 304.285.

Below is the relevant current language of the Missouri State Statutes Regarding Bicyclists:

Missouri State Statutes Regarding Bicyclists

300.347. Riding Bicycle On Sidewalks, Limitations – Motorized Bicycles Prohibited

(1) No person shall ride a bicycle upon a sidewalk within a business district; (2) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian; (3) No person shall ride a motorized bicycle upon a sidewalk.

300.350. Riding Bicycles, Sleds, Roller Skates, By Attaching To Another Vehicle, Prohibited

No person riding upon any bicycle, motorized bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

300.330. Bicycle Lane Regulations

The driver of a motor vehicle shall not drive within any sidewalk area except as a permanent or temporary driveway. A designated bicycle lane shall not be obstructed by a parked or standing motor vehicle or other stationary object. A motor vehicle may be driven in a designated bicycle lane only for the purpose of a lawful maneuver to cross the lane or to provide for safe travel. In making an otherwise lawful maneuver that requires traveling in or crossing a designated bicycle lane, the driver of a motor vehicle shall yield to any bicycle in the lane. As used in this section, the term “designated bicycle lane” shall mean a portion of the roadway or highway that has been designated by the governing body having jurisdiction over such roadway or highway by striping with signing or striping with pavement markings for the preferential or exclusive use of bicycles.

300.411 And 304.678 Overtake Bicycles At A Safe Distance

(1) The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in section 300.010, RSMo, shall leave a safe distance, when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle. (2) Any person who violates the provisions
of this section is guilty of an infraction unless an accident is involved in which case it shall be a class C misdemeanor.

304.285. Red light violations

Any person operating a motorcycle or bicycle who violates the provisions of section 304.281 or section 304.301 by entering or crossing an intersection controlled by a traffic control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:

(1) The motorcycle or bicycle has been brought to a complete stop;

(2) The traffic control signal continues to show a red light for an unreasonable time;

(3) The traffic control is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the motorcycle; and

(4) No motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.

The affirmative defense of this section applies only to a violation for entering or crossing an intersection controlled by a traffic control signal against a red light and does not provide a defense to any other civil or criminal action.]

307.180. Bicycle And Motorized Bicycle, Defined

As used in sections 307.180 to 307.193: (1) The word bicycle shall mean every vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, or two parallel wheels and one or two forward or rear wheels, all of which are more than fourteen inches in diameter, except scooters and similar devices; (2) The term motorized bicycle shall mean any two or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at a maxi- mum speed of not more than thirty miles per hour on level ground. A motorized bicycle shall be considered a motor vehicle for purposes of any homeowners- or renters- insurance policy.

307.183. Brakes Required

Every bicycle and motorized bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle or motorized bicycle within twenty-five feet from a speed of ten miles per hour on dry, level, clean pavement.

307.185 Lights And Reflectors, When Required – Standards To Be Met

Every bicycle and motorized bicycle when in use on a street or highway during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with the following: (1) A front-facing lamp
on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred feet; (2) A rear-facing red reflector, at least two square inches in reflective surface area, or a rear-facing red lamp, on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle head-lights at six hundred feet; (3) Ref lective material and/or lights visible from the front and the rear on any moving part of the bicyclists, pedals, crank arms, shoes or lower leg, visible from the front and the rear at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred feet; and (4) Reflective material and/or lights visible on each side of the bicycle or bicyclist visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred feet. The provisions of this subdivision shall not apply to motorized bicycles which comply with National Highway Traffic and Safety Administration regulations relating to reflectors on motorized bicycles.

307.188. Rights And Duties Of Bicycle And Motorized Bicycle Riders

Every person riding a bicycle or motorized bicycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by chapter 304, RSMo, except as to special regulations in sections 307.180 to 307.193 and except as to those provisions of chapter 304, RSMo, which by their nature can have no application.

307.190. Riding To Right, Required For Bicycles And Motorized Bicycles

Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the f low of traffic upon a street or highway shall ride as near to the right side of the roadway as safe, exercising due care when passing a standing vehicle or one proceeding in the same direction, except when making a left turn, when avoiding hazardous conditions, when the lane is too narrow to share with another vehicle or when on a one-way street. Bicyclists may ride abreast when not impeding other vehicles.

307.191. Shoulder Riding, Allowed But Not Required For Bicyclist Operators


(1) A person operating a bicycle at less than the posted speed or slower than the f low of traffic upon a street or highway may operate as described in section 307.190, or may operate on the shoulder adjacent to the roadway. (2) A bicycle operated on a roadway, or the shoulder adjacent to a roadway, shall be operated in the same direction as vehicles are required to be driven upon the roadway. (3) For purposes of this section and section 307.190, “roadway,” means that portion of a street or highway ordinarily used for vehicular travel, exclusive of the berm or shoulder.

307.192. Bicyclists May Signal Right Turn With Right Arm

The operator of a bicycle shall signal as required in section 304.019, RSMo, except that a signal by the hand and arm need not be given continuously if the hand is needed to control or operate the bicycle. An operator of a bicycle intending to turn the bicycle to the right shall signal as indicated in section 304.019, RSMo, or by extending such operator’s right arm in a horizontal position so that the same may be seen in front and in rear of the vehicle.

307.193. Penalty For Violation

Any person seventeen years of age or older who violates any provision of sections 307.180 to 307.193 is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than twenty-five dollars. Such an infraction does not constitute a crime and conviction shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. If any person under seventeen years of age violates any provision of sections 307.180 to 307.193 in the presence of a peace officer possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, said officer may impound the bicycle or motorized bicycle involved for a period not to exceed five days upon issuance of a receipt to the child riding it or to its owner.






         

The current St. Louis County ordinance concerning bicyclists is both confusing and discriminatory. It is confusing because it includes non-motorized scooter operators, roller bladers, roller skaters, and skateboarders, not normally found in bicycle-related ordinances or statutes. It is discriminatory because it contains the so-called Far To the Right (FTR) requirement which essentially treats bicyclists as second-class road users by generally confining them in or close to the gutter even on multi-lane roads or when it is potentially unsafe.

That is frequently true even when a bike lane is provided. And when a bike lane is striped next to on-street parking, even if a buffer lane is striped to reduce the possibility, the bicyclist still risks injury resulting from a suddenly opened motorist’s door.

To address the above issues it is suggested that St. Louis County adopt the current Missouri State Statutes Regarding Bicyclists, but with equitable language replacing the current discriminatory Section 307.190. Riding To Right, Required For Bicycles And Motorized Bicycles.

Below is the relevant current language but with the changes indicated above to Section 307.190:

Missouri State Statutes Regarding Bicyclists

300.347. Riding Bicycle On Sidewalks, Limitations – Motorized Bicycles Prohibited

(1) No person shall ride a bicycle upon a sidewalk within a business district; (2) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian; (3) No person shall ride a motorized bicycle upon a sidewalk.

300.350. Riding Bicycles, Sleds, Roller Skates, By Attaching To Another Vehicle, Prohibited

No person riding upon any bicycle, motorized bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

300.330. Bicycle Lane Regulations

The driver of a motor vehicle shall not drive within any sidewalk area except as a permanent or temporary driveway. A designated bicycle lane shall not be obstructed by a parked or standing motor vehicle or other stationary object. A motor vehicle may be driven in a designated bicycle lane only for the purpose of a lawful maneuver to cross the lane or to provide for safe travel. In making an otherwise lawful maneuver that requires traveling in or crossing a designated bicycle lane, the driver of a motor vehicle shall yield to any bicycle in the lane. As used in this section, the term “designated bicycle lane” shall mean a portion of the roadway or highway that has been designated by the governing body having jurisdiction over such roadway or highway by striping with signing or striping with pavement markings for the preferential or exclusive use of bicycles.

300.411 And 304.678 Overtake Bicycles At A Safe Distance

(1) The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in section 300.010, RSMo, shall leave a safe distance, when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle. (2) Any person who violates the provisions
of this section is guilty of an infraction unless an accident is involved in which case it shall be a class C misdemeanor.

304.285. Red light violations

Any person operating a motorcycle or bicycle who violates the provisions of section 304.281 or section 304.301 by entering or crossing an intersection controlled by a traffic control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:

(1) The motorcycle or bicycle has been brought to a complete stop;

(2) The traffic control signal continues to show a red light for an unreasonable time;

(3) The traffic control is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the motorcycle; and

(4) No motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.

The affirmative defense of this section applies only to a violation for entering or crossing an intersection controlled by a traffic control signal against a red light and does not provide a defense to any other civil or criminal action.]

307.180. Bicycle And Motorized Bicycle, Defined

As used in sections 307.180 to 307.193: (1) The word bicycle shall mean every vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, or two parallel wheels and one or two forward or rear wheels, all of which are more than fourteen inches in diameter, except scooters and similar devices; (2) The term motorized bicycle shall mean any two or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at a maxi- mum speed of not more than thirty miles per hour on level ground. A motorized bicycle shall be considered a motor vehicle for purposes of any homeowners- or renters- insurance policy.

307.183. Brakes Required

Every bicycle and motorized bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle or motorized bicycle within twenty-five feet from a speed of ten miles per hour on dry, level, clean pavement.

307.185 Lights And Reflectors, When Required – Standards To Be Met

Every bicycle and motorized bicycle when in use on a street or highway during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with the following: (1) A front-facing lamp
on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred feet; (2) A rear-facing red reflector, at least two square inches in reflective surface area, or a rear-facing red lamp, on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle head-lights at six hundred feet; (3) Ref lective material and/or lights visible from the front and the rear on any moving part of the bicyclists, pedals, crank arms, shoes or lower leg, visible from the front and the rear at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred feet; and (4) Reflective material and/or lights visible on each side of the bicycle or bicyclist visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred feet. The provisions of this subdivision shall not apply to motorized bicycles which comply with National Highway Traffic and Safety Administration regulations relating to reflectors on motorized bicycles.

307.188. Rights And Duties Of Bicycle And Motorized Bicycle Riders

Every person riding a bicycle or motorized bicycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by chapter 304, RSMo, except as to special regulations in sections 307.180 to 307.193 and except as to those provisions of chapter 304, RSMo, which by their nature can have no application.

307.190. Riding on roadways.

Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway shall ride in the same direction as traffic as defined below:

1. On a multi-lane roadway, every person operating a bicycle or motorized bicycle shall ride in the right lane of travel in any lateral position they choose; such person may use the left lane of travel to pass a slower moving vehicle, to prepare for making a left turn, or when on a one-way street.

2. On an unlaned roadway, every person operating a bicycle or motorized bicycle shall ride near the right side of the roadway except when unsafe conditions exist, such as when approaching the brow of a hill or a blind right hand bend, or when necessary to avoid hazardous conditions such as uneven pavement, pavement joints, potholes, drain covers, or debris.

[Above new wording replaces: Riding To Right, Required For Bicycles And Motorized Bicycles

Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway shall ride as near to the right side of the roadway as safe, exercising due care when passing a standing vehicle or one proceeding in the same direction, except when making a left turn, when avoiding hazardous conditions, when the lane is too narrow to share with another vehicle or when on a one-way street. Bicyclists may ride abreast when not impeding other vehicles.
]

307.191. Shoulder Riding, Allowed But Not Required For Bicyclist Operators


(1) A person operating a bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may operate as described in section 307.190, or may operate on the shoulder adjacent to the roadway. (2) A bicycle operated on a roadway, or the shoulder adjacent to a roadway, shall be operated in the same direction as vehicles are required to be driven upon the roadway. (3) For purposes of this section and section 307.190, “roadway,” means that portion of a street or highway ordinarily used for vehicular travel, exclusive of the berm or shoulder.

307.192. Bicyclists May Signal Right Turn With Right Arm

The operator of a bicycle shall signal as required in section 304.019, RSMo, except that a signal by the hand and arm need not be given continuously if the hand is needed to control or operate the bicycle. An operator of a bicycle intending to turn the bicycle to the right shall signal as indicated in section 304.019, RSMo, or by extending such operator’s right arm in a horizontal position so that the same may be seen in front and in rear of the vehicle.

307.193. Penalty For Violation

Any person seventeen years of age or older who violates any provision of sections 307.180 to 307.193 is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than twenty-five dollars. Such an infraction does not constitute a crime and conviction shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. If any person under seventeen years of age violates any provision of sections 307.180 to 307.193 in the presence of a peace officer possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, said officer may impound the bicycle or motorized bicycle involved for a period not to exceed five days upon issuance of a receipt to the child riding it or to its owner.






         

Pasted below is the current (as of 2014-10-04) St. Louis County ordinance pertaining to bicyclists on public roads, which was amended in 2001 by the addition of “scooter operators, roller bladers, roller skaters, and skateboarders” to “bicyclists.”

In 2008, a section was added in the Code of Ordinances under Department of Health making it mandatory for those over 1 and under 17 years of age to wear a bicycle safety helmet.

1210.010 Scope of Regulations.
https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.050RIHIROAL

—These regulations apply to bicyclists, scooter operators, roller bladers, roller skaters, and skateboarders when such devices are operated upon any highway, roadway or alleyway or upon any path set aside for the exclusive use of such devices subject to those exceptions stated by this code. For purposes of this chapter, a “scooter” shall be defined as a device that typically has one (1) front and one (1) rear wheel with a low footboard between, is steered by a handlebar, and is propelled either by pushing one foot against the ground while resting the other foot on the footboard or by a motor. A scooter may have more than two (2) wheels.
(O. No. 20502, 5-29-01)

1210.020 Traffic Laws to Apply. https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.020TRLAAP

—Every person operating a bicycle, scooter, roller blades, roller skates or skateboard upon a highway, roadway or alleyway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by the laws of this State declaring rules of the road applicable to the driver of a vehicle, except as to special regulations in this chapter, and except as to those provisions of law and ordinance which by their nature can have no application.
(O. No. 20502, 5-29-01)

1210.030 Obedience to Traffic Control Devices.
https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.030OBTRCODE

—1. Any person operating a bicycle, scooter, roller blades, roller skates or skateboard shall obey the instructions of official traffic control devices applicable to vehicles, unless otherwise directed by a law enforcement officer.

2.
Whenever authorized signs are erected indicating that no right or left or U turn is permitted, no person operating a bicycle, or scooter, shall disobey the direction of any such sign. Where such person dismounts from such devices to make any such turn, the person shall then obey the regulations applicable to pedestrians.
(O. No. 20502, 5-29-01)

1210.040 Riding on Bicycles, Scooters or Skateboards.
https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.040RIBISCSK

—1. A person propelling a bicycle shall not ride on a seat other than a permanent and regularly attached seat.

2.
No bicycle, scooter or skateboard shall be used to carry more persons at one (1) time than the number for which it is designed and equipped.
(O. No. 20502, 5-29-01)

1210.050 Riding on Highways, Roads, Alleyways.
https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.050RIHIROAL

—1. Every person operating a bicycle, or scooter, upon a highway, roadway or alleyway shall ride as near to the right side of the highway, roadway or alleyway as practicable and shall exercise due care when passing a standing vehicle or one proceeding in the same direction.

2.
Persons riding bicycles, scooters, roller blades, roller skates, or skateboards upon a road shall not ride more than two (2) abreast except when riding on paths or part of roads set aside for the exclusive use of such devices.
(O. No. 20502, 5-29-01)

1210.060 Speed.
https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.060SP

—No person shall operate a bicycle, scooter, roller blades, roller skates, or skateboard at a speed greater than is reasonable and prudent under the existing conditions nor shall such operator exceed the legal speed limit for the roadway while riding upon the roadway.
(O. No. 20502, 5-29-01)

1210.070 Emerging from Alleyway, Private Roadway or Driveway.
https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.070EMALPRRODR

—The operator of a bicycle, scooter, roller blades, roller skates or skateboard emerging from an alleyway, private roadway, driveway or building shall, upon approaching a sidewalk or the sidewalk area, yield the right-of-way to all pedestrians approaching on the sidewalk or sidewalk area. Upon entering the highway or roadway, the operator shall yield the right-of-way to all vehicles approaching on the highway or roadway.
(O. No. 20502, 5-29-01)

1210.080 Carrying Articles.
https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.080CAAR

—No person operating a bicycle or scooter shall carry any package, bundle or article which prevents the rider from keeping at least one (1) hand upon the handle bars.
(O. No. 20502, 5-29-01)

1210.090 Parking.
https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.090PA

—No person shall park a bicycle or scooter upon a highway, roadway, or sidewalk in such a manner as to obstruct vehicular or pedestrian traffic.
(O. No. 20502, 5-29-01)

1210.100 Lamps and Other Equipment on Bicycles.
https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.100LAOTEQBI

—1. Every bicycle or scooter when in use at nighttime shall be equipped with and shall use a lamp on the front which emits a white light visible from a distance of at least five hundred (500) feet to the front and with a red, white or yellow reflector on the rear of a type which is visible from all directions from fifty (50) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector.

2.
Every bicycle or scooter shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.
(O. No. 20502, 5-29-01)

1210.107 Roller Skates, Roller Blades, and Skateboards—Use Restricted.
https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.107ROSKROBLSKSERE

—No person upon roller skates, roller blades or a skateboard shall go upon any road except while crossing the road. When so crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to all other pedestrians.
(O. No. 20502, 5-29-01)

1210.110 Penalties.
https://library.municode.com/HTML/11512/level2/TITXIITRCO_CH1210REBISCOPROBLROSKSK.html#TITXIITRCO_CH1210REBISCOPROBLROSKSK_1210.110PE

—Every person convicted of a violation of any provision of this chapter shall be punished by a fine of not more than ten dollars ($10.00).
(O. No. 23830, 12-9-08)

In addition to the above is the following section, enacted in 2008, relating to mandatory helmet wearing for those >1 but <17 years old:

602.600 Bicyclists Under the Age of Seventeen to Wear Protective Headgear.
https://library.municode.com/HTML/11512/level2/TITVIPUHEWE_CH602PUHE.html#TITVIPUHEWE_CH602PUHE_602.600BIUNAGSEWEPRHE

—1. The provisions of this section shall apply throughout St. Louis County, except in cities having both a population of seventy-five thousand (75,000) or more and an organized health department.
2.
It shall be unlawful for a parent or guardian to permit a child of at least one year of age and who has not reached the age of seventeen to operate or be a passenger on a bicycle, a scooter, roller skates, roller blades or a skateboard unless the child shall wear protective headgear which properly fits and is fastened securely upon the head of the operator or passenger. The headgear shall meet or exceed the impact standard for protective bicycle helmets set by the U.S. Consumer Products Safety Commission, the American National Standards Institute (ANSI), the Snell Memorial Foundation or the American Society of Testing and Materials (ASTM).
3.
Every person reasonably believed by a law enforcement officer to have violated the provisions of this section shall be issued a Notice of Violation on a form approved by the Director of Health. The Notice of Violation shall advise persons to whom it is issued of the dangers to children under the age of seventeen associated with operating bicycles and the items set out in subsection 2 hereof without protective headgear. The Director of Health shall keep and maintain records of all persons issued a Notice of Violation. Any person receiving more than two Notices of Violation within a twelve-month period shall be mailed a summons charging such person with having violated this ordinance.
4.
Every person convicted of a violation of this ordinance shall be punished by a fine of not more than ten dollars ($10.00).
(O. No. 23830, 12-9-08)






         

This story first grabbed the headlines back in April of this year, after cyclist Cherokee Schill was repeatedly ticketed for controlling the outside lane on busy multi-lane roads on her way to and from work.

Cyclist Cherokee Schill on her work commute

Cyclist Cherokee Schill on her work commute

She’s finally had her day in court but justice was evidently not done. The judge stated that she could have used the shoulder instead of controlling the lane, to which she replied: “I’m not going to change how I ride.”

This is the result of the discriminatory Far To the Right (FTR) law common in states throughout the U.S. It requires a cyclist to ride as far right as “safe” or “practicable,” with certain exceptions, including the ill-defined “when the lane is too narrow to share.” Repeal of this law, which may be easiest to accomplish at the local level, should be a major goal of cyclists wanting equal treatment on public roads.

In Missouri, so far only the City of Ferguson, population 21,000 in North St. Louis County, has taken this step by replacing its former FTR language, based on state law, with an ordinance explicitly allowing bicyclist lane control.

The story below mentions Steve Magas as co-defense counsel. Steve Magas, from Cincinnati, OH, frequently represents injured cyclists. He has an active website at www.ohiobikelawyer.com and can also be reached at 513.484.BIKE [2453]

I’m glad that Cherokee Schill plans to appeal, for which she will need financial assistance. If you wish to contribute you can do so by clicking Appeal fund.

Jessamine judge decides Nicholasville Road bicycle commuter violated law
BY GREG KOCHER September 12, 2014

Read more here: http://www.kentucky.com/2014/09/12/3426401/jessamine-judge-decides-nicholasville.html#storylink=cpy

NICHOLASVILLE — In a case watched by bicyclists inside and outside Kentucky, a woman who commutes by bike via U.S. 27 from Nicholasville to Lexington was found Friday to have violated a law on careless driving.

Jessamine District Court Judge Bill Oliver also found that Cherokee Schill had violated a law requiring slow-moving vehicles to move to as far to the right “as practicable.” Oliver imposed fines and court costs of $433, which Schill has a year to pay.

Schill, 41, said she plans to appeal the judge’s decision, which came at the end of a day-long trial.

She argued that the shoulder is hazardous because of debris and rumble strips that could cause her to fall. Her expert witnesses and defense attorneys argued that it is safer for a cyclist to be in the lane of travel so that cars behind her can see her clearly and have time to brake or merge left.

Schill said the judge’s ruling seems to ask her “to operate my bicycle carelessly by weaving in and out of traffic — going off the roadway, going forward, and then going off the roadway again, which is much, much more dangerous than just riding a straight line and operating predictably.”

She added, “I’m not going to change how I ride.”

Schill, the mother of two teenagers, said in an interview this year that she commutes by bike to help keep her household afloat and to reduce expenses. She said she has a car, but it is not dependable.

Schill was ticketed in Jessamine County three times this year, once while she was returning from her job at Webasto on Lexington’s north side and twice while she was en route to off-work activities.

She is no longer employed by Webasto but attends classes in Lexington to be an EKG technician.

Police officers who had ticketed her said she was causing a safety hazard for motorists on U.S. 27. Some 43,000 motor vehicles travel that section of road in northern Jessamine County each day, according to state traffic counts.

In each citation, the judge found that Schill could have used the shoulder rather than operating her bike in the roadway.

Before trial, Schill was cited only with three counts of careless driving. But on Friday immediately before trial, Assistant County Attorney Eric Wright added three more counts that said Schill had violated the following subsection of Kentucky law: “The operator of any vehicle moving slowly upon a highway shall keep his vehicle as closely as practicable to the right-hand boundary of the highway, allowing more swiftly moving vehicles reasonably free passage to the left.”

A rule of criminal procedure allows a prosecutor to add charges to clarify a citation, Wright said. He emphasized repeatedly that bikes are vehicles and, as such, must comply with all laws that apply to vehicles.

Kentucky defines “highway” as the lane of travel and the shoulder; for that reason, moving “as closely as practicable to the right-hand boundary” means moving to the shoulder, Wright said.

On roads where there are no paved shoulders and the cyclist has nowhere else to go, Oliver said the responsibility lies more with the motorist to give leeway to the cyclist.

But where a paved shoulder is available, Oliver said the responsibility lies more with the cyclist to choose a safer option.

Addressing Schill directly, Oliver said, “I will caution you at this point — you want to avoid any further violations of the law. I’m not telling you that you can’t have your bicycle out there. We’ve established that bicycles have some rights out there.

“I would encourage you to be careful,” Oliver said. “Almost every moment there is a different situation where you have to decide whether you have the right to be where you are or if you need to be further to the right. That’s not an easy thing for you to do or for anyone else. But it is, I think under the current law, what you have to do.”

Steve Magas

Steve Magas

Steve Magas was co-defense counsel for Schill along with Chuck Ellinger. Magas, whose practice is in Cincinnati, has represented cyclists in Ohio and elsewhere.

“This is the only case that I’m aware of in the country where a bicyclist who has a right to ride on the road has been ordered off the road,” Magas said. “The question was, how does this impact nationally? I don’t think it does. I think what it does is irritate cyclists and make them want to affect some change in Kentucky.”

Read more here: http://www.kentucky.com/2014/09/12/3426401/jessamine-judge-decides-nicholasville.html#storylink=cpy

This groundbreaking article by Dan Gutierrez and Amanda Eichstaedt was first published in the League of American Bicyclists members’ magazine, the American Bicyclist, in December 2007. It makes a strong case for the need for a 6th E, Equality, to underpin the other five accepted Es.

As stated in the article:

“Cyclists need legislative “Equality” as transportation users. … This would really be the primary E to describe the way cyclists are treated by lawmakers. With all Six Es in place, our lives as advocates would be easier, since we can use the set of Es to tell lawmakers, and everyone else what cyclists expect from the government:

* Equality – state laws that treat cyclists as well as other road users
* Engineering – sound transport agency road and special facility development
* Enforcement – consistent and fair police and court treatment of bicyclists
* Education – widespread traffic skills training such as the Bike Ed program
* Encouragement – public campaigns aimed at promoting cycling
* Evaluation – ways for govt. to measure the effectiveness of the other Es.”

Please click the following to view the article:

Equality for cyclists 6th E Gutierrez & Eichstaedt

The following ordinance has been copied from the language in Missouri State Statutes except for changes to remove the discriminatory Far To the Right (FTR) language, replacing 307.190 with the following, based on Ferguson’s 2012 ordinance (with proposed revisions):

Riding on roadways.
Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may ride in the center of the right lane of travel or may ride to the right side of the roadway; such person may use the left lane of travel to prepare for making a left turn, or when on a one-way street. Every person operating a bicycle or motorized bicycle on a roadway shall exercise due care when passing a standing vehicle or one proceeding in the same direction, when making turns, and when streets or lanes are too narrow to share with motor vehicles, including lanes nominally 12 feet wide. Bicyclists may ride two abreast in the right lane of travel or when making a left turn when also allowed for a solo cyclist.

Missouri Revised Statutes

Chapter 307
Vehicle Equipment Regulations
August 28, 2013

Bicycle and motorized bicycle, defined.
307.180. As used in sections 307.180 to 307.193:

(1) The word “bicycle” shall mean every vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, or two parallel wheels and one or two forward or rear wheels, all of which are more than fourteen inches in diameter, except scooters and similar devices;

(2) The term “motorized bicycle” shall mean any two- or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground. A motorized bicycle shall be considered a motor vehicle for purposes of any homeowners’ or renters’ insurance policy.

(L. 1977 H.B. 79 § 1, A.L. 1980 H.B. 995 & 1051, A.L. 1988 H.B. 990, A.L. 2005 H.B. 487 merged with S.B. 372)

Brakes required.
307.183. Every bicycle and motorized bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle or motorized bicycle within twenty-five feet from a speed of ten miles per hour on dry, level, clean pavement.

(L. 1977 H.B. 79 § 2, A.L. 1980 H.B. 995 & 1051)
Effective 6-20-80

Lights and reflectors, when required–standards to be met.
307.185. Every bicycle and motorized bicycle when in use on a street or highway during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with the following:

(1) A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred feet;

(2) A rear-facing red reflector, at least two square inches in reflective surface area, or a rear-facing red lamp, on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle headlights at six hundred feet;

(3) Reflective material and/or lights on any part of the bicyclist’s pedals, crank arms, shoes or lower leg, visible from the front and the rear at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred feet; and

(4) Reflective material and/or lights visible on each side of the bicycle or bicyclist and visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred feet. The provisions of this subdivision shall not apply to motorized bicycles which comply with National Highway Traffic and Safety Administration regulations relating to reflectors on motorized bicycles.

(L. 1977 H.B. 79 § 3, A.L. 1980 H.B. 995 & 1051, A.L. 1995 S.B. 471)

Rights and duties of bicycle and motorized bicycle riders.
307.188. Every person riding a bicycle or motorized bicycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by chapter 304, except as to special regulations in sections 307.180 to 307.193 and except as to those provisions of chapter 304 which by their nature can have no application.

(L. 1977 H.B. 79 § 4, A.L. 1980 H.B. 995 & 1051)

Riding to right, required for bicycles and motorized bicycles.
307.190. Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway shall ride as near to the right side of the roadway as safe, exercising due care when passing a standing vehicle or one proceeding in the same direction, except when making a left turn, when avoiding hazardous conditions, when the lane is too narrow to share with another vehicle, or when on a one-way street. Bicyclists may ride abreast when not impeding other vehicles.

(L. 1977 H.B. 79 § 5, A.L. 1980 H.B. 995 & 1051, A.L. 1995 S.B. 471)

Bicycle to operate on the shoulder adjacent to roadway, when–roadway defined.
307.191. 1. A person operating a bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may operate as described in section 307.190 or may operate on the shoulder adjacent to the roadway.

2. A bicycle operated on a roadway, or on the shoulder adjacent to a roadway, shall be operated in the same direction as vehicles are required to be driven upon the roadway.

3. For purposes of this section and section 307.190, “roadway” is defined as and means that portion of a street or highway ordinarily used for vehicular travel, exclusive of the berm or shoulder.

(L. 2005 H.B. 487 merged with S.B. 372)

Bicycle required to give hand or mechanical signals.
307.192. The operator of a bicycle shall signal as required in section 304.019, except that a signal by the hand and arm need not be given continuously if the hand is needed in the control or operation of or to control or operate the bicycle. An operator of a bicycle intending to turn the bicycle to the right shall signal as indicated in section 304.019 or by extending such operator’s right arm in a horizontal position so that the same may be seen in front of and in the rear of the bicycle.

(L. 2005 H.B. 487 merged with S.B. 372)

The Uniform Vehicle Code (UVC) includes recommended wording in ordinances relating to bicycle transportation on public roads. The latest version of the UVC, which is under review, dates to 2000, and while comprehensive, it still contains discriminatory language pertaining to bicyclist lane control. Consequently, in the version below I’ve amended S 11-1205-Position on roadway, while the rest of the Model Ordinance remains unchanged at present, although S 11-1208-Left turns will almost certainly also need revision.

A section also needs to be added regarding passing a bicyclist on a two-lane road with a double-yellow centerline. The following is an example of suggested wording, downloaded from an extensive on-line article Crossing A Double Yellow Line

Model No-Passing Zone Exception
When passing a pedestrian, bicycle, tractor, or other slow moving vehicle, the operator of a vehicle may drive on the left side of the center of a roadway in a no-passing zone when such movement can be made in safety and without interfering with or endangering other traffic on the roadway.

Note: Proposed deleted language is highlighted in red, to be replaced by blue italicized language.

UVC 2000 Model Ordinance – Bike-related Language

S 11-1201-Effect of regulations
(a) It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this article.
(b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this article.

S 11-1202-Traffic laws apply to persons on bicycles and other human powered vehicles
Every person propelling a vehicle by human power or riding a bicycle shall have all of the rights and all of the duties applicable to the driver of any other vehicle under chapters 10 and 11, except as to special regulations in this article and except as to those provisions which by their nature can have no application.

S 11-1203-Riding on bicycles
No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to adult rider in a back pack or sling.

S 11-1204–Clinging to vehicles
(a) No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself or herself to any (streetcar or) vehicle upon a roadway.
(b) This section shall not prohibit attaching a bicycle trailer or
bicycle semitrailer to a bicycle if that trailer or semitrailer has been designed for such attachment.

S 11-1205-Position on roadway
(a) Any person operating a bicycle or a moped 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 practicable to the right-hand curb or edge of the roadway except may control the lane under any of the following conditions:
1. When overtaking and passing another bicycle or vehicle proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a private road or driveway.
2. 3. When reasonably necessary to avoid conditions including but not limited to: fixed or moving objects; parked or moving vehicles; bicycles; pedestrians; animals; surface hazards; or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a “substandard width lane” is a lane that is too narrow for a bicycle and a motor vehicle to travel safely side by side within the lane such as a lane nominally 12 feet wide, excluding the curb and gutter.
3. 4. When riding in the right-turn-only lane.

4. When on a two-lane road with lanes nominally 12 feet wide, excluding the curb and gutter, when conditions do not allow safe passing of the bicyclist by a following motor vehicle in the adjoining lane, such as when approaching a blind bend or brow of a hill, or when an oncoming vehicle is too close to permit the following vehicle to complete the pass safely.
(b) Any person operating a bicycle or a moped upon a one-way highway road with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable control the left-hand lane if it is nominally 12 ft wide, excluding the curb and gutter.

S 11-1206-Riding two abreast
Persons riding bicycles 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. Persons riding two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.

S 11-1207-Carrying articles
No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands in the control and operation of the bicycle. A person operating a bicycle shall keep at least one hand on the handlebars at all times.

S 11-1208-Left turns
(a) A person riding a bicycle or a moped intending to turn left shall follow a course described in S 11-601 or in subsection (b).
(b) A person riding a bicycle or a moped intending to turn left shall approach the turn as close as practicable to the right curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist or moped driver shall stop, as much as practicable out of the way of traffic. After stopping the bicyclist or moped driver shall yield to any traffic proceeding in either direction along the roadway the bicyclist had been using. After yielding, and complying with any official traffic control device or police officer regulating traffic on the highway along which he or she intends to proceed, the bicyclist or moped driver may proceed in the new direction.
(c) Notwithstanding the foregoing provisions, the state highway commission and local authorities in their respective jurisdictions may cause official traffic-control devices to be placed and thereby require and direct that a specific course be traveled by turning bicycles or mopeds, and when such devices are so placed, no person shall turn a bicycle or a moped other than as directed and required by such devices.

S 11-1209-Bicycles and human powered vehicles on sidewalks
(a) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.
(b) A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where such use of bicycles is prohibited by official traffic-control devices.
(c) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.

S 11-1210-Bicycle parking
(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device.
(b) A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.
(c) A bicycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is allowed.
(d) A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location where parking is allowed.
(e) A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle.
(f) In all other respects, bicycles parked anywhere on a highway shall conform with the provisions of article X regulating the parking of vehicles.

S 11-1211-Bicycle racing
– (a) By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users.
(b) Bicycle racing on a highway shall not be unlawful when a racing event has been approved by state or local authorities on any highway under their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users.

S 11-1212-Mopeds in bicycle lanes
Upon any roadway where motor vehicles are permitted, a person may drive a moped in any lane designated for the use of bicycles.
———————————————————






         
Recent efforts in Missouri to promote Complete Streets legislation have been somewhat divisive, mainly over the issue of bike lanes, which some view as an asset and others as relegating bicyclists to second-class road user status.

However, an issue which should unite all those wanting to promote on-road bicycling is repeal of the so-called Far To the Right (FTR) law, which is in both Missouri state statutes and in local ordinances.

This confers second class road user status on cyclists by requiring them to “stay as far right as safe,” or “as practicable,” sometimes with either few or no exceptions.

For example, St. Louis City’s bike-related ordinance has this section concerning where a bicycle may be ridden on a public roadway (ref. http://www.municode.com/Library/MO/St._Louis and search on Chapter 17.36 BICYCLES AND SIMILAR DEVICES):

17.36.050 – Where ridden.
A.
Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(My emphasis added.)

St. Louis County’s 2001 ordinance has similar language (20502.doc 6/15/2004 from http://ww5.stlouisco.com/ordinance/):

1201.050 Riding on Highways, Roads, Alleyways.-1.  Every person operating a bicycle, or scooter, upon a highway, roadway or alleyway shall ride as near to the right side of the highway, roadway or alleyway as practicable and shall exercise due care when passing a standing vehicle or one proceeding in the same direction. (My emphasis added.)

(The ordinance was updated in 2008 by adding a requirement for those from 1 to 17 to wear a bike safety helmet: 23830.doc 12/11/2008.)

Both of the above are worse than Missouri state statute which, in 1993, was amended to include the following exceptions to the FTR requirement:

Riding to right, required for bicycles and motorized bicycles.

307.190. Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway shall ride as near to the right side of the roadway as safe, exercising due care when passing a standing vehicle or one proceeding in the same direction, except when making a left turn, when avoiding hazardous conditions, when the lane is too narrow to share with another vehicle, or when on a one-way street. Bicyclists may ride abreast when not impeding other vehicles.

(L. 1977 H.B. 79 § 5, A.L. 1980 H.B. 995 & 1051, A.L. 1995 S.B. 471) (My emphasis added.)

As pointed out in an earlier post, the exception above in state law permitting a cyclist to control the lane when “too narrow to share with another vehicle,” and originally duplicated in the City of Ferguson’s ordinance, is open to interpretation. That nearly led to my being ticketed for obstruction by a Ferguson police officer in 2012 for controlling the curb lane on 4-lane Florissant Rd. (See Encouraging city & police cooperation with legal bicyclists on narrow multi-lane roads.)

It was resolved when city manager, John Shaw, determined that the city ordinance needed clarifying. That ultimately led to deleting the FTR requirement and instead treating on-road bicyclists and motorists equitably by specifically allowing a bicyclist to control or share the curb lane at their option. (See new Ferguson Ordinance #2012-3495, approved on June 26, 2012, Sec. 44-364 in on-line library.municode.com, reproduced below.)

Sec. 44-364. Riding on roadways.

Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may ride in the center of the right lane of travel or may ride to the right side of the roadway; such person may move into the left lane of travel only while in the process of making a left turn. Every person operating a bicycle or motorized bicycle on a roadway shall exercise due care when passing a standing vehicle or one proceeding in the same direction, when making turns, and when streets or lanes are too narrow to share with vehicles. Bicyclists may ride abreast only when not impeding other vehicles.

(Code 1973, § 42.92.3(2), (3); Ord. No. 96-2809, § 1, 1-9-96; Ord. No. 2012-3495, § 1, 6-26-12)
State law reference— Similar provisions, RSMo 307.190.

The above wording can be improved in several ways, as suggested below, with explanatory notes:

Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may ride in the center of the right lane of travel or may ride to the right side of the roadway; such person may use the left lane of travel to prepare for making a left turn, or when on a one-way street. Every person operating a bicycle or motorized bicycle on a roadway shall exercise due care when passing a standing vehicle or one proceeding in the same direction, when making turns, and when streets or lanes are too narrow to share with motor vehicles, including lanes nominally 12 feet wide. Bicyclists may ride two abreast in the right lane of travel or when making a left turn when also allowed for a solo cyclist.

Explanatory notes:

1. “In the process of” suggests you have to wait until the last second to go to the left lane.

2. “Bicyclists may ride two abreast in the right lane of travel when also allowed for a solo cyclist.” This is consistent with the permitted lane control by a solo cyclist.
An example of when it makes sense to double up and ride as a group controlling the right lane is when I’m training students and we are simply going from one exercise location to another, or to a destination such as The Whistle Stop for lunch. Riding as a compact group makes more sense than being strung out single file, when we are also more likely to get separated by a stop light, for example.






         

Cyclist Cherokee Schill on her work commute

Cyclist Cherokee Schill on her work commute

I fortuitously came across this impressive cyclist story after being notified that my updated BICYCLING made SIMPLE video had been featured on the Share the road it’s the law Facebook page at http://tinyurl.com/ovjfvvb

The story is featured on WKYT-TV in Lexington, Kentucky. The cyclist, Cherokee Schill, rides her bike to work 18 miles each way, taking 90 minutes, on busy roads 5 days a week. She does this as “a single mom with two teenagers who is barely able to financially keep the family afloat.” Driving a car is not an option for her.

Schill has been cited three times in the last month for careless driving on her bike. The sheriff’s office and police say riding a bike on U.S. 27 in a lane of traffic puts Schill and other drivers at risk and they want her banned from this road pending her jury trial in August, but the judge just ruled in Schill’s favor.

The story notes that “Schill doesn’t have a valid driver’s license in Kentucky because of a traffic violation in another state.”

I’ve pasted a map showing part of her route following the story below.

Jessamine Co. bicyclist charged with reckless driving sparks court case

Updated: Wed 4:46 PM, Apr 30, 2014
By: Jordan Vilines e-mail: jordan.vilines@wkyt.com

Cherokee Schill

Cherokee Schill


NICHOLASVILLE, Ky. (WKYT) – A bike commuter in Jessamine County says a judge has ruled in her favor.
         The county wanted her banned from riding her bicycle on U.S. 27 until her trial in August. Schell has been cited three times for careless driving on her bike. Kentucky law allows the use of bicycles on U.S. 27, but police say Schell is causing a safety concern.
         In the judge’s order released Wednesday, the judge said the court is not on the trier of fact, the jury possess that power and responsibility and it would be inappropriate to enter a pre-trial order restraining the defendants ability to legally ride her bicycle on U.S. 27 prior to the ultimate findings by the jury. Schell’s trial is scheduled for August.
         Tuesday night Schill says, her attorney told her, the judge ruled in her favor.
         Schill told us by phone, she’s relieved and plans to continue commuting by bike on 27.
         For the past year, Cherokee Schill has commuted from Nicholasville to Lexington on some of the busiest roads in central Kentucky.
         Police say complaints from drivers have forced them to take action against the bike commuter.
         “This bicycle is not a toy, it is legally defined as a vehicle,” sad Schill who told WKYT’s Sam Dick that she’s riding her bike safely and is within the traffic laws of Kentucky.
         Most of her co-workers at Webasto off Georgetown Road in Lexington leave work in their cars.
         “I’ll be honest, at first, when I first started cycling, I was scared to death. I was hugging the furthest right side, furthest right side I could hug,” said Schill.
         For the past year — even on the coldest, wettest days — Schill commutes from her home in Nicholasville to Lexington by bike on an 18-miles journey that requires 90 minutes of pedaling.
         “I went from last year when I started cycling, I was in a size 22 pants. And just last week I got my size 8s,” Schill said.
         But fitness is not why, she commutes by bike. Schill describes herself as a single mom with two teenagers who is barely able to financially keep the family afloat.
         “Some tough choices had to be made,” Schill said. “And as a mom, I thought making sure the kids had food was first priority and other things could wait. So it sits there. My car sits there, and I ride my bike.”
         Her commute home is on heavily congested roads through downtown Lexington. Her journey takes her along Georgetown Road, Newtown Pike, Maxwell Street, Upper Street and then on Nicholasville Road which is often in bumper-to-bumper traffic.
         To ride safely, she says it’s important to be consistent so drivers know what to expect. She stays in the slow lane, taking a position in the right third of the lane. “What that does is that makes me visible to traffic. They see me, and they, typically will merge into the passing lane and pass me,” Schill said.
         Under Kentucky law, bicycles are defined as vehicles and have the right to use state roadways. State law says slower-moving vehicles, including bicycles, must drive as close as practical to the right hand boundary of the road. It does not mean riding on the shoulder of the road which can often filled with glass, stones, and other debris.
         As her commute put Schill on one of central Kentucky’s busiest roads, WKYT watched as she slowed down lines of cars and trucks by the dozen. Schill says she’s been called every name in the book.
         “You don’t get a thick skin to people wishing you harm,” Schill said.
         Spurred by complaints from drivers, the Jessamine County Sheriff’s Office and Nicholasville Police have cited Schill three times in the last month for careless driving on her bike. They say riding a bike on U.S. 27 in a lane of traffic puts Schill and other drivers at risk.
         Now, the Jessamine County attorney has asked a judge to ban Schill from riding on U.S. 27 until her jury trial in August.
         “It just creates a very dangerous situation when you’ve got somebody on a bike that’s difficult to see to begin with, on a very highly travelled road, with signifigant speeds and a lot of people don’t pay attention to what they should be while driving, so it all compounds itself,” said Jessamine County Attorney Brian Goettl.
         Goettl says a deputy sheriff responding to a robbery almost wrecked because Schill backed up traffic.
         “He was almost in a wreck because of Miss Schill, and so it added to me another element of danger that I hadn’t even thought of before,” Goettl said.
         “I’m not out there to ruin your day,” Schill said. “I’m just trying to get home like everyone else, and I’m going as fast as I can. Some days I can go faster than others. The really big thing is, we all need to share the road.”
         Schill also doesn’t have a valid driver’s license in Kentucky because of a traffic violation in another state.
         The motion to ban Schill from riding on U.S. 27 is scheduled to be heard Tuesday in Jessamine County Court. If the judge blocks her from riding on U.S. 27, a cycling safety expert says it could set a bad precedent for bike riders in the future.

MP: Evidently, this concluding paragraph was written before the judge ruled in Cherokee Schill’s favor.

Map showing partial route taken by Cherokee Schill

Map showing partial route taken by Cherokee Schill,
based on information in above story

         
The Saturday St. Louis Post-Dispatch, in recognition of the founding of St. Louis 250 years ago, featured a humorous Mound City cartoon by Dan Martin, who also draws the daily Weatherbird.

Dan Martin was subsequently kind enough to send me a color version of the cartoon appearing in the newspaper.

What caught my eye was item #5 in the “To Do” list. The modern bicycle didn’t exist at the time but trust the French to be technically very advanced (except, perhaps, on the subject of bike lanes!).

Postcard for the web



           

Karen Karabell shsm

Karen Karabell


And while on the subject of bike lanes, go to an in-depth guest post by Karen Karabell called Taking the lane — a CyclingSavvy instructor explains her objection to bike lanes.

It was just posted on Ted Rogers’ blog BikinginLA

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