Replacement for St. Louis County bike ordinance, based on Mo state statutes

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)

UVC 2000 Model Ordinance – Bike-related Language

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.
———————————————————

Proposal for repeal of FTR language in St. Louis County ordinance

         
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 the relevant 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.

2014-04-30: “Jessamine Co. bicyclist charged with reckless driving sparks court case”

         

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

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,
based on information in above story