Welcome to the ghetto. I have been told this has been cleared by TBC for distribution, so I am complying. The gist of it is that the Texas Bicycle Coalition (BikeTexas) believes you are required by law to ride in bike lanes (and that you should if you know what's good for you), and on paved shoulders (which aren't part of the roadway). Essentially, TBC is saying that you only have a right to ride on the roadway if there is no bike lane, sidepath, or paved shoulder available. For the life of me, I can't understand why they didn't just add sidewalks to their recommended list of places cyclists should ride.
Please note that in the Tampa, Florida story from the post below this one, three of the six cyclists killed by collisions with automobiles were in "paint protected" areas (two in bike lanes, one in a crosswalk), and one was on the sidewalk (functionally identical to a side path). So much for the safety myth of magick paint and segregated facilities (side paths) these "bike advocates" continue to push. As for the "studies" TBC offers, two are by consultants selling bike lanes, and three are from the University of Texas showing cars pass cyclists closer and at a higher speed when there is a bike lane than if there isn't one. Some fun. Some advocacy.
Please note that in the Tampa, Florida story from the post below this one, three of the six cyclists killed by collisions with automobiles were in "paint protected" areas (two in bike lanes, one in a crosswalk), and one was on the sidewalk (functionally identical to a side path). So much for the safety myth of magick paint and segregated facilities (side paths) these "bike advocates" continue to push. As for the "studies" TBC offers, two are by consultants selling bike lanes, and three are from the University of Texas showing cars pass cyclists closer and at a higher speed when there is a bike lane than if there isn't one. Some fun. Some advocacy.
We have tried to answer your inquiry from a “legal” point of view below. Leslie Puckett, our legal fellow, prepared the answer with some input from Mark Stine and I. This should not be construed as legal advice. Consult an attorney for that.
The short answer of BikeTexas’ interpretation of the current law is that:
“If the bicycle lane is considered part of the roadway, then, TTC 551.103, which requires a cyclist to ride as far to the right on the roadway as possible, would seem to require a cyclist to ride in the bike lane (or paved shoulder) except when it is obstructed or when turning left, since the bike lane is usually on the right side of the roadway. The law is appropriately ambiguous and leaves discretion to individual cyclists to determine for themselves if the bike lane is obstructed and is usable.”
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There will very likely be opposition, from a very small segment of the cycling population, to bike lanes in the Dallas Bike Plan. However, solid research is available that supports the use of bike lanes:
Toole, Jennifer. 2010. Revising the AASHTO Guide for the Development of Bicycle FacilitiesEnvironmental Health Journal, 2009. The Impact of Transportation Infrastructure on Bicycling Injuries and Crashes
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There are no examples of cities that we are aware of, in Texas or the nation, where the mainstream bicycle advocates regret the installation of, or are calling for removal of bike lane networks. However, protected bike lanes, also known as “cycle tracks”, are replacing bike lanes in many cities. Sharrows are in use in many cities where there is not enough right way to accommodate bike lanes.
Let me know if you have any more questions.
Regards,
Robin StallingsExecutive Director+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
BikeTexas research regarding the use of bike lanes.
- BikeTexas advocates for all cyclists, types A, B and C. BikeTexas encourages cyclists to use bicycle lanes when they are clear of debris and other hazards.
- Texas Transportation Code (TTC) Sec. 551.101 states “a person operating a bicycle has the rights and duties applicable to a driver operating a vehicle.” Also, the TTC classifies bicycles as a type of “vehicle” in Sec. 541.202(2).
- TTC Sec. 551.103 states “a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless: (1) the person is passing another vehicle moving in the same direction; (2) the person is preparing to turn left at an intersection or onto a private road or driveway; (3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or (4) the person is operating a bicycle in an outside lane that is: (A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or (B) too narrow for a bicycle and a motor vehicle to safely travel side by side. (b) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway.”
- query: is the “bicycle lane” considered part of the roadway? If so, TTC 551.103, which requires a cyclist to ride as far to the right on the roadway as possible (when there are no safety hazards), would require a cyclist to ride in the bike lane at all times, since the bike lane is on the far right side of the other traffic lanes. This isn’t clear though.
- A “hazard” could include but is not limited to bike lanes or road shoulders that have gravel, glass or other debris on the road, as well as cars that are parked in the bike lanes.
- TTC 551.103 states “persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway.”
- When a choice must be made between level of safety and traffic flow, safety factors should and do prevail. This precedence of safety factors over traffic flow is seen in requirements to stop for school buses with flashing red lights, the right of a motorist to reduce speed to fit personal comfort of control of vehicle during inclement weather, the right of slow commercial vehicles including farm vehicles to operate on the roadway, and speed restrictions defined in TTC Section 545.351. The TTC prohibits operators from driving at a speed “greater than is reasonable and prudent under the circumstances then existing” and “shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle.” An operator must drive at an appropriate reduced speed if “a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.”
- Just as TTC Sec. 545.351 requires a motor vehicle operator to reduce his speed limit if road conditions are hazardous, a bicyclist also should analyze his position on the road based on safety factors. The bicyclist should determine if a safety hazard exists and is not required to ride in a bicycle lane in that situation.
- Bicyclists are encouraged to ride in bicycle lanes that are well-designed with sufficient width and sound connection to other traffic infrastructure, and do not collect or contain hazards. The TTC requires a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway to ride as near as practicable to the right curb or edge of the roadway.
- A given law, regulation or contract cannot cover every possible contingency, and vehicle operators must negotiate reasonable solutions in a given “gray area.” This negotiation exists in many situations, including when cyclists ride on roads with bicycle lanes that may contain safety hazards.
- All vehicle drivers are urged to operate in a safe, lawful, predictable and courteous manner on the roadway.
- Education is the most important tool to foster vehicle operation in a safe, lawful, predictable and courteous manner on the roadway. Enforcement is an important tool where education efforts are not effective.
- A traffic safety culture is key in establishing responsible attitudes as a foundation for implementation of education, encouragement, enforcement and engineering of infrastructure to reduce fatalities and injuries and foster safe and efficient operation on Texas roadways by all vehicle operators.
8 comments:
This is really not good. I have never felt so... helpless.
My comments are longer than the Blogger software would allow, so I have posted them on my own site.
From the Dallas Bike Plan Meeting of 9/23 "bike lanes and road markings don't make streets any safer by themselves. What they do is make people feel safer and more people ride bikes which triggers the safety in numbers effect" In other words it isn't the bike lanes it's the fact that bike lanes make more people ride bikes, which is what really makes us safer.
opusthepoet said...
"From the Dallas Bike Plan Meeting of 9/23 'bike lanes and road markings don't make streets any safer by themselves. What they do is make people feel safer and more people ride bikes which triggers the safety in numbers effect' In other words... "
It's the Gutter Easter Bunny effect.
One thing I have noticed in Los Alamos, now that we have bike lanes almost the length of Diamond Drive, is more cyclists out there doing dumb things. Those cyclists would have not been on their bikes if not for the stripes. We have been trying to reach these folks but the problem is, as I think Preston Tyree once quipped, most people think they learned everything they need to know about how to ride a bike by the forth grade. Nope.
Adding more "bicycling" infrastructure without adequately training new cyclists to ride in traffic is a little daft, just as it would be daft to proclaim we could put new motorists on roads without driver's licenses, as long as we added more jersey bouncers.
Excellent comments by John Allen for those who have not gone to his blog.
Keep the rubber side down.
Cars absolutely pass faster and closer to cyclists in bike lanes.
Bike lanes, in my experience, are considerably less safe then riding on roads without bike lanes. This is counter intuitive to non-cyclists and very casual cyclists, but the effect of the 'magic' yellow line creates not only a 'safety zone' from the cyclists perspective, but also a more defined 'lane' from the drivers perspective. The driver then feels entitled to take the entire lane. All well and good, except that painting a bike lane on an existing road does not provide adequate separation of bikes and cars.
There is also the 'sustainability' issue of bike lanes: maintenance. Streets get cleaned either directly or indirectly by traffic. All the road junk winds up on the shoulder. Guess what defines the 'shoulder' of a street with a bike lane? The bike lane stripe. The result is an unrideable bike lane.
Bike lanes sound progressive and positive, but they are the wrong solution. I think that any public servant advocating bike lanes should have to prove up their credentials as cyclists before pushing for spending our tax dollars for their own political advancement.
In the interests of brevity, my comments on our bike lanes are here.
http://labikes.blogspot.com/2009/12/bike-lanes-some-reminders.html
Texas driver education sucks! They don't even require people to speak English to get drivers licenses.
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