America’s roads were frst

paved in the late-1800s after extensive lobby-

ing by bicyclists, then known as “wheelmen.”

Horse-drawn wagons and early motorcars

could function on the rutted dirt roads of

the era. But cyclists, balanced on their large

wheeled penny-farthings, had a diffcult time

functioning on the uneven surface. At that

time, bicycles were often the fastest vehicles

on the road.

As motorcar use increased, motorists found eq-uitable, non-motorized use of the street to be ahindrance. While never codifed, these perceptionsregarding road use gradually came to be under-stood and accepted:

Road Use PerceptionsRoads are for motor vehicles: In fact, roads are stillfor moving people and motor vehicles are but onetype of conveyance by which people move. Slow ve-hicles are unsafe: Most enforcement offcers knowthat speed kills; however, a perception has devel-oped that vehicles that are slower than other traffccreate a hazard; in truth, slower is still safer.

The “right” of speed: Many people believe thatyou can’t use the road if you can’t keep up. If a heav-ily loaded truck is unable to accelerate from an inter-section or up a hill, most motorists understand andmerely tolerate it or pass it when they are able. Yet ifthe vehicle is a bicycle, intolerance and outrage de-velops in some drivers. As with all slow-moving ve-hicles, bikes must use the right lane unless they arepreparing for a left turn, but despite common mis-conceptions, they still have a right to the roadway.

It is safest for bicyclists to stay out of the way:This myth has sadly contributed to the majority of

52 LAW and ORDER I July 2013

Bicycle Law EnforcementFEATURE

BICYCLE LAW ENFORCEMENT By Kirby Beck

ENFORCE LAWS WITH MUTUAL RESPECT.

Avoid the bike lane

at intersections.

SUMMARYCheck out some of the most common

myths and misunderstandings about

traffic. Examine reality to increase

safety for all road users. As bicycle

use increases around the country, it is

important for police leaders to under-

stand these realities and train their line

staff in them as well.

Ph

oto

s c

ou

rtesy o

f K

eri

Caff

ery

.

crashes and near-misses cyclists experience. Hugging the edge ofthe road is actually dangerous for a number of reasons. Most traffclanes are too narrow to safely accommodate a motor vehicle andcyclist side by side. Cyclists who keep right so motorists can passthem without changing lanes actually encourage close passes andsideswipes. Cyclists who ride farther left and control the lane re-port no such problems. Motorists pass them in an adjacent lane. Ifthey have to slow down and wait for an opportunity to pass, that’sOK. Empirical evidence shows that any delays motorists experi-ence waiting to pass are usually 30 seconds or less.

Bike lanes make cycling safer: In fact, bike lanes were created be-cause of the myth listed above and the desire for a separate space.Bike lanes force cyclists to ride on the edge, sometimes even in the“door zone” of parked cars, where they might be directly hit orstartled into swerving in front of traffc. Channeling bicyclists tothe right of other traffc encourages them to be unpredictableunexpectedly passing slower traffc on the right. When cyclists areforced to ride on the edge of the roadway conficts arise at inter-sections and driveways the most common location of bicycle/motorist crashes. There the cyclist’s position conficts with turningcars thru cyclists are to the right of right-turning vehicles and areoften screened from the view of drivers turning left.

Bicycle paths are safest for cyclists: Since paths fall outside thescope of traffc laws, behavior on them is unregulated, unpredict-able and unenforceable. Conficts and crashes increase at intersec-tions. Unlike roads, paths don’t go everywhere people need orwant to go.

Cyclists riding in the middle of the traffc lane will impede traf-fc: Where “impeding” laws exist, nearly all clearly state that onlydrivers of motor vehicles can illegally impede. In the six states

where the law does not specifcally excludenon-motorized vehicles, it provides for thereasonable speed of the vehicle in question,thus accommodating farm tractors, horsecarriages and bicycles. Why is it cyclists arebeing cited for “impeding” when they areactually driving defensively and in a man-ner reasonable for their vehicle?

The Law

In every state, bicycles are either defnedin statutes as a vehicle or cyclists are giventhe same rights and responsibilities asother vehicle drivers. They have the rightto use most roadways, which means thefog line to the centerline. The term “road-way” does not include the shoulder. Inmany non-snow states, shoulders maybe non-existent or too narrow to be ride-able. While most states forbid bicycleson freeways, some western states withvast open space and fewer roads allowcyclists to ride the shoulder of controlledaccess highways. Only New York, Hawaiiand Alaska mandate shoulder use if it issafely usable.

Most states require cyclists to ride “asfar to the right (FTR) as practicable to the

right-hand curb or edge of the roadway.” This sentence is oftenmisunderstood. For purposes of the statute language “practicable”means as close to the right edge as is safe and reasonable under ex-isting or probable conditions. It does not mean as close as possibleto the right-hand curb or edge of the roadway. Moreover, it is upto each cyclist to decide where he/she believes is safest. After all,the cyclist not only has the least protection, but also is passed withthe highest speed differential.

Many statutes list specifc reasons why cyclists need to ride far-ther left within a lane. These include avoiding road hazards, pre-paring for a left turn, passing another vehicle, or avoiding objectssuch as parked cars, pedestrians or animals. The most signifcantreason given is a “substandard width lane” within which a cyclistand motorist cannot pass safely side by side. This last reason is themost misunderstood, largely because it applies to the majority oftraffc lanes on today’s roadways making the exception the rule.Anywhere bicyclists choose to ride in such a lane is legal.

More experienced cyclists choose to “control the lane.” By usinga large portion of the lane, cyclists send a clear message to motor-ists that they must change lanes to pass when safe and legal todo so. Cyclists legally controlling a narrow lane cannot by defni-tion “impede traffc” even though they are moving substantiallyslower than surrounding traffc. It is important to remember thata traffc lane is a public utility there for the purpose of movingpeople, not merely motor vehicles.

Substandard Width Lanes

It may shock many to learn that a 12-foot-wide lane is considereda “substandard width” for the purpose of this statute. Federalroadway design standards suggest a cyclist needs a minimum of 4

www.lawandordermag.com 53

Some bikes require more space on the roadway.

54 LAW and ORDER I July 2013

Bicycle Law EnforcementFEATURE

feet of operating space. The typical cyclistis roughly 30 inches, but requires somelateral “wobble” space. Even 4-wheel ve-hicles don’t track a perfectly straight line.Realistically, many cyclists need 5 feet ormore of space to operate safely, due to thetype of bike and accessories or cyclist’s in-experience.

All states require safe passing clearancebetween vehicles of any type. Some requirea 3-foot minimum clearance for passingbicyclists. While nearly impossible to en-force unless a cyclist is struck, it does givethe motorist a general idea that they needto move over. With the 3-foot minimum,the cyclist’s operating space and the pass-ing space have already accounted for morethan half of a 12-foot lane.

Most passenger cars are roughly 6-feetwide, with mirrors adding another foot.As we’d expect a car takes up more thanhalf of a 12-foot lane, too. The problem ismany motorists don’t realize how widetheir cars are, or how close the right side isto something they are passing. This is whyit is safest for a bicyclist to control the lanein a way that sends a clear message thatovertaking motorists must pass them in anadjacent lane. This action by the bicyclistprevents crashes.

Today’s traffc includes a high percent-age of large vehicles like pickups and SUVsthat are even wider than conventional pas-senger cars. Below is an example of whathappens if a truck attempts to pass a cyclistwithin a 12-foot lane. Would you want thattruck to pass you at any speed that close?

What Laws Should You

Enforce?

Traffc laws refect the rules of safe andpredictable movement. These apply tocyclists as they do to motorists. Traffccontrols such as stop signs and traffcsignals certainly apply. So do destina-tion lanes such as turn-only lanes. Use ofheadlights, and in many states, taillights,is required at night.

Cyclists are required to travel the samedirection as traffc, yet many cyclists arecommonly seen riding facing traffc. Dueto its unpredictable nature, this is a leadingcause of motorist/bicycle crashes. Wrong-way cycling is dangerous and illegal be-havior in all 50 states.

The major violations, which cyclistshould be stopped and ticketed for are:1) riding against traffc; 2) failure to yieldright of way at stop or yield signs; 3) run-ning red lights; and 4) riding without re-

quired nighttime lighting.We need to stop cyclists for disobeying

traffc controls. Many cyclists ride throughred lights because they have no fear ofbeing ticketed. This obvious lawlessnessby some cyclists further increases the ani-mosity felt by many motorists. If the policewon’t enforce traffc laws for bicyclists,who will? Isn’t that part of the police rolein enhancing traffc safety and promotingvoluntary compliance with the law?

The major violations by motorists thatendanger bicyclists are: 1) failure to yieldright of way; 2) unsafe passing; 3) harass-ment or assault; and 4) inattentive or im-paired driving.

By law, cyclists always have the rightof frst come, frst served in the lane thatthey are occupying. Vehicles can’t legallyintrude into their path, or pass them, un-less it is safe to do so. Most right-of-wayconflicts occur at intersections. There,motorists pull out or make turns acrossthe path of cyclists. Violations also occurwhen a motorist passes a cyclist just priorto turning right and then turns across thecyclist’s path. This can happen if the cyclistis riding too far right or is in a bike lane,sidewalk or path. These right-of-way viola-tions account for many collisions betweenmotorists and bicyclists. Offcers should bewatchful to cite these violators and under-stand them when working crashes.

Seeing and treating cyclists as an ex-pected and respected part of traffc willundoubtedly be a new idea for manypolice offcers and their administrators.Some have even exhibited a bias againstcyclists in traffc, which is likely the resultof conditioning that cyclists are neither atraditional nor legal part of the traffc mix.Both of those assumptions are historicallyand legally wrong. While educators have alot of work to teach cyclists young and oldto ride lawfully and responsibly, it is therole of law enforcement to reinforce thoselessons with appropriate enforcement andmutual respect.

Kirby Beck is retired after 28 years with the Coon

Rapids, Minn. Police. He is a certifed IPMBA police

cyclist instructor trainer. He is an expert witness in

bicycle crash cases. He can be reached at kirby@

kbeckconsulting.com.

LaOPost your comments on this story by visitingwww.lawandordermag.com

Example of controlling the lane—using the lane like other drivers.