May - June 2008

Biking and The Law

By Dan Bach

Anyone familiar with the New York cycling scene the last few years has heard about the mass arrests at events like Critical Mass. However, does the average cyclist really know what laws that he or she has to follow? As per the New York State DMVDriver’s manual (Chapter 11), which I am sure few of us have read, bikes for the most part are treated similarly to cars and have basic requirements. Certain things make sense such as they must have operational brakes and a horn or bell that must be heard for at least 100 feet. Riding at night? Then one should have not only a headlight that can be seen for at least 500 feet, but also a rear light that must be visible for 300 feet. Buying a bike from a dealer? They must provide wide angle and spoke mounted reflectors or reflective tires.

In terms of riding on the street, cyclists are expected to follow all rules and regulations of the road, including hand signals when turning or stopping. If you are on the road with a bike lane you are expected to use one, otherwise the cyclist must “ride near the right curb or edge of the road, or on a usable right shoulder of the road”. Furthermore, no infants who are less than one year are permitted on bikes and children up to four years old must ride in bike safety seats.

Want more information? Well you can check out the website for the NYC Dept. of Transportation if you want to learn about bike parking, maps and lots of statistics. In addition, the organization, Transportation Alternatives has a website (transalt.org), which is supposed to have links to relevant websites about biking in NYC, however, the links were not operational when I tried to use them.

Moreover, there is a new book out by Bob Mionske, called “Bicycling & The Law”. Written by an attorney, the focus on avoiding legal problems and informing cyclists of their rights. It covers a wide range of issues, from accidents, insurance, cyclist harassments to bike theft, defective product law and its application for cyclists. The key point of the text is to try to make what may be considered boring legalese into a coherent topic for the layman to understand.

Beginning with a historical perspective, the author explains that in the late nineteenth century when bikes and cars first appeared on the American scene, the roads were utter chaos back then for all concerned, pedestrians as well as cyclists and cars. The point of the early laws was to coordinate a situation in a growing city filled with horses, carriages, pedestrians and these newfangled methods of transportation.

At first the bicycle was not part of the classification scheme, but that changed in 1887 when the bicycle was classified as a motor vehicle (carriage). This gave cyclists rights, but also responsibilities.

Over 100 years later, this situation has not changed and to some still not satisfactory. There is still not a balance between competing groups for use of limited space.

Another point of interest is that the roads back then were not in the best of shape. So as Mr. Mionske notes, the League of American Wheelman and the owner of Columbia Bikes began to lobby for better roads for cyclists. One can say a precursor to present day Transportation Alternatives.

The basic goal of the book is to inform the reader of their rights. As every cyclist knows, we have to share the road with both cars and pedestrians. Unfortunately, the drivers of today are so focused (at least in New York) on their destination, that in all probability they view cyclists as annoyances, something on a par with potholes.

In our society, the car is placed on a much higher plateau than other means of transportation, for the most part the bike is considered recreational. Until more people view the bike as a serious method of transportation, it will likely stay that way.

As such, it is imperative that cyclists know their rights so they can be treated as equals as much as possible. However, there must be a respect for the law as well and that is part of the emphasis of this book as well.