Ann. Montana currently has no laws that prohibit the use of devices associated with distracted driving. The general rule is that: If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. "Infliction of Serious Bodily Injury to a Vulnerable Road User" is a class 1 traffic misdemeanor. North Dakota does not specifically provide for local authorities to regulate the operation of bicycles or require registration of bicycles, although such authorities may regulate the operation of bicycles through the exercise of their other legal powers. Ann. Colorado, Indiana, Michigan, New Hampshire, South Dakota and Utah require helmets for those under age 18 operating or riding on a class three e-bike. Stat. tit. Arkansas has no laws that specifically regulate the riding of bicycles on a roadway aside from general traffic laws. Code Ann., Transp. Texas requires that no person open the door of a motor vehicle on the side available to moving traffic, unless the door may be opened in reasonable safety without interfering with the movement of other traffic. Failure to wear a helmet shall not be considered as evidence of negligence per se, contributory negligence, or assumption of the risk in any civil suit arising out of any accident in which a person under 16 years of age is injured. Code Ann. Code Ann., Transp. An e-bike that meets the federal definition of an electric bicycle and is subject to product safety standards for bicycles. At least 25 states and D.C. have some sort of helmet requirement for e-bike riders and passengers. 28-904; 28-101. The League is a 501(c)(3) organization. In addition, if there is a license, tag, or adhesive license decal affixed to the bicycle the record owner shall be notified directly. 21-1205.1. It is legal for all persons of any age to operate a bicycle without wearing a helmet unless otherwise provided by a municipal regulation. tit. In all cases, the safe passing distance must not interfere with the safe operation of the bicycle. Has 1.5 brake horsepower or less. Hawaii requires that no person open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with, or causing immediate hazard to the movement of other traffic. Ann. Failure to wear a helmet shall not be admissible as evidence in the trial of any civil action, nor in any way diminish or reduce the damages recoverable in such action. Compilation of laws by Kansas Department of Transportation: No person shall, while operating a motor vehicle that is in motion on the traveled portion of a roadway, write, send, or read text-based communication using a personal communication device to manually communicate with any person using text-based communication; and. Paths shall at a minimum be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials, and such paths shall provide accessibility to destinations equivalent to the use of the roadway. Tennessee's law prohibiting driving while under the influence of alcohol or other controlled substances is written so that it applies to automobile, and other motor driven vehicles, and therefore does not directly apply to bicyclists. Rev. Source: Tex. Kentucky has no helmet law. 31-5-102; 31-5-233. 55-8-136(b); 55-8-199; 55-50-311; 55-9-105. Oklahoma has no helmet law. 23 1099; 1095a. Additionally, in South Dakota, any passenger on a class three e-bike, regardless of age, must wear a helmet. However, it isn't without some risk. A motorized bicycle by definition is just that: a motorized form of a regular bicycle, the keyword being "motorized". Delaware provides that the driver of a motor vehicle, when approaching a bicyclist traveling in the same direction, shall ensure the safety and protection of the bicyclist by: Delaware requires that any person under the age of 18 riding a bicycle, as an operator or passenger, must wear a protective bicycle helmet. New York requires that upon all roadways, any bicycle shall be driven on a usable bicycle lane. When preparing for a left turn at an intersection or into a private road or driveway. Illinois requires that the operator of a motor vehicle overtaking a bicycle proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle and shall maintain that distance until safely past the overtaken bicycle. If reasonably necessary to avoid conditions, including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals or surface hazards. On roads where the speed limit is 25 MPH or less, two mopeds may operate side-by-side if both riders agree. By current MVD practice, motorized bicycles are considered to be bicycles (not mopeds or motorcycles) and are not subject to the titling and registration requirements of the Motor Vehicle Code. Stat. No person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion. Revising older state laws that classify e-bikes as mopeds and scooters and may include burdensome licensure, registration or equipment requirements. Colorado does not require that bicyclists use any lane or path other than a normal vehicular traffic lane. A person younger than 21 years old still must wear a helmet approved by the U.S. Department of Transportation when operating or riding on a motorcycle. A person operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction; A person operating a moving motor vehicle who, by means of an electronic wireless communications device, sends, reads, or writes a text message, is guilty of a traffic infraction; and. Source: N/A. 204.01(49); 20138.1; See page 8 of "A Guide to North Carolina Bicycle and Pedestrian Laws" [http://www.ncdot.gov/bikeped/download/bikeped_laws_Guidebook-Full.pdf]. Hawaii protects vulnerable users by providing a statutory basis for tougher prosecution when a vulnerable road user has been substantially injured or killed due to negligence. Missouri provides that any person operating a bicycle who enters or crosses an intersection against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions: Missouri does not specifically provide for local authorities to regulate the operation of bicycles or require registration of bicycles, although such authorities may regulate the operation of bicycles through the exercise of their other legal powers. 61-1-101(90); 61-8-602. When reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge, including those caused by traffic lanes too narrow for a bicycle or and a vehicle to travel safely side-by-side within the lane. Any city or town may require that be licensed and may charge reasonable fees for such licensing. Stat. A bicycle using a roadway that has a width of not more than one lane of traffic in each direction. Rhode Island provides that its state traffic laws shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from regulating the operation of bicycles and requiring the registration and licensing of bicycles, including the requirement of a registration fee. It is legal for all persons of any age to operate a bicycle without wearing a helmet unless otherwise provided by a municipal regulation. Ann. However, the law provides for exceptions to this requirement under any of the following situations: California does not have a statute that specifically authorizes or prohibits the operation of a bicycle upon a sidewalk. Source: R.I. Gen. Laws 31-1-3(ee); 31-19-3. Arizona requires that, when overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three feet until the motor vehicle is safely past the overtaken bicycle. No person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing. To make a left turn from a left-turn lane or pocket; To avoid debris, drains or other hazardous conditions that make it impracticable to ride at the right side of the roadway; To occupy any available lane when traveling at the same speed as other traffic; or. Source: Ky. Rev. After stopping, the rider shall yield the right-of-way to any vehicle in or near the intersection or approaching on a roadway so closely as to constitute an immediate hazard; and. In New Jersey bicycles are not vehicles according to the statute that defines vehicles, but a person riding a bicycle has all of the rights and duties of a driver of a vehicle in Chapter 4 of Title 39 of the New Jersey Statutes, except for provisions which by their nature can have no application. Source: Neb. In Kansas, a bicyclist facing any steady red signal, which fails to change to a green light within a reasonable period of time because of a signal malfunction or because the signal has failed to detect the arrival of the bicycle because of its size or weight, shall have the right to proceed in the following manner: Kansas provides that its state traffic laws shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from regulating the operation of bicycles and requiring the registration and inspection of same, including the requirement of a registration fee. Vermont requires that no person open the door of a motor vehicle on the side nearest to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of traffic. Tennessee traffic laws require bicyclists to: Ride on the right-hand side of the road with the same direction as traffic. Source: Ohio Rev. However, Arizona's law requiring three feet between an overtaking motor vehicle and a bicycle provides penalties for a violation of that requirement that results in injury and those penalties do not apply if the bicyclist who is injured was in a vehicular traffic lane when a designated bicycle lane or path is present and passable. Source: Okla. Stat. This requirement is currently scheduled to expire in 2018. New York does not provide any modifications to the requirement to come to a complete stop when directed to stop by traffic control devices and does not authorize bicyclists to disobey traffic lights that fail to detect bicyclists. Significantly, federal law only specifies the maximum speed that the e-bike can travel under motor power alone. You must obey traffic signals and stop signs, yield to pedestrians in crosswalks and slow down in school zones. A person operating a bicycle upon and along a sidewalk, or a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian. 189.300 and601 KAR 14:020 7(3). Source: Me. California requires that no person open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic. Stat. In New Mexico bicycles are not vehicles according to the statute that defines vehicles, but a person riding a bicycle has all of the rights and duties of a driver of a vehicle. Development by radicalDESIGNS. tit. California provides that whenever a bicycle lane has been established on a roadway, any person operating a bicycle upon the roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride within the bicycle lane, except that the person may move out of the lane under any of the following situations: California specifically provides that it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. North Carolina offers Share the Road license plates. 13 02.482; Alaska Admin. Source: Mass. Yields the right of way to the driver of any vehicle approaching on such other highway from either direction. In Virginia, no operator shall open the door of a parked motor vehicle on the side adjacent to moving vehicular traffic unless it is reasonably safe to do so. New Hampshire does not require that bicyclists use any lane or path other than a normal vehicular traffic lane. Colorado Department of Transportation Bike-Ped Manual: A person using a skateboard, roller skates or in-line skates. Stat. These include: Source: Miss. A bicycle is a device upon which any person or persons may ride, propelled solely by human power through a belt, chain, or gears, and having two or more wheels, excluding mopeds. Wyoming requires that 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. This may include regulating the operation of bicycles and requiring the registration and licensing of bicycles, including the requirement of a registration fee. Georgia requires that the operator of a motor vehicle approaching a bicycle shall approach the bicycle with due caution and shall proceed as follows: (1)Make a lane change into a lane not adjacent to the bicycle if possible in the existing road and traffic conditions; or(2)If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least ten miles per hour less than the posted speed limit or 25 miles per hour, whichever is more, and proceed around the bicycle with at least three feet between such vehicle and the bicycle at all times. As of June 2015, all but three states have motorcycle helmet laws in place (GHSA, Helmet Laws, 2015). However, if the driver of a motor vehicle cannot pass a bicycle at a distance of three feet or greater, the driver may slow and pass if doing so will not endanger the safety of the operator of the bicycle. 12-610.1; 12-610.2; 12-813.1; Public Act 097-0829. South Dakota requires that no person open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic. New Hampshire currently has the following laws aimed at distracted driving, subject to limited exceptions: Source: N.H. Rev. In addition, no person shall leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. Kansas requires that the driver of a vehicle overtaking a bicycle proceeding in the same direction shall pass to the left thereof at a distance of not less than three feet and shall not again drive to the right side of the roadway until safely clear of the overtaken bicycle. It is legal for all persons of any age to operate a bicycle without wearing a helmet unless otherwise provided by a municipal regulation. The following presumptions apply based on a person's blood alcohol concentration: Kentucky provides that a bicyclist operating on a highway or highway shoulder may proceed after stopping and if safe against a red light if a traffic signal fails to detect the bicycle. Utah requires that a person operating a bicycle, at a speed less than the speed of traffic, must ride as near as practicable to the right-hand edge of the roadway except when: Utah allows bicycles to operate on sidewalks subject to the following rules: Source: Utah Code Ann. No person shall use any wireless telecommunications device, whether handheld or otherwise, while driving a school bus. In Rhode Island, bicycles are defined as vehicles. Maryland requires that the driver of a motor vehicle overtaking a bicycle pass safely at a distance of not less than 3 feet, unless, at the time: Drivers can cross to the left side of the roadway in a no-passing zone, typically marked by a double yellow line, in order to provide a safe passing distance to bicyclists. 14-212; 14-227a. A person may not drive a motor vehicle on a highway if the motor vehicle is equipped with television-type receiving equipment or video display equipment that is turned on and displaying an image visible to the driver. Michigan's law prohibiting driving while under the influence of alcohol or other controlled substances is written so that it applies to vehicles and therefore does not directly apply to bicyclists. Maryland defines a "vulnerable individual" as: According to Maryland law, an individual may not cause the serious physical injury or death of a vulnerable individual as a result of the individual operating a motor vehicle in violation of traffic laws. In Florida, bicycles are defined as vehicles. In addition, no person shall allow any door on the side of a vehicle adjacent to moving traffic to remain open for a period of time longer than necessary to load or unload passengers. Washington now specifically provides that a law enforcement officer may offer to transport a bicycle rider who appears to be under the influence of alcohol or any drug and who is walking or moving along or within the right-of-way of a public roadway. 21-1124; 21-1124.1; 21-1124.2; 21-1129. Source: Wash. Rev. Stat. 11-501; 1-217. However, no negligence or liability shall be assessed on or imputed to any party on account of the failure to wear a required helmet. A moped;9. Florida requires that no person open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic. North Carolina's law prohibiting driving while under the influence of alcohol or other controlled substances is written so that it applies to all vehicles and therefore likely applies to bicyclists. North Carolina does not provide any modifications to the requirement to come to a complete stop when directed to stop by traffic control devices and does not authorize bicyclists to disobey traffic lights that fail to detect bicyclists. Wyoming also empowers localities to enact a registration fee as part of any local ordinances governing the operation, registration and licensure of non-electric bicycles and e-bikes. North Carolina does not specifically provide for local authorities to regulate the operation of bicycles or require registration of bicycles, although such authorities may regulate the operation of bicycles through the exercise of their other legal powers. Vermont does not specifically provide for local authorities to regulate the operation of bicycles or require registration of bicycles at a state-wide level. When overtaking and passing another bicycle, pedestrian, or other vehicle within the bike lane if the overtaking and passing cannot be done safely within the bike lane; When preparing for a left turn at an intersection or into an alley, private road, or driveway; When reasonably necessary to leave the bike lane to avoid debris or other hazardous condition; or. In addition, no person shall leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. In Arizona, regulations state that all motorized bicycles must have the following: A minimum of one front headlight visible from at least 100 feet when operating at speeds of 20 mph or less. In Delaware, Iowa and Nebraska, electric bicycles are defined within the existing definition of a bicycle, therefore there is not a distinction when it comes to operation on trails. New York does not offer Share the Road license plates at this time. Code Ann. Delaware Bicycle Council Bike Law resources: Compilation of Bicycle Laws from Delaware Code: Distracted driving, meaning inattentive driving while operating a motor vehicle that results in the unsafe operation of the vehicle is prohibited where such inattention is caused by: Interacting with pets or unsecured cargo, Using personal communications technologies, or. Source: Ind. For example, Idahos law specifically states mopeds and motorcycles are not e-bikes and explicitly exempts e-bike operators from licensure, registration and titling requirements. Rev. Wyoming has no helmet law. Colorado provides that its traffic laws shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, except those streets and highways that are parts of the state highway system, from regulating the operation of bicycles and requiring the registration and licensing of same, including the requirement of a registration fee, consistent with state traffic laws. 29-A 2068(4) & (5). Louisiana has a law that makes it a crime to operate a motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated. 291C-150; 74 H. 308, 844 P.2d 670. 75 Pa. Cons. 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