HP1045, LD 1460, item 1, An Act To Update and Clarify the Laws Governing the Operation of Bicycles on Public Roadways

An Act To Update and Clarify the Laws Governing the Operation of Bicycles on Public Roadways

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA §101, sub-§9, as amended by PL 2001, c. 148, §1, is repealed and the following enacted in its place:

9. Bicycle. "Bicycle" means a vehicle that:

A. Is designed to be operated on the ground on 2 or more wheels;

B. Has a seat or saddle for use of the rider; and

C. Is propelled exclusively by human power through a belt, chain or gears.

Sec. 2. 29-A MRSA §101, sub-§63-B is enacted to read:

63-B. Roadway. "Roadway" means the portion of a highway available for use by vehicular traffic, whether public or private. "Roadway" does not include the shoulder.

Sec. 3. 29-A MRSA §101, sub-§66-B is enacted to read:

66-B. Shoulder. "Shoulder" means the portion of a highway, whether paved or unpaved, contiguous to the roadway that is primarily, but not solely, for the accommodation of stopped vehicles, for emergency use or for lateral support of base and surface courses and that may be used by pedestrians, bicyclists, roller skiers and others.

Sec. 4. 29-A MRSA §101, sub-§83, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

83. Traffic. "Traffic" means pedestrians, ridden or herded animals, vehicles , bicycles and other conveyances either singly or together using public way for travel.

Sec. 5. 29-A MRSA §101, sub-§86-C is enacted to read:

86-C. Travel lane; traffic lane. "Travel lane" or "traffic lane" means the part of a roadway that is a one-way lane for the movement of vehicles and does not include a shoulder or a lane exclusively for use in making turns.

Sec. 6. 29-A MRSA §2060, sub-§1-A, as amended by PL 2009, c. 484, §3, is further amended to read:

1-A. Right turns near bicyclists or roller skiers. A person operating a motor vehicle that passes near a person operating a bicycle or roller skis and proceeding in the same direction may not make a right turn at any intersection or into any road or way unless the turn can be made with reasonable safety and without interfering with the safe and legal operation of the bicycle or roller skis.

If a right turn, or an attempted right turn, by a person operating a motor vehicle is immediately followed by a collision or accident involving a bicyclist or roller skier, there is a rebuttable presumption of negligence on the part of the person operating the motor vehicle making or attempting to make the right turn.

Sec. 7. 29-A MRSA §2063, as amended by PL 2009, c. 484, §5, is further amended to read:

§ 2063. Bicycles, roller skis and scooters

1. Definitions. For the purpose of this section, "bicycle" includes a motorized bicycle, a motorized tricycle or a motorized scooter.

2. Riding to the right. A person operating a bicycle or roller skis upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time and place shall drive on the right portion of the way roadway as far as practicable except when it is unsafe to do so or:

A. When overtaking and passing another roller skier, bicycle or other vehicle proceeding in the same direction;

B. When preparing for or making a left turn at an intersection or into a private road or driveway;

C. When proceeding straight in a place where right turns are permitted; and

D. When necessary to avoid hazardous conditions, including, but not limited to, fixed or moving objects, vehicles, bicycles, roller skiers, pedestrians, animals, broken pavement, glass, sand, puddles, ice, surface hazards or opening doors from parallel-parked vehicles , or a lane of substandard width that makes it unsafe to continue along the right portion of the way. For purposes of this paragraph, "lane of substandard width" means a lane that is too narrow for a bicycle or roller skier and a vehicle to travel safely side by side in the lane. ; and

E. When proceeding in a travel lane that is too narrow for a bicyclist or roller skier and a vehicle to travel safely side by side in the lane, based on an operational space by the bicyclist or roller skier of 4 feet and a distance between the bicyclist or roller skier and the vehicle of at least 3 feet.

This subsection does not apply in a municipality that, by ordinance approved by the Department of Public Safety and the Department of Transportation, makes other provisions regarding the operating location of a bicycle or roller skier on a roadway.

In case of any conflict with any local ordinance or regulation, the provisions of this subsection govern the rights and responsibilities of persons operating bicycles and roller skiers.

2-A. Bicyclist or roller skier traveling on shoulder. Notwithstanding subsection 2, a person operating a bicycle or roller skis may travel on paved shoulders a shoulder. This subsection may not be construed to require a person operating a bicycle or roller skis to travel on a shoulder. If a person elects to operate a bicycle or roller skis on a shoulder, that person may use the entire width of the shoulder.

3. Seating. A person operating a bicycle may not ride other than upon or astride a regular and permanently attached seat.

3-A. Number of persons. A bicycle may not be used to carry more persons than the number for which it is designed and equipped.

4. Hitching rides. A person riding on roller skis, a bicycle or a scooter may not attach it to a moving vehicle on a way.

5. Rights and duties. A person riding a bicycle or scooter or operating roller skis on a way roadway has the rights and is subject to the duties applicable to the operator of a vehicle, except as to:

A. Special regulations; and

B. Provisions in this Title that by their nature can have no application.

6. Speed. A motorized bicycle or motorized scooter may not be operated in excess of 20 miles per hour.

7. Penalties. A person 17 years of age or over who violates this section commits a civil violation for which a fine of not less than $25 and not more than $250 may be adjudged. A person under 17 years of age is not subject to a fine under this section.

8. Impoundment. The chief of police of a municipality, or if there is no chief of police, the chair of the local legislative body, when satisfied that a juvenile under the age of 17 years has ridden a bicycle or scooter or has operated roller skis in violation of this section, may impound the bicycle, scooter or roller skis for a period not to exceed 5 days for the first offense, 10 days for a 2nd offense and 30 days for a subsequent offense.

9. Passing a school bus. A person operating a bicycle or roller skis on a way, in a parking area or on school property, on meeting or overtaking a school bus from either direction when the bus has stopped with its red lights flashing to receive or discharge passengers, shall stop the bicycle or roller skis before reaching the school bus. The person bicyclist or roller skier may not proceed until the school bus resumes motion or until signaled by the school bus operator to proceed.

The operator of a bicycle or roller skis A person operating a bicycle or roller skis on a way separated by curbing or other physical barrier need not stop on meeting or passing a school bus traveling in a lane separated by the barrier from the lane in which that person is traveling.

Sec. 8. 29-A MRSA §2070, sub-§1-A, as amended by PL 2009, c. 484, §6, is repealed and the following enacted in its place:

1-A. Passing a bicyclist or roller skier. An operator of a motor vehicle that is passing a person operating a bicycle or roller skis on a way proceeding in the same direction shall pass in compliance with the provisions of this subsection and shall do so at a safe distance that does not interfere with the overtaken bicyclist's or roller skier's safe operation of the bicycle or roller skis, having due regard for the size and speed of all vehicles and traffic, the conditions of the traffic, the weather, the visibility and the surface and width of the way.

A. An operator of a motor vehicle may not overtake or pass a person operating a bicycle or roller skis proceeding in the same direction on a way at a distance that leaves less than 3 feet between any part of the motor vehicle and any part of the bicycle or the roller skis or any part of the person operating a bicycle or the roller skier.

B. When in a no-passing zone, the operator of a motor vehicle may pass a person operating a bicycle or roller skis traveling in the same direction only when it is safe to do so.

C. When traffic or road conditions prevent an operator of a motor vehicle from passing a person operating a bicycle or roller skis or executing a pass in accordance with paragraphs A and B, the operator of the motor vehicle shall slow the motor vehicle to a reasonable and prudent speed and wait until the pass may be made safely and in accordance with paragraphs A and B.

D. In the event of a collision between a motor vehicle and a person operating a bicycle or roller skis that results in bodily injury to the person operating the bicycle or roller skis, there is a rebuttable presumption that the driver of the motor vehicle is in violation of this subsection.

Sec. 9. 29-A MRSA §2070, sub-§6, as amended by PL 2009, c. 484, §7, is further amended to read:

6. Passing on the right. An operator may pass a vehicle on the right only under the following conditions:

A. When the vehicle to be passed is making or about to make a left turn;

B. On a way with unobstructed pavement not occupied by parked vehicles and of sufficient width for 2 or more lines of traffic in each direction; or

C. On a way on which traffic is restricted to one direction, when the roadway is free from obstructions and of sufficient width for 2 or more lines of traffic.

An operator may pass on the right only under conditions permitting that movement in safety. An operator may not overtake by driving off the pavement or main traveled portion of the way.

A person operating a bicycle or roller skis may pass a vehicle on the right at the bicyclist's or roller skier's own risk. This subsection does not apply to a person operating a bicycle or roller skis.

Sec. 10. 29-A MRSA §2070, sub-§6-A is enacted to read:

6-A. Bicyclists and roller skiers passing on the right. A person operating a bicycle or roller skis may pass a vehicle on the right when it is reasonably safe to do so. In making a determination regarding whether it is safe to pass on the right, the operator of a bicycle or roller skis may assume that the operators of vehicles on the way will operate their vehicles in accordance with the law and in a reasonably prudent manner.

As used in this subsection, "pass" means to move any portion of a bicycle or roller ski beyond any portion of a vehicle being overtaken.

Sec. 11. 29-A MRSA §2084, sub-§1, as repealed and replaced by PL 2003, c. 510, Pt. A, §25, is amended to read:

1. Night equipment. A bicycle, scooter or motorized bicycle or tricycle, when in use in the nighttime, must have:

A. Lighted a front light that emits a white light visible from a distance of at least 200 feet to the front;

B. A red or amber light or reflector to the rear taillight that is visible at least 200 feet to the rear; and

C. Reflector material on the pedals, unless the bicyclist is wearing reflective material on the feet or ankles.

A bicyclist may also use optional supplementary reflectors, lights or reflective or lighted safety equipment.

A light attached to the operator of a bicycle, scooter or motorized bicycle or tricycle must satisfy the requirements for lighting set forth in this subsection.

Sec. 12. 29-A MRSA §2322, sub-§1, as enacted by PL 1999, c. 331, §1, is repealed.

Sec. 13. 29-A MRSA §2322, sub-§9, as enacted by PL 1999, c. 331, §1, is amended to read:

9. Public roadway. "Public roadway" means a right-of-way under the jurisdiction and control of the State or a local political subdivision of the State for the use primarily by motor vehicular traffic.

Sec. 14. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 29-A, in the Title headnote, the words "motor vehicles" are amended to read "vehicles and traffic" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

SUMMARY

This bill amends and clarifies the laws regarding bicycles in the Maine Revised Statutes, Title 29-A in the following ways.

1. It amends the definition of "bicycle" to mean a vehicle propelled exclusively by human power, designed to be operated on the ground on 2 or more wheels and having a seat or saddle. Current law refers to a bicycle as a "device."

2. It adds definitions of "roadway," "shoulder" and "travel lane" and amends the definition of "traffic" to include bicycles.

3. It prohibits the operator of a motor vehicle from making a right turn near a bicyclist or roller skier unless the turn can be made in a manner that does not interfere with the safe and legal operation of the bicycle or roller skis. Current law prohibits a vehicle operator from making a right turn unless it can be made with reasonable safety. The bill also establishes a rebuttable presumption of negligence on the part of the operator of a motor vehicle making or attempting to make the right turn if that action is immediately followed by a collision or accident involving a bicyclist or roller skier.

4. Current law requires a bicyclist or roller skier to operate as far to the right as practicable except when it is unsafe to do so or, among other conditions, when a lane of substandard width makes it unsafe to continue along the right portion of the way. This bill provides that a bicyclist or roller skier does not have to keep as far to the right as practicable if proceeding in a travel lane that is too narrow for a bicyclist or roller skier and a vehicle to travel safely side by side in the lane, based on an operational space by the bicyclist or roller skier of 4 feet and a distance between the bicyclist or roller skier and the vehicle of at least 3 feet.

5. Current law allows a bicyclist or roller skier to operate on a paved shoulder of the road. This bill specifies that this provision does not require the bicyclist or roller skier to operate on the paved shoulder. This bill allows a bicyclist or roller skier to use the entire width of the shoulder if bicycling or roller skiing there.

6. Current law requires the operator of a motor vehicle, when passing a bicyclist or roller skier, to leave a distance of at least 3 feet between the motor vehicle and the bicyclist or roller skier. This bill clarifies the conditions under which the pass may take place and provides that a collision between a motor vehicle and a bicyclist or roller skier that results in bodily injury to the bicyclist or roller skier creates a rebuttable presumption that a violation of the law by the operator of the motor vehicle occurred.

7. Current law allows a bicyclist or roller skier to pass a vehicle on the right at the bicyclist's or roller skier's own risk. This bill strikes that provision of law, clarifies when a bicyclist or roller skier may pass on the right and allows the bicyclist or roller skier to assume that the operators of vehicles on the roadway will operate their vehicles in accordance with the law and in a reasonably prudent manner.

8. It requires a bicycle operated in the nighttime to be equipped with a red rear light that is visible at least 200 feet to the rear of the bicycle and it requires any auxiliary lights attached to the bicyclist to meet the requirements for lights attached to the bicycle.

9. It repeals the definition of "bicycle" in the Bicycle and Roller Skis Safety Education Act. This definition is made redundant by the change to the definition of "bicycle" for Title 29-A.

10. It amends the definition of "public roadway" for purposes of the Bicycle and Roller Skis Safety Education Act to remove the definition's emphasis on motor vehicle traffic.

11. It changes the headnote of the Maine Revised Statutes, Title 29-A to "Vehicles and Traffic" to reflect the application of the Title to more than motor vehicles.

HP1045 LD 1460	Session - 126th Maine Legislature		LR 1340 Item 1
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