![[Company Logo Image]](_borders/bac_logo_16color240x140.gif){kind=logo}
|
|
|
|
| Comment:
Bicycles are considered vehicles under Pennsylvania Laws and must obey all the rules of the road which apply to vehicles. These are the "responsibilities" mentioned above. The "rights" refer to the roadway space required to operate the bicycle in a safe, lawful manner. |
Any person violating any provision of this subchapter is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $10.
The parent of any child and the guardian of any ward shall not authorize or knowingly permit the child or ward to violate any of the provisions of this title relating to the operation of pedalcycles.
(a) Use of seat by operator.--A person propelling a pedalcycle shall not ride other than upon or astride a permanent and regular seat attached to the pedalcycle.
(b) Number of riders.--No pedalcycle shall be used to carry more persons at one time than the number for which the pedalcycle is designed and equipped except that an adult rider may transport a child in a pedalcycle child carrier which is securely attached to the pedalcycle or in a trailer which is towed by a pedalcycle.
(a) General rule.--Except as provided in subsections (b) and (c), every person operating a pedalcycle upon a highway shall obey the applicable rules of the road as contained in this title.
| Comment: This statement reiterates the necessity for cyclists to conform to the expectations of other road users in order to ensure the safety of all. |
(b) Operation on shoulder.--A pedalcycle may be operated on the shoulder of a highway and shall be operated in the same direction as required of vehicles operated on the roadway.
| Comment: A bicycle may be operated on either a shoulder or on the roadway (the travel lanes). The locations will be based upon traffic volume, the physical condition of the travel lanes or the shoulder, traffic speed, the bicyclist's intended direction, and other safety factors. |
(c) Slower than prevailing speeds.--A pedalcycle operated at slower than prevailing speed shall be operated in accordance with the provisions of section 3301(b) (relating to driving on right side of roadway) unless it is unsafe to do so.
| Comment: Taken together, 3505 (c) and 3301 (b) state that slower vehicles should keep to the right, which is the normal expectation of all road users, while permitting bicyclists to make movements consistent with their intended route. |
(d) One-way roadways.--Any person operating a pedalcycle upon a roadway which carries traffic in one direction only and has two or more marked traffic lanes may ride as near the left- hand curb or edge of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
| Comment: Bicycles may ride in the left lane of a one-way street which contains two or more lanes. However, this does not apply to pedalcyclists on freeways. See Section 3511(d), below. |
(e) Limitation on riding abreast.--Persons riding pedalcycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of pedalcycles.
(f) Mandatory use of available pedalcycle path.--Whenever a lane or path for pedalcycles has been provided as a part of a highway and mandatory use of the lane or path has been indicated by official traffic-control devices, pedalcycle riders shall use the lane or path and shall not use any other part of the highway. This subsection does not apply when use of the pedalcycle lane or path is not possible, safe or reasonable.
No person operating a pedalcycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars.
(a) Lamps and reflectors.--Every pedalcycle when in use between sunset and sunrise shall be equipped on the front with a lamp which emits a beam of white light intended to illuminate the pedalcycle operator's path and visible from a distance of at least 500 feet to the front. Operators of pedalcycles may supplement the required front lamp with a white flashing lamp, light-emitting diode or similar device to enhance their visibility to other traffic and with a red reflector on the rear which shall be visible from all distances from 500 feet to the rear and with an amber reflector on each side. A lamp emitting a red flashing lamp, light-emitting diode or similar device visible from a distance of 500 feet to the rear may be used in addition to the red reflector. A lamp worn by the operator of a pedalcycle shall comply with the requirements of this subsection if the lamp can be seen at the distances specified.
| Comment: Many car-bike crashes occur at night and involve a poorly illuminated bicyclist. Bicyclists should understand that headlamps serve two purposes: a) primarily, they advise other road users of their presence (vitally important to prevent unsuspecting motorists from cutting across the paths of cyclists they cannot even detect), b) secondarily, illuminate the bicyclist's path, |
(b) Audible signal devices.--A pedalcycle may be equipped with a device capable of giving a signal audible for a distance of at least 100 feet except that a pedalcycle shall not be equipped with nor shall any person use upon a pedalcycle any siren.
(c) Brakes.--Every pedalcycle shall be equipped with a braking system which will stop the pedalcycle in 15 feet from an initial speed of 15 miles per hour on a dry, level and clean pavement.
(a) Right-of-way to pedestrians.--A person riding a pedalcycle upon a sidewalk or pedalcycle path used by pedestrians shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.
(b) Business districts.--A person shall not ride a pedalcycle upon a sidewalk in a business district unless permitted by official traffic-control devices, nor when a usable pedalcycle-only lane has been provided adjacent to the sidewalk.
(a) Sidewalks.--
(b) Roadways.--
(a) General rule.--A person under 12 years of age shall not operate a pedalcycle or ride as a passenger on a pedalcycle unless the person is wearing a pedalcycle helmet meeting the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling or any other nationally recognized standard for pedalcycle helmet approval. This subsection shall also apply to a person who rides:
| Comment: The Pennsylvania Department of Transportation strongly recommends that all bicyclists wear approved helmets whenever they ride. |
(b) Helmet to be labeled.--Any helmet sold or offered for sale for use by operators and passengers of pedalcycles shall be labeled in accordance with the standard described in subsection (a), which shall constitute the manufacturer's certification that the helmet conforms to the applicable safety standards.
(b.1) Sale of helmet.--No person shall sell or offer for sale for use by an operator or passenger of a pedalcycle a helmet which is not of a type meeting the requirements established by this section.
(b.2) Waiver of fine.--If a person receives a citation issued by the proper authority for violation of subsection (a), a district justice, magistrate or judge shall dismiss the charges if the person prior to or at his hearing displays evidence of acquisition of a helmet meeting the standards prescribed in subsection (a) to such district justice, magistrate or judge. Sufficient evidence shall include a receipt mailed to the appropriate court officer which evidences purchase or transfer of such a helmet from another helmet owner, evidenced by a notarized letter.
(b.3) Exemption.--This section shall not apply to a child under 12 years of age who can produce a statement from the family's church authorities attesting that it is against the tenets of the family's religion to wear a helmet.
(c) Civil actions.--In no event shall a violation or alleged violation of subsection (a) be used as evidence in a trial of any civil action; nor shall any jury in a civil action be instructed that any conduct did constitute or could be interpreted by them to constitute a violation of subsection (a); nor shall failure to use a pedalcycle helmet be considered as contributory negligence nor shall failure to use a pedalcycle helmet be admissible as evidence in the trial of any civil action.
(d) Penalty.--Notwithstanding any other provisions of law, any violation of subsection (a) is punishable by a fine, including all penalties, assessments and court costs imposed on the convicted person not to exceed $25. The parent or legal guardian having control or custody of a person under 12 years of age whose conduct violates this section shall be jointly and severally liable with the person for the amount of the fine imposed.
(e) Definitions.--As used in this section, the term "wearing a pedalcycle helmet" means having a pedalcycle helmet of good fit fastened securely upon the head with the helmet straps.
(a) General rule.--No person shall ride a pedalcycle on a freeway.
(b) Exceptions.--
i. The pedalcycle procession or event is of national, State or regional interest; and
ii. the results of an engineering and traffic study indicate that the procession or event can be conducted with safety.
i. The pedalcycler is 16 years of age or older or is accompanied by a pedalcycler 18 years of age or older.
ii. A written request for review of the freeway route based on the potential unavailability of a reasonable alternate route is made to the department.
iii. The department determines that no reasonable alternate route exists.
iv. The department publishes a notice in the Pennsylvania Bulletin authorizing pedalcycle access to the freeway. The notice shall constitute approval for the persons authorized under subparagraph (i) to ride a pedalcycle on the State-designated freeway.
(c) Action by local authorities.--Action taken by local authorities regarding permission to use pedalcycles on freeways under their jurisdiction shall be:
(d) Operation on shoulder.--If the department authorizes pedalcycle access to a freeway, the pedalcycle shall be operated upon the shoulder of that freeway whenever practicable.
| Comment: Bicycles may be permitted on freeways in Pennsylvania with permission of the Department. The applicant must submit a written request (form) to the Department for review. In addition, Section 3511(d) requires the bicycle to be ridden on the shoulder of the freeway. |
No person or organization who or which lends to another person or organization a pedalcycle helmet, as described in section 3510 (relating to pedalcycle helmets for certain persons), shall be liable for any civil damages resulting from any act or omission, except any act or omission intentionally designed to harm or any grossly negligent act or omission resulting in harm to another.
§ 3541. Obedience of pedestrians to traffic-control
devices and regulations.
§ 3542. Right-of-way of pedestrians in crosswalks.
§ 3543. Pedestrians crossing at other than crosswalks.
§ 3544. Pedestrians walking along or on highway.
§ 3545. Pedestrians soliciting rides or business.
§ 3546. Driving through or around safety zone.
§ 3547. Right-of-way of pedestrians on sidewalks.
§ 3548. Pedestrians to yield to authorized emergency vehicles.
§ 3549. Blind pedestrians.
§ 3550. Pedestrians under influence of alcohol or controlled substance.
§ 3551. Compliance with bridge and railroad warning signals.
§ 3552. Penalty for violation of subchapter.
(a) Traffic-control devices.--A
pedestrian shall obey the instructions of a police officer or other
appropriately attired person authorized to direct, control or regulate traffic.
(b) Traffic and
pedestrian-control signals.--Local authorities by ordinance may require
pedestrians to obey traffic and pedestrian-control signals as provided in
sections 3112 (relating to traffic-control signals) and 3113 (relating to
pedestrian-control signals).
(a) General rule.--When
traffic-control signals are not in place or not in operation, the driver of a
vehicle shall yield the right-of-way to a pedestrian crossing the roadway within
any marked crosswalk or within any unmarked crosswalk at an intersection.
(b) Exercise of care by
pedestrian.--No pedestrian shall suddenly leave a curb or other place of
safety and walk or run into the path of a vehicle which is so close as to
constitute a hazard.
(c) Limitation on vehicles
passing.--Whenever any vehicle is stopped at any crosswalk at an
intersection or at any marked crosswalk to permit a pedestrian to cross the
roadway, the driver of any other vehicle approaching from the rear shall not
overtake and pass the stopped vehicle.
(d) Application of section.--Subsection
(a) does not apply under the conditions stated in section 3543(b) (relating to
pedestrians crossing at other than crosswalks).
(e) Penalties.--The driver of
a vehicle who violates subsection (a) commits a summary offense and shall, upon
conviction, be sentenced to pay a fine of $50.
(a) General rule.--Every
pedestrian crossing a roadway at any point other than within a crosswalk at an
intersection or any marked crosswalk shall yield the right-of-way to all
vehicles upon the roadway.
(b) At pedestrian tunnel or
overhead crossing.--Any pedestrian crossing a roadway at a point where a
pedestrian tunnel or overhead pedestrian crossing has been provided shall yield
the right-of-way to all vehicles upon the roadway.
(c) Between controlled
intersections in urban district.--Between adjacent intersections in urban
districts at which traffic-control signals are in operation pedestrians shall
not cross at any place except in a marked crosswalk.
(d) Crossing intersection
diagonally.--No pedestrian shall cross a roadway intersection diagonally
unless authorized by official traffic-control devices or at the direction of a
police officer or other appropriately attired person authorized to direct,
control or regulate traffic. When authorized to cross diagonally, pedestrians
shall cross only in accordance with the signal pertaining to the crossing
movements.
(a) Mandatory use of available
sidewalk.--Where a sidewalk is provided and its use is practicable, it is
unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Absence of sidewalk.--Where
a sidewalk is not available, any pedestrian walking along and upon a highway
shall walk only on a shoulder as far as practicable from the edge of the
roadway.
(c) Absence of sidewalk and
shoulder.--Where neither a sidewalk nor a shoulder is available, any
pedestrian walking along and upon a highway shall walk as near as practicable to
an outside edge of the roadway and, if on a two-way roadway, shall walk only on
the left side of the roadway.
(d) Right-of-way to vehicles.--Except
as otherwise provided in this subchapter, any pedestrian upon a roadway shall
yield the right-of-way to all vehicles upon the roadway.
No person shall:
(a) Through zones.--No
vehicle shall at any time be driven through or within a safety zone.
(b) Around zones.--Traffic
may move on either side of a safety zone unless prohibited from driving to the
left of the zone by the installation of an official traffic-control device as
provided in this title.
The driver of a vehicle emerging
from or entering an alley, building, private road or driveway shall yield the
right-of-way to any pedestrian approaching on any sidewalk extending across the
alley, building entrance, road or driveway.
(a) General rule.--Upon the
immediate approach of an emergency vehicle making use of audible and visual
signals meeting the requirements of this title, every pedestrian shall yield the
right-of-way to the emergency vehicle.
(b) Exercise of care by driver.--This
section does not relieve the driver of an emergency vehicle from the duty to
drive with due regard for the safety of all persons using the highway nor from
the duty to exercise due care to avoid colliding with any pedestrian.
(a) General rule.--The driver
of a vehicle shall yield the right-of-way to any totally or partially blind
pedestrian carrying a clearly visible white cane or accompanied by a guide dog
and shall take such precautions as may be necessary to avoid injuring or
endangering the pedestrian and, if necessary, shall stop the vehicle in order to
prevent injury or danger to the pedestrian.
(b) Effect of absence of cane or
dog.--This section shall not be construed to deprive a totally or partially
blind pedestrian not carrying a cane or not being guided by a dog of the rights
and privileges conferred by law upon pedestrians crossing streets or highways,
nor shall the failure of a totally or partially blind pedestrian to carry a cane
or to be guided by a guide dog upon the streets, highways or sidewalks of this
Commonwealth be held to constitute contributory negligence in and of itself.
A pedestrian who is under the
influence of alcohol or any controlled substance to a degree which renders the
pedestrian a hazard shall not walk or be upon a highway except on a sidewalk.
(a) Bridges.--No pedestrian
shall enter or remain upon any bridge or approach to any bridge beyond the
bridge signal, gate or barrier after a bridge operation signal indication has
been given.
(b) Railroad crossings.--No
pedestrian shall pass through, around, over or under any crossing gate or
barrier at a railroad grade crossing or bridge while the gate or barrier is
closed or is being opened or closed.
Any pedestrian violating any provision of this subchapter is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $5.
(a) Establishment.--There is hereby established under the jurisdiction of the Department of Transportation the Pennsylvania Pedalcycle and Pedestrian Advisory Committee.
(b) Composition.--The committee shall consist of 12 members. The members shall be as follows:
i. One member from a list of at least three representatives submitted by the Bicycling Federation of Pennsylvania.
ii. One member from a list of at least three representatives submitted by the League of American Bicyclists.
iii. One member from a list of at least three representatives submitted by the United States Cycling Federation.
iv. One member from a list of at least three representatives submitted by the Pennsylvania Chapter of the Rails-to-Trails Conservancy.
v. One member from a list of at least three representatives submitted by the Eastern Paralyzed Veterans Association.
vi. One member from the general public.
Each member may designate an alternate to serve in his stead. A member shall notify the chairman in writing of this designation.
(c) Terms of appointees.--The terms of all members of the committee appointed by the Governor shall be for three years. Any member of the committee may be reappointed for additional terms. An individual appointed to fill a vacancy shall serve for the unexpired term and shall be eligible for reappointment.
(d) Officers.--The members of the committee shall annually elect a chairman, a vice chairman and a secretary from among the public members of the committee.
(e) Meetings and expenses.--
(f) Powers and duties.--The powers and duties of the committee shall be to advise and comment on all phases of cycling and pedestrian program activities being undertaken or financially assisted by the department and agencies of State government.
|
Send mail to webmaster@BicycleAccess-PA.org with
questions or comments about this web site.
|
Pennsylvania
Consolidated Statutes