Letter to a City Council concerning Dangerous Bicycle Laws

by Fred Oswald, PE, LCI #947
revised 2 Mar 2004

The idea here is to send a short letter and include more information in "attachments".  This letter is a work in progress.  Please send any ideas and additional information to f.oswald@earthlink.net

XYZ City Council
12345 Sixth St.
XYZ, OH 54321

The bicycle is the most community friendly vehicle known.  However, our society tends to regard bicycles as toys, rather than effective, efficient and economical transportation vehicles.  This attitude causes the public benefits of cycling to be overlooked.  Worse, when governments do try to address bicycle safety, the measures taken often significantly increase the risk and make cycling extremely inconvenient.

There are serious safety problems in the XYZ Codified Ordinances, Section 373.15 "RIDING ON STREETS, BICYCLE PATHS OR SIDEWALKS".  This section includes provisions that significantly increase the risk of collisions between bicycles and motor vehicles.  Even if never enforced, they are wrong because they would aid the defense of a negligent driver who injures a cyclist riding on the street.  Such provisions also discourage respect for the law.

Problem 1
373.15(c) says "Wherever a designated path for bicycles has been provided adjacent to a street, bicycle riders shall use such path and shall not use the street."  In addition, 373.15(d) says (in part) "Any person operating a bicycle shall ride upon the sidewalk rather than the roadway when sidewalks are available and not congested with pedestrian traffic."  Both of these subsections were based on the former Subsection 11-1205(c) of the Uniform Vehicle Code.  This provision was completely removed in 1976 because it mandates riding in an unsafe location wherever there are junctions with cross streets or driveways.

Bicycle accident studies, such as "Risk Factors for Bicycle-Motor Vehicle Collisions at Intersections" by Wachtel and Lewiston, Journal of the Institute of Transportation Engineers, 1994 show that the accident rate for sidewalk bicycle operators is about two times higher than that of road cyclists.  Because of this danger, the AASHTO Guide for the Development of Bicycle Facilities (1999 edition) specifically warns against sidewalk bicycle riding:  "...Sidewalks are typically designed for pedestrian speeds and maneuverability and are not safe for higher speed bicycle use. ... At intersections, motorists are often not looking for bicyclists (who are traveling at higher speeds than pedestrians) entering the crosswalk area, particularly when motorists are making a turn. Sight distance is often impaired..."

Problem 2
373.15(g) says "No person shall ride a bicycle across or through an intersection when crossing a through street.  Such intersections are to be crossed by walking the bicycle across or through the intersection."  This is discriminatory and it is universally ignored, even by sidewalk cyclists.  It is better to teach sidewalk cyclists the danger of crossing streets and driveways from the sidewalk particularly if they are traveling faster than pedestrians.  It is best, however, to teach adult and older child cyclists to ride properly on the street, following the normal rules of the road.  This is the only method that allows the bicycle to be used as a safe and practical transportation vehicle.  Younger child cyclists should be kept off the street just as they should not be allowed to cross the streets until they understand how to do this safely.  But this must be determined by the parents.

Recommendation
We suggest you immediately remove Section 373.15 subsections (c), (g), and the first sentence of (d) because they are dangerous and they conflict with the uniform traffic laws of the state.  Instead, we suggest that you begin a program to educate citizens about the proper methods of bicycle operation, using material such as is listed in the attachments, including the enclosed flyer and Ohio Bicycling Street Smarts.  I also suggest you consider adopting the enclosed Model Municipal Bicycle Code.

We would like to meet with the Council to discuss our concerns.  As part of this meeting, we can show you highlights of the training video Effective Cycling.  The video shows how to safely ride a bicycle in traffic by following the standard rules of the road, as the driver of a vehicle.  The video illustrates the techniques taught in "BikeEd" courses.  Experienced cyclists who use these techniques have an accident rate 80 percent below the average rate.  Our suggestions will make your laws consistent with the best practices of the safest cyclists, thus protecting the city from liability.

We thank you for your consideration.  Please let us know how you will deal with this important issue.

/signatures/

enclosures:
leaflets "Where to Ride" and "Bike Safety for Kids -- A Parent's Guide"
Street Smarts booklet
Model Local Bicycle Laws


Attachment 1 -- Warnings About Sidewalk Bicycle Facilities

Below are excerpts from official and professional sources that warn against mandating or encouraging sidewalk bicycle operation.

Guidelines for the Development of Bicycle Facilities, American Association of State Highway Transportation Officials, 1999.

"In residential areas, sidewalk riding by young children is common. With lower bicycle speeds and lower cross street auto speeds, potential conflicts are somewhat lessened, but still exist. Nevertheless, this type of sidewalk bicycle use is accepted..." [p. 20]
"...Sidewalks are typically designed for pedestrian speeds and maneuverability and are not safe for higher speed bicycle use. Conflicts are common between pedestrians traveling at low speeds (exiting stores, parked cars, etc.) and bicyclists, as are conflicts with fixed objects (e.g., parking meters, utility poles, sign posts, bus benches, trees, fire hydrants, mail boxes, etc.) Walkers, joggers, skateboarders and roller skaters can, and often do, change their speed and direction almost instantaneously, leaving bicyclists insufficient reaction time to avoid collisions."
"Similarly, pedestrians often have difficulty predicting the direction an oncoming bicyclist will take. At intersections, motorists are often not looking for bicyclists (who are traveling at higher speeds than pedestrians) entering the crosswalk area, particularly when motorists are making a turn. Sight distance is often impaired..." [p.58]
The excerpt below is from Selecting Roadway Design Treatments to Accommodate Bicycles, US Dept. of Transportation Publication No. FHWA-RD-92-073.
"Sidewalks are generally inappropriate for use by adults because they put the adult bicyclist in conflict with motorists using driveways, and with pedestrians, utility poles and signposts.  Also, the cyclist is generally not visible or noticed by the motorist so that the cyclist suddenly emerges at intersections, surprising the motorist and creating a hazardous condition."

From the Traffic Safety Toolbox published by the Institute of Transportation Engineers (1993)

Sidewalk bike paths.
"From the late 1970s through the mid-1980s a number of communities signed some sidewalks or built new paths for bicyclists parallel to roadways.  Several states even passed laws forcing bicyclists to use such facilities if they existed.  Bicycle/car crashes increased dramatically in some corridors, especially at driveways, intersections, on bridges, and other locations.  Sidewalk or paths parallel to a roadway force bicyclists to ride against traffic half of the time.  In either direction, motorists are often surprised by the presence of cyclists [on sidepaths], since [motorists] are neither conditioned nor capable of searching these locations for traffic moving at 8-15 mph.  Many pedestrians were also hurt, or complained that it was no longer comfortable to walk.  Also, many motorists became less considerate of bicyclists who continued to use the often safer roadway sections.…in no case should a bicyclist be forced to use the sidewalk pathway.  Never sign a sidewalk or parallel path as a bikeway, since many motorists who see these signs will assume that those bicyclists riding on the roadway section are not permitted to be there."

From the Traffic Control Devices Handbook published by the Institute of Transportation Engineers.

Problems with Parallel Separated Paths
"It is frequently assumed that a separated parallel pathway along an arterial street or highway will provide a superior facility for bicyclists than the provision of on-street accommodations.  While a parallel path may be aesthetically appealing, and may serve pedestrians well, the use of sidewalks or parallel separated paths for bicycle accommodation creates the following problems:"

"These paths will operate as sidewalks, and will be used in both directions, despite signing to the contrary.  Bicyclists coming from the right will not be noticed by drivers emerging from or entering cross streets and driveways.  See Figure 13 for diagrams that show these potential conflicts."

"Travel in the direction opposite the flow of traffic is particularly hazardous during hours of darkness, because bicyclists may be blinded by oncoming motor vehicle headlamps."

"At intersections, drivers will not be looking for bicyclists, who will be traveling much faster than pedestrians, to enter the crosswalk area."

"At approaches to intersections, parked vehicles interfere with the visibility of bicyclists to road users.  Also, at driveways sight distances on sidewalks and sidepaths are often impaired by buildings, property fences, vegetation, and other obstructions."

"Stopped cross street motor vehicle traffic or vehicles exiting side streets or driveways may block the sidepath or sidewalk."

"These paths are typically not safe for higher-speed use.  Due to the speed differential, conflicts between bicyclists and pedestrians are common.  Fixed objects such as parking meters, utility poles, sign posts, bus shelters and benches, trees, hydrants, and cross-sloped sidewalk ramps also pose a hazard to bicyclists."

"The development of extremely wide sidewalks or sidepaths does not necessarily add to the safety of bicycle travel, as wide sidewalks and paths will encourage higher speed bicycle use, magnifying the potential for conflicts at intersections and driveways, and conflicts with pedestrians and fixed objects."

"Many bicyclists will use the roadway instead of the sidewalk or sidepath because they have found the highway to be safer, more convenient, or better maintained.  Bicyclists using the roadway are often subjected to harassment by motorists, who feel that in all cases bicyclists should be on the sidepath or sidewalk instead."

"There is the potential on sidewalks for bicyclists to accidentally ride off the curb, possibly causing a fall or collision with traffic on the roadway.  While pathways may reduce the possibility of such collisions by using the recommended 1.5 m (5 ft) separation between the path and the roadway, such pathways will still be vulnerable to most of the other problems listed here."

"Experience has shown that the use of STOP or YIELD signs on sidewalks and pathways to reduce conflicts at driveways and cross streets has little or no benefit.  Bicyclists will not comply with unreasonable restrictions on their right of way, especially if the adjacent roadway has no such limitations.  This may also breed disrespect for other traffic control devices that are far more important for traffic safety.

Excerpt from Policy and Procedure for Bicycle Projects, Ohio-DOT, 1988, "BICYCLES ON SIDEWALK TYPE BIKE PATH"
Sidewalk or sidewalk-type bike paths immediately adjacent to streets and highways will not be approved by ODOT for the following reasons:

  1. Bicyclists using a bike path may mistakenly believe that they have the right of way at intersections and driveways, and cross without looking.
  2. Stopped or parked motor vehicles at driveways often block the path.
  3. Physical barriers placed between motor vehicle lanes and immediately adjacent bicycle paths are a hazard to bicyclists and motorists and also complicate maintenance of the bicycle paths.
  4. Bicyclists legitimately using a roadway near a path may be subjected to harassment by motorists who mistakenly believe that bicyclists are required to use the path.
  5. If the adjacent bicycle path also serves as a pedestrian sidewalk, bicyclists may pose a hazard to pedestrians.
  6. Curb cuts are inconsistently available; bicyclists jumping sidewalk curbs risk losing control.
Wide curb-lanes, bike routes, or barrier-free bike lanes are generally the best way to accommodate bicycle traffic along highway corridors.

Attachment 2 -- Cycling Information Resources

Street Smarts by John Allen is a 39 page booklet about cycling in traffic.  Street Smarts is very suitable for transportation professionals, police, teachers, scouts, etc.  Rubel Bikemaps distributes printed copies, see www.bikemaps.com/bss.htm.   In Ohio, it is distributed as Ohio Bicycling Street Smarts by the Department of Public Safety; and in Pennsylvania as part of the Bicycle Driver's Manual.  The manual is available on the Internet (courtesy of Pennsylvania DOT) at www.dot.state.pa.us/Internet/hwyIntHS.nsf/frmBikeManual.

"Dilemmas of Bicycle Planning" has an excellent discussion of issues that should be understood by everyone who plans for cycling.  http://danenet.wicip.org/bcp/dilemma.html.

Effective Cycling Video, 41 minutes,  $25 from League of American Bicyclists, phone (202) 822-1333 or email to LAB, bikeleague@bikeleague.org.

"Bike Ed Classes (formerly called Effective Cycling) are a good way to learn cycling techniques.  The basic class is called Road-I. There are several other variants (Road-II, "Kid's" classes, Commuter, etc.)  Courses can be customized specifically for transportation engineers and planners.  This should be an education requirement.  You can find a nationwide list of certified instructors at: www.bikeleague.org/educenter/education.htm and Ohio instructors at Cycling-Information.html

John Forester's Books:  Planners, engineers and others whose professional activities impact cyclists should be familiar with the books by the founder of  Effective Cycling.  It will take some effort to get past the bitter, confrontational style of the author but then you can learn from a real expert.  The books are Effective Cycling, MIT Press, 1993 and Bicycle Transportation, MIT Press, 1994.

Do you make these eight common bicycling mistakes?  Flyer distributed by the Ohio Department of Transportation.  Note that one of the mistakes listed is "Riding on busy sidewalks".

From A to Z by Bike:  The comprehensive guide to safe bicycling for kids and adults,  32 page booklet distributed by the Ohio Department of Public Safety.

A Kid's Eye View, Bicycle safety video for parents, produced by Wisconsin DOT, 11 minutes, ($10) from the League of American Bicyclists, phone (202) 822-1333 or email to LAB, bikeleague@bikeleague.org.


Attachment 3 -- Measures To Improve the Cycling Environment

  1. Improve traffic laws relating to bicycles.  Most important, remove dangerous language such as "mandatory sidepath" rules and "as near to the right as practicable" language.
  2. Train key personnel  in BikeEd classes.  This training should be part of the educational requirement for all transportation professionals whose work impacts cyclists.  Transportation engineers must either pass a class themselves or employ consultants who have done so.  For Professional Engineers, this requirement is consistent with the "Code of Ethics for Engineers and Surveyors".  Specifically, the Ohio Administrative Code (Sect. 4733-35-03(B)) states "The Engineer or Surveyor shall undertake to perform assignments only when he and/or his consulting support are qualified by training and experience in the specific technical fields involved."
  3. Provide BikeEd or International Police Mountain Bike Assoc. classes for police and provide the Effective Cycling video for continuing police training.  Make sure police teach correct methods of bicycle safety when they visit schools.  At least some of the time, bicycle officers should ride in (cycling appropriate) uniform on the main roads of their community in order to set a good example
  4. Enforce traffic laws reasonably (the correct laws) to stop unsafe practices such as: (1) riding without lights at night; (2) riding on the wrong side of the road; (3) riding on sidewalks, particularly in commercial areas and especially riding on the sidewalk in the wrong direction with respect to the adjacent roadway; and (4) failure to yield at stop signs and failure to stop and wait for red traffic lights (assuming the lights work correctly).
  5. Insure that "vehicle detectors" actually detect bicycles.  Mark each detector's "hot spot" with a stencil so cyclists know where to stop.  Be aware that non-functioning detectors contribute to the attitude of some cyclists that they should not be governed by traffic laws.
  6. Raise the awareness of all citizens that bicycles are vehicles that should be driven on the roads according to the standard rules of the road.  Bicycles operated at night must have working headlights and cyclists should wear helmets to prevent disabling injuries.  This public education can be provided through pamphlets, signs and posters that say: "Share the Road"; "Drive bicycles according to traffic laws", and "Bicycles need lights at night".  Messages and the good example of public officials will reinforce the message.
  7. Distribute bicycle education materials (see above).  Loan cycling videos to residents.  (Good videos include Effective Cycling and A Kid's Eye View.)
  8. Eliminate dangerous sewer grates, rough road surfaces (especially near the right edge) and other hazards.
  9. Where possible, upgrade roads to include wide curb lanes that allow safe lane sharing between bicycles and motor vehicles.
  10. Provide secure bicycle parking at stores, restaurants, etc.  Make sure bike racks are properly designed (avoid "wheel benders") and in conspicuous spots to deter thieves and vandals.
  11. Establish procedures to deter "road range" and motorist assault.  The Effective Cycling video can be used by traffic courts to educate violators.