STATE AND LOCAL LAWS PERTAINING TO THE OPERATION OF BICYCLES ON PUBLIC ROADWAYS

 

In the state of Texas a bicycle is considered equivalent to a motor vehicle and subject to the same laws that apply to motor vehicles, with a few exceptions where special rules apply to bicyclists. In most cases, bicyclists have the same rights and responsibilities as motorists and are subject to the same citations a motorist would receive for violating traffic laws. This means that cyclists should stop at all red lights and stop signs, signal when turning and stopping, yield right-of-way when law requires it - and by all means, NO SPEEDING! Most regular cyclists would agree with John Forester, author of "Effective Cycling" that cyclists fare best when they act and are treated as drivers of vehicles. As a general rule, you should not do anything that you would not do when you are driving your car. Make yourself as visible as possible and be predictable in your actions. Making eye contact with drivers of other vehicles can help you establish your position and communicate to them what your intentions are.

 

The following are excerpts of pertinent state and local laws pertaining to the operations of bicycles on public roadways. Remember - a cyclist is subject to all of the laws - these are just some of the portions of the code that are of particular interest to cyclists.

 

TEXAS TRANSPORTATION CODE

 

Section 545.058 Driving on Improved Shoulder

(A) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if the operation is necessary and may be done safely, but only:

(1) to stop, stand, or park;

(2) to accelerate before entering the main traveled lane of traffic; (3) to decelerate before making a right turn;

(4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;

(5) to allow another vehicle traveling faster to pass;

(6) as permitted or required by an official traffic-control device or (7) to avoid a collision.

(B) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited access or controlled access highway if that operation may be done safely, but only:

(1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the right of the main traveled portion of the roadway; (2) as permitted or required by an official traffic control device, or; (3) to avoid a collision.

(C) A limitation in this section on driving on an improved shoulder does not apply to: (1) an authorized emergency vehicle responding to a call; (2) a police patrol, or; , (3) a bicycle.

 

Section 545.107 Method of Giving Hand and Arm Signals

An operator who is permitted to give a hand and arm signal shall give the signal from the left side of the vehicle as follows:

 

(1) to make a left turn signal, extend hand and arm horizontally;

(2) to make a right turn signal, extend hand and arm upward, except that a bicycle operator may signal from the right side of the vehicle with the hand and arm extended horizontally; and

(3) to stop or decrease speed, extend left hand and arm downward.

 

Section 551.102 General Operation

(A) A person operating a bicycle shall ride only on or astride a permanent and regular seat attached to the bicycle.

(B) A person may not use a bicycle to carry more persons than the bicycle is equipped to carry.

(C) A person operating a bicycle may not use his bicycle to carry an object that prevents the person from operating the bicycle with at least one hand on the handlebars of the bicycle.

(0) A person operating a bicycle, coaster, sled, or toy vehicle or using roller skates may not attach either the person or the bicycle, coaster, sled, toy vehicle, or roller skates to a streetcar or vehicle on a roadway.

 

Section 551.103 Operation on Roadway

(A) Except as provided by Subsection (8), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:

(1) the person is passing another vehicle moving in the same direction;

(2) the person is preparing to turn left at an intersection or into a private road or driveway; or

(3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, surface hazard, or substandard width lane, prevents the person from safely riding next to the right curb or edge of the roadway.

(8) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of roadway.

(C) Persons operating a bicycle on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.

(0) In this section, "substandard width lane" means a lane that is too narrow for a bicycle and a motor vehicle to safely travel in the lane side by side.

 

Section 551.104 Safety Equipment

(A) A person may not operate a bicycle unless the bicycle is equipped with a brake capable of making a braked wheel skid on dry, level, clean pavement.

(B) A person may not operate a bicycle at nighttime unless the bicycle is equipped with:

(1) a lamp on the front of the bicycle that emits a white light visible from a distance of at least 500 feet in front of the bicycle; and

(2) a red reflector on the rear of the bicycle that is:

(a) of a type approved by the department; and

(b) visible when directly in front of lawful upper beams of motor vehicle headlamps from all distances from 50 to 300 feet to the rear of the bicycle.

(C) In addition to the rear reflector required by Subsection (B), a person operating a bicycle at nighttime may use a lamp on the rear of the bicycle that emits a red light visible from a distance of 500 feet to the rear of the bicycle.

 

Section 551.105 Competitive Racing

(A) In this section, "bicycle" means a non motorized vehicle propelled by human power.

(B) A sponsoring organization may hold a competitive bicycle race on a public road only with the approval of the appropriate local law enforcement agencies.

(C) The local law enforcement agencies and the sponsoring organization may agree on safety regulations governing the movement of bicycles during a competitive race or during training for a competitive race, including the permission for bicycle operators to ride abreast.

 

CITY OF HOUSTON ORDINANCES

 

 

Section 45-302

No person shall ride a bicycle upon a sidewalk in the City of Houston within a business district or where prohibited by sign. A business district is defined as "the territory contiguous to and including a roadway when, within 600 feet along such roadway, there are buildings in use for business or industrial purpose which occupy 300 feet collectively on both sides of the roadway". Also, bicyclists are required to yield to pedestrians and give an audible signal to pedestrians when riding on approved sidewalks. (In general, bicyclists are permitted to ride on sidewalks unless prohibited by local ordinances, although experienced cyclists usually agree that it is much safer to ride on the street and follow the laws as they apply to any other vehicle.)

 

Section 45-311

This ordinance requires all bicycles to be registered. Owners of non registered bicycles can be ticketed and fined $5. Bicycles can be registered for a fee of $1.00 at many Houston fire stations.

 

Article 6701.d. Section 182

Requires that a bicycle ride with the flow of traffic. Riding with the traffic makes the cyclist more visible and predictable, especially at intersections.

 

City Ordinance No. 95-813

Children under the age of 18 who operate or ride on a bicycle or any side car, trailer, child carrier, seat or other device attached to a bicycle must wear a bicycle helmet.