Indiana, like all other states, has some rinky dink laws, some too-restrictive laws, some dated laws, and some missing laws. I think it is time for change.
At the bottom of this post, is a section that summarizes most, if not all, state laws affecting bicyclists, and my proposed changes. It’s rather long, and the second paragraph (Notes) tells how to interpret the various colored type. In this section, I have detailed proposed legal changes to the Indiana Code.
I am neither a lawyer nor a politician, but I think its time for change in our next legislative session which starts in January, 2009. I have had a tiny bit of experience in working with the Indiana Legislature, and am convinced that, rather than saying ‘there outta be a law’, we should be saying ‘let’s make a law’. I’m willing to step up to the challenge.
I want feedback on my proposals, and an idea of how much support I can expect in this endeavor.
To save you from reading the whole section, here is a summary:
- Allow cyclist to legally stand up and pedal, even on a tandem
- Disallow the use of headphones by cyclist on the road
- Allow cyclists to ride legally without a bell or other sound device
- Require motorist to allow at least one meter distance when passing a cyclist
- Allow the cyclist the option of signaling a right turn by extending the right arm to the right
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Here’s the section:
References:
http://www.in.gov/legislative/ic/code/title9/ar21/ch8.html
http://www.geocities.com/midimagic@sbcglobal.net/bikedang.htm
http://www.ai.org/legislative/ic/code/title9/ar21/ch8.html
Notes:
Black text is law that I would not change.
Red text is law that I would delete.
Blue text is law that I would add.
Roadways; rights and duties
Sec. 2. A person riding a bicycle upon a roadway has all the rights and duties under this article that are applicable to a person who drives a vehicle, except the following:
(1) Special regulations of this article.
(2) Those provisions of this article that by their nature have no application.
As added by P.L.2-1991, SEC.9.
IC 9-21-11-3
Operation; seats; passengers
Sec. 3. (a) A person propelling a bicycle may not:
(1) ride other than upon the permanent and regular seat attached to the bicycle; or
(2) carry any other person upon the bicycle who is not seated upon a firmly attached and regular seat on the bicycle.
(b) A person may not ride upon a bicycle unless seated under this section.
As added by P.L.2-1991, SEC.9.
IC 9-21-11-7
Packages, bundles, or other articles preventing proper use of handlebars
Sec. 7. A person who rides a bicycle may not carry a package, a bundle, or an article that prevents the person from keeping both hands upon the handlebars. They may not wear headphones that interfere with their ability to hear on-coming traffic or voice communication from nearby cyclists.
As added by P.L.2-1991, SEC.9.
IC 9-21-11-8
Bell or other audible signaling devices; sirens; whistles
Sec. 8. A person may not ride a bicycle unless the bicycle is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred (100) feet. A bicycle may not be equipped with and a person may not use upon a bicycle a siren or whistle.
As added by P.L.2-1991, SEC.9.
IC 9-21-11-10
Brakes
Sec. 10. A bicycle must be equipped with a brake that will enable the person who operates the bicycle to make the braked wheels skid on dry, level, clean pavement.
As added by P.L.2-1991, SEC.9.
9-21-8-5. Overtaking and passing of vehicles proceeding in the
same direction — The following rules govern the overtaking and
passing of vehicles proceeding in the same direction, subject to
the limitations, exceptions, and special rules stated:
(1) A person who drives a vehicle overtaking another vehicle (including bicycles) proceeding in the same direction shall pass to the left of the other vehicle at a safe distance of at least 1 (one) meter and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
IC 9-21-8-28
Hand and arm signals; left turn; right turn; decrease in speed
Sec. 28. All signals required under this chapter may be given by hand and arm. A signal given under this section shall be given from the left side of the vehicle in the following manner:
(1) A left turn is indicated by extending the hand and arm horizontally.
(2) A right turn is indicated by extending the hand and arm upward, or by extending the right arm to the right.
(3) A stop or decreased speed is indicated by extending the hand and arm downward.
As added by P.L.2-1991, SEC.9.
IC 9-21-8-20
Pedestrians, bicycles, and other nonmotorized traffic; prohibition
on use of highways
Sec. 20. The Indiana department of transportation may by
resolution or order entered in its minutes, and local authorities may
by ordinance, with respect to any freeway or interstate highway
system under their respective jurisdictions, prohibit the use of a
highway by pedestrians, bicycles, or other nonmotorized traffic or by
a person operating a motor-driven cycle. The Indiana department of
transportation or the local authority adopting a prohibiting regulation
shall erect and maintain official signs on the freeway or interstate
highway system on which the regulations are applicable. If signs are
erected, a person may not disobey the restrictions stated on the signs.
As added by P.L.2-1991, SEC.9.
Author:
Paul Taylor
July 22,2008
