File No. 334

Senate, March 31, 2015

The Committee on Transportation reported through SEN. MAYNARD of the 18th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING BICYCLE SAFETY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 14-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(a) The Office of the State Traffic Administration may determine those portions of any state highway where overtaking and passing or driving to the left of the highway would be especially hazardous and may by appropriate signs or markings on the highway indicate the beginning and end of such zones. A local traffic authority, as defined in section 14-297, may, in accordance with standards approved by the Office of the State Traffic Administration, determine and designate such no-passing zones on highways under its jurisdiction. When such signs or markings are in place and clearly visible to an ordinarily observant person, each driver of a vehicle shall obey the directions thereof. [Violation] Except as provided in subsection (b) of this section, a violation of the provisions of this section shall be an infraction.

(b) The driver of a vehicle may drive to the left of the centerline on a highway in a marked no-passing zone when such driver is overtaking and passing on the right side a pedestrian, bicycle, moped or scooter, provided such overtaking and passing may be conducted safely, with adequate sight distance and without interfering with oncoming traffic or endangering other vehicles and pedestrians on the highway.

Sec. 2. Section 14-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

No vehicle shall be permitted to remain stationary within ten feet of any fire hydrant, or upon the traveled portion of any highway except upon the right-hand side of such highway in the direction in which such vehicle is headed; and, if such highway is curbed, such vehicle shall be so placed that its right-hand wheels, when stationary, shall, when safety will permit, be within a distance of twelve inches from the curb, except, if a bikeway, as defined in section 13a-153f, or a buffer area for such bikeway is in place between the parking lane and the curb, such vehicle shall be so placed that its right-hand wheels, when stationary, shall, when safety will permit, be not less than twelve inches from the edge of such bikeway or buffer area. No vehicle shall be permitted to remain parked within twenty-five feet of an intersection or a marked crosswalk thereat, or within twenty-five feet of a stop sign caused to be erected by the traffic authority in accordance with the provisions of section 14-301. No vehicle shall be permitted to remain stationary upon the traveled portion of any highway at any curve or turn or at the top of any grade where a clear view of such vehicle may not be had from a distance of at least one hundred and fifty feet in either direction. The Commissioner of Transportation may post signs upon any highway at any place where the keeping of a vehicle stationary is dangerous to traffic, and the keeping of any vehicle stationary contrary to the directions of such signs shall be a violation of this section. No vehicle shall be permitted to remain stationary upon the traveled portion of any highway within fifty feet of the point where another vehicle, which had previously stopped, continues to remain stationary on the opposite side of the traveled portion of the same highway. No vehicle shall be permitted to remain stationary within the limits of a public highway in such a manner as to constitute a traffic hazard or obstruct the free movement of traffic thereon, provided a vehicle which has become disabled to such an extent that it is impossible or impracticable to remove it may be permitted to so remain for a reasonable time for the purpose of making repairs thereto or of obtaining sufficient assistance to remove it. Nothing in this section shall be construed to apply to emergency vehicles and to maintenance vehicles displaying flashing lights or to prohibit a vehicle from stopping, or being held stationary by any officer, in an emergency to avoid accident or to give a right-of-way to any vehicle or pedestrian as provided in this chapter, or from stopping on any highway within the limits of an incorporated city, town or borough where the parking of vehicles is regulated by local ordinances. Violation of any provision of this section shall be an infraction.

Sec. 3. Section 14-286b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(a) [Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when (1) making a left turn pursuant to subsection (b) of section 14-241, (2) overtaking and passing another vehicle proceeding in the same direction, (3) overtaking and passing pedestrians, parked vehicles, animals or obstructions on the right side of the highway, and (4) when the right side of the highway is closed to traffic while under construction or repair.] Any person operating a bicycle upon a roadway at less than the normal speed of traffic shall ride as close to the right side of the roadway as is safe, as judged by the bicyclist, except when:

(1) Overtaking or passing another vehicle proceeding in the same direction;

(2) Preparing for a left turn at an intersection or into a private road or driveway;

(3) Reasonably necessary to avoid conditions, including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or lanes that are too narrow for a bicycle and a motor vehicle to travel safely side by side within such lanes;

(4) Approaching an intersection where right turns are permitted and there is a dedicated right turn lane, in which case a bicyclist may ride on the left-hand side of such dedicated lane, even if the bicyclist does not intend to turn right;

(5) Riding on a roadway designated for one-way traffic, when the bicyclist may ride as near to the left-hand curb or edge of such roadway as judged safe by the bicyclist; or

(6) Riding on parts of roadways set aside for the exclusive use of bicycles, including, but not limited to, contra-flow bicycle lanes, left-handed cycle tracks or bicycle lanes on one-way streets and two-way cycle tracks or bicycle lanes.

(b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast, as provided in this subsection, shall not impede the normal and reasonable movement of traffic, and, on a laned roadway, shall ride within a single lane.

(c) No person riding upon any bicycle, motor-driven cycle, roller skates, skis, sled, skateboard, coaster, toy vehicle or any other vehicle not designed or intended to be towed shall attach the same or such person to any vehicle moving or about to move on a public roadway nor shall the operator of such vehicle knowingly permit any person riding a bicycle, motor-driven cycle, roller skates, skis, skateboard, coaster, sled, toy vehicle or any other vehicle not designed or intended to be towed to attach the same or such person to such vehicle so operated or about to be operated, provided any person operating a bicycle solely by foot or hand power may attach a bicycle trailer or semitrailer thereto, provided such trailer or semitrailer is designed for such attachment.

(d) No person operating a bicycle, as defined by section 14-286, upon a roadway, path or part of roadway set aside for exclusive use of bicycles shall carry on such bicycle a passenger unless such bicycle is equipped or designed to carry passengers, provided any person who has attained the age of eighteen years may carry any child while such person is operating a bicycle propelled solely by foot or hand power, provided such child is securely attached to his person by means of a back pack, sling or other similar device. The term "child", as used in this subsection, means any person who has not attained the age of four years.

(e) No person operating a bicycle, as defined by section 14-286, shall carry any package, bundle or other article which prevents such person from using both hands in the operation of such bicycle. Each person operating such bicycle shall keep at least one hand on the handlebars thereof when such bicycle is in motion.

(f) Violation of any provision of this section shall be an infraction.

Sec. 4. (NEW) (Effective July 1, 2015) The Commissioner of Transportation, when updating design standards for roads in the state, shall include, as appropriate, the standards contained within the National Association of City Transportation Officials Urban Bikeway Design Guide and the National Association of City Transportation Officials Urban Street Design Guide.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill results in a potential revenue impact through statutory safety and fine changes to laws regarding bicycle operation.

The bill results in a potential revenue loss by allowing motorists to cross the centerline in a no-pass zone in specified situations. In FY 14, 1,373 violations occurred with 936 resulting in fine revenue of approximately $90,000. These violations occurred for situations both including and not including a bicyclist or pedestrian. The bill only eliminates the violation when it involves a bicyclist or pedestrian.

The bill also results in a potential revenue loss by expanding circumstances when a bicyclist is not required to ride as close to the right side of the road as practical. In FY 14, 79 violations occurred with 32 resulting in fine revenue of approximately $1,700.

Finally the bill results in a potential revenue gain by requiring motorists parking on a curbed highway to park the vehicle so that the right wheels are 12 inches (or less) from the end of the buffer, as opposed to 12 inches (or less) from the curb, as under current law. In FY 14, 3,932 violations occurred with 2,939 resulting in fine revenue of approximately $244,000.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

OLR Bill Analysis

sSB 502

AN ACT CONCERNING BICYCLE SAFETY.

SUMMARY:

This bill makes several changes in laws pertaining to bicycle operation and bikeways. It expands the circumstances when a bicyclist is not required to ride as close to the right side of the road as practical.

The bill allows motorists to cross the centerline of a highway in a marked no-passing zone in order to overtake and pass a pedestrian, bicyclist, moped, or scooter located on the right side of the road. They may cross the centerline only if they can do so safely, with adequate sight distance, and without interfering with oncoming traffic or endangering other vehicles and pedestrians.

Under current law, motorists parking on curbed highways must park their vehicles so that their right-hand wheels are 12 inches or less from the curb. On highways with a bikeway or a buffer area for a bikeway between the parking lane and the curb, the bill requires a motorist to park so that the vehicle's right-hand wheels are 12 inches or less from the edge of the bikeway or buffer area.

Finally, the bill requires the Department of Transportation, when updating design standards for roads in the state, to include, where appropriate, standards from the National Association of City Transportation Officials Urban Bikeway and Urban Street design guides.

EFFECTIVE DATE: July 1, 2015

OPERATING BICYCLES ON ROADWAYS

Currently, bicyclists must ride as close to the right side of the road as practical, except when making a left turn; avoiding areas closed to traffic; or overtaking or passing moving or parked vehicles, pedestrians, animals, or obstructions on the right side of the highway.

The bill instead requires a bicyclist traveling slower than traffic to ride as close to the right side as he or she determines to be safe, except when:

1. overtaking or passing a vehicle traveling in the same direction;

2. preparing for a left turn;

3. reasonably necessary to avoid conditions, including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or lanes too narrow for a bicycle and a vehicle to travel safely side by side;

4. approaching an intersection with a dedicated right turn lane, in which case a bicyclist may ride on the left side of the dedicated lane, even if the bicyclist does not intend to turn right;

5. riding on a one-way road, in which case a bicyclist may ride as close to the left side of the road as he or she determines to be safe; or

6. riding on parts of roadways dedicated exclusively for use by bicycles.

COMMITTEE ACTION

Transportation Committee

Joint Favorable Substitute