Troy Tucker
Montana HB HB0189
2003 Montana Legislature
About Bill -- Links
HOUSE BILL NO. 189
INTRODUCED BY J. PATTISON
BY REQUEST OF THE DEPARTMENT OF TRANSPORTATION
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING AND UPDATING
PROVISIONS GOVERNING BICYCLES; REDEFINING "BICYCLE"; ALLOWING THE DEPARTMENT
OF JUSTICE TO USE RULEMAKING TO ALLOW CERTAIN VEHICLES TO BE DEFINED AS
BICYCLES; PROHIBITING A PARENT OR GUARDIAN FROM ALLOWING A CHILD TO VIOLATE
BICYCLE LAWS; PROHIBITING THE OPERATOR OF A BICYCLE FROM CARRYING MORE PEOPLE
THAN THE BICYCLE IS DESIGNED TO CARRY; CLARIFYING WHERE ON A HIGHWAY A PERSON
OPERATING A BICYCLE SHALL RIDE; REQUIRING THAT AN OPERATOR KEEP AT LEAST ONE
HAND ON THE HANDLEBARS OF A BICYCLE AT ALL TIMES; SPECIFYING THE KIND OF
EQUIPMENT BICYCLES MUST HAVE; PROHIBITING THE OPERATION OF CERTAIN KINDS OF
BICYCLES ON THE SIDEWALK OR IN A CROSSWALK; REQUIRING A WRITTEN AGREEMENT TO
EXEMPT FROM TRAFFIC LAWS PARTICIPANTS IN A BICYCLE RACING EVENT; PROVIDING
BICYCLE TURN PROCEDURES; REQUIRING CERTAIN HAND AND ARM SIGNALS WHEN TURNING
OR STOPPING; REGULATING THE PARKING OF BICYCLES; PROHIBITING A PERSON
OPERATING A BICYCLE FROM INTERFERING WITH A MOTOR VEHICLE; AND AMENDING
SECTIONS 61-1-123, 61-1-206, 61-8-601, 61-8-603, 61-8-604, 61-8-605,
61-8-606, 61-8-607, 61-8-608, AND 61-8-609, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-1-123, MCA, is amended to read:
"61-1-123. Bicycle. (1) "Bicycle" means:
(1) every (a) a vehicle propelled solely by human power applied to
pedals upon which any a person may ride, having a seat or saddle for use by
the operator and two tandem wheels and a seat height of more than 25 inches
from the ground when the seat is raised to its highest position, except
scooters and similar devices or two parallel wheels and one forward wheel,
all of which are 14 inches in diameter or more; or
(2) every (b) a vehicle equipped with two or three wheels, foot pedals
to permit muscular propulsion, and an independent power source providing a
maximum of 2 brake horsepower. If a combustion engine is used, the maximum
piston or rotor displacement may not exceed 3.05 cubic inches, (50
centimeters) or 50 cubic centimeters, regardless of the number of chambers in
the power source. The power source must may not be capable of propelling the
device, unassisted, at a speed exceeding 30 miles an hour, (48.28 or 48.28
kilometers an hour) hour, on a level surface. The device must be equipped
with a power drive system that functions directly or automatically only and
does not require clutching or shifting by the operator after the drive system
is engaged.
(2) The department may by rule define as a bicycle a vehicle that fails
to meet the criteria specified in this section but that is essentially
similar to a bicycle in performance and application."
Section 2. Section 61-1-206, MCA, is amended to read:
"61-1-206. Roadway. Except as used in 61-8-605, "roadway" "Roadway" me
ans that portion of a highway improved, designed, or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. In the event a highway
includes two or more separate roadways, the term "roadway" refers to any
roadway separately but not to all roadways collectively."
Section 3. Section 61-8-601, MCA, is amended to read:
"61-8-601. Effect of regulations. (1) It A violation of a provision of
this part is a misdemeanor for any person to do any act forbidden or fail to
perform any act required in this part.
(2) These regulations The laws applicable to bicycles shall apply
whenever a bicycle is operated upon any a highway or upon any a path set
aside for the exclusive use of bicycles subject to those exceptions stated
herein in this part.
(3) The parent of a child or the guardian of a ward may not authorize or
knowingly permit the child or ward to violate any of the provisions of this
part."
Section 4. Section 61-8-603, MCA, is amended to read:
"61-8-603. Riding on bicycles. (1) A person propelling a bicycle shall
may not ride other than upon or astride a the permanent and regular seat or
saddle attached thereto to the bicycle.
(2) A bicycle may not be used to carry more people at one time than the
number that it is designed or equipped to carry, except that an adult rider
may carry a child who is secured in a seat that is properly affixed to the
bicycle or who is secured in a trailer that is specifically designed to carry
children."
Section 5. Section 61-8-604, MCA, is amended to read:
"61-8-604. Clinging to vehicles. No A person riding upon any a bicycle,
coaster, roller skates, sled, other human-powered vehicle, or toy vehicle
shall may not attach the same vehicle or himself the person to any vehicle
upon a roadway, but a bicycle trailer or bicycle semitrailer may be attached
to a bicycle if that trailer or semitrailer has been designed for such the
attachment."
Section 6. Section 61-8-605, MCA, is amended to read:
"61-8-605. Riding on roadways highways. (1) As used in this section,
"roadway" means that portion of a highway improved, designed, or ordinarily
used for vehicular travel, including the paved shoulder.
(2)(1) A person operating a bicycle upon a roadway highway at less than
the normal speed of traffic at the time and place and under the conditions
then existing shall ride on the shoulder or as near to the right side of the
roadway as practicable except when:
(a) overtaking and passing another bicycle or vehicle proceeding in the
same direction;
(b) preparing for a left turn at an intersection or into a private road
or driveway; or
(c) reasonably necessary to avoid a condition that makes it unsafe to
continue on the shoulder or along the right side of the roadway, including
but not limited to a fixed or moving object, parked or moving vehicle,
pedestrian, animal, surface hazard, or a lane that is too narrow for a
bicycle and another vehicle to travel safely side by side within the lane;
(d) operating a bicycle within a clearly defined bicycle lane; or
(e) the far right lane of the roadway is restricted to vehicles making a
right-hand turn. If a person operating a bicycle does not intend to turn
right at an intersection where the far right lane is restricted to vehicles
making a right-hand turn, the person shall ride to the left of the far right
lane through the intersection.
(2) Where vehicles are parked on a highway, a person operating a bicycle
shall ride as close as practicable to the edge of the roadway that allows the
person to ride in a straight line, avoiding weaving between the parked
vehicles.
(3) A person operating a bicycle upon a one-way highway, except on
divided highways, with two or more marked traffic lanes may ride on the left
shoulder or as close to the left side of the roadway as practicable.
(4) Persons riding bicycles upon a roadway highway shall ride in single
file except when:
(a) riding on paths or parts of roadways highways set aside for the
exclusive use of bicycles;
(b) overtaking and passing another bicycle;
(c) riding on a paved shoulder or in a parking lane, in which case the
persons may ride two abreast; or
(d) riding within a single lane on a laned roadway with at least two
lanes in each direction, in which case the persons may ride two abreast if
they do not impede the normal and reasonable movement of traffic more than
they would otherwise impede traffic by riding single file and in accordance
with the provisions of this chapter.
(5) A bicycle, as defined in 61-1-123(2), is excluded from the
provisions of subsections (2) and (3)."
Section 7. Section 61-8-606, MCA, is amended to read:
"61-8-606. Carrying articles -- at least one hand on handlebars at all
times. No (1) A person operating a bicycle shall may not carry any package,
bundle, or article which that prevents the driver from keeping at least one
hand upon the handle bars use of both hands in the control and operation of
the bicycle.
(2) A person operating a bicycle shall keep at least one hand on the
handlebars at all times."
Section 8. Section 61-8-607, MCA, is amended to read:
"61-8-607. Lamps and other equipment on bicycles. (1) Every bicycle
when When in use at nighttime, a bicycle shall must be equipped with:
(a) a lamp on the front which shall emit that emits a white light
visible from a distance of at least 500 feet to the front. A;
(b) a lamp emitting on the rear that emits a red light visible from a
distance of 500 1,000 feet to the rear may be used in addition to rear-facing
reflectors required by this section;
(c) a red rear-facing reflector of a type approved by the department
that is visible for 600 feet to the rear when directly in front of the lower
beams of the headlamps on a motor vehicle;
(d) (i) reflective material of sufficient size and reflectivity to be
visible from both sides for 600 feet when directly in front of the lower
beams of the headlamps on a motor vehicle; or
(ii) a lighted lamp that is visible from both sides from a distance of
at least 500 feet;
(e) an essentially colorless front facing reflector;
(f) essentially colorless or amber pedal reflectors mounted on the front
and back of each pedal; and
(g) (i) tires with reflective sidewalls; or
(ii) reflectors mounted on the spokes of each wheel that are:
(A) within 3 inches of the inside of the rim;
(B) visible on each side of the wheel; and
(C) essentially colorless or amber on the front wheel and amber or red
on the back wheel.
(2) Every bicycle when in use at nighttime shall be equipped with an
essentially colorless front-facing reflector, essentially colorless or amber
pedal reflectors, and a red rear-facing reflector. Pedal reflectors shall be
mounted on the front and back of each pedal.
(3) Every bicycle when in use at nighttime shall be equipped with
either tires with retroflective sidewalls or reflectors mounted on the spokes
of each wheel. Spoke mounted reflectors shall be within 76 millimeters (3
inches) of the inside of the rim and shall be visible on each side of the
wheel. The reflectors on the front wheel shall be essentially colorless or
amber and the reflectors on the rear wheel shall be amber or red.
(4) Reflectors required by this section shall be of a type approved by
the department. Lights or reflectors that are used in addition to those that
are required in subsection (1) must emit a steady light or flash at a rate of
100 to 280 flashes a minute.
(5)(3) Every bicycle shall must be equipped with a brake which or
brakes that will enable the operator to make the braked wheels skid stop the
bicycle within 15 feet from a speed of 10 miles an hour on dry, level, clean
pavement.
(6) Every bicycle is encouraged to be equipped with a flag clearly
visible from the rear and suspended not less than 6 feet above the roadway
when the bicycle is standing upright. The flag shall be fluorescent orange in
color."
Section 9. Section 61-8-608, MCA, is amended to read:
"61-8-608. Bicycles on sidewalks and within crosswalks. (1) A person
operating a bicycle upon and along a sidewalk or across a roadway upon and
along within a crosswalk shall yield the right-of-way to any pedestrian and
shall give an audible signal before overtaking and passing any pedestrian.
(2) A person may not ride a bicycle upon and along a sidewalk or across
a roadway upon and along within a crosswalk where the use of a bicycle is
prohibited by official traffic control devices.
(3) Except as provided in subsections (1) and (2), a person operating a
vehicle by human power upon and along a sidewalk or across a roadway upon and
along within a crosswalk has all the rights and duties applicable to a
pedestrian under the same circumstances.
(4) A person who is operating a bicycle as defined in 61-1-123(1)(b) may
not operate the bicycle upon a sidewalk or within a crosswalk."
Section 10. Section 61-8-609, MCA, is amended to read:
"61-8-609. Bicycle racing -- when lawful. (1) Bicycle racing on a
highway is prohibited except as authorized in this section.
(2) Bicycle racing on a highway is lawful when a racing event is
approved by state or local authorities on any highway under their respective
jurisdictions. Approval of bicycle highway racing events will be granted only
under conditions that assure ensure reasonable safety for all race
participants, spectators, and other highway users and that prevent
unreasonable interference with traffic flow.
(3) By written agreement with the approving authority, participants in
an approved bicycle highway racing event may be exempted from compliance with
any traffic laws otherwise applicable if traffic control is adequate to
assure ensure the safety of all highway users."
NEW SECTION. Section 11. Bicycle turn procedures. (1) A person
operating a bicycle who intends to turn left shall follow the course
described in 61-8-333(1) or in subsection (2) of this section.
(2) Except as provided in 61-8-333(3), a person operating a bicycle who
intends to turn left shall approach the turn as close as practicable to the
right curb or right edge of the road surface. After proceeding across the
intersecting roadway to the far corner of the curb or intersection of roadway
edges, the person shall stop as much as practicable out of the way of
traffic. After stopping, the person shall yield to any traffic proceeding in
either direction along the roadway the person had been using. After yielding
and complying with any official traffic control device or police officer
regulating traffic on the highway that the person intends to use, the person
may proceed in the new direction.
NEW SECTION. Section 12. Hand and arm signals -- exceptions. A person
operating a bicycle who intends to turn shall comply with the provisions of:
(1) 61-8-336, except that the person need not continuously give a signal
by hand and arm if the hand is needed in the control or operation of the
bicycle; and
(2) 61-8-338, except that the person may signal a right turn by
extending the right hand and arm horizontally.
NEW SECTION. Section 13. Where bicycle parking allowed. (1) A person
may park a bicycle on a sidewalk unless it is prohibited or restricted by an
official traffic control device or ordinance and if the parked bicycle does
not impede the normal and reasonable movement of traffic using the sidewalk.
(2) A person may park a bicycle on a roadway at any angle to the curb or
edge of the roadway or abreast of other bicycles near the side of the roadway
at any location where parking is allowed.
(3) A person may not park a bicycle on a roadway in a manner that
obstructs the movement of a legally parked motor vehicle.
(4) In all other respects, a bicycle parked anywhere on a highway must
conform with the provisions of 61-8-354, which regulate the parking of
vehicles.
NEW SECTION. Section 14. Bicycle operator not to interfere with motor
vehicles. The operator of a bicycle may not:
(1) intentionally interfere with the movement of a lawfully operated
motor vehicle; or
(2) overtake or pass a motor vehicle unless the operator of the bicycle
can do so safely.
NEW SECTION. Section 15. Codification instruction. [Sections 11
through 14] are intended to be codified as an integral part of Title 61,
chapter 8, part 6, and the provisions of Title 61, chapter 8, part 6, apply
to [sections 11 through 14].
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