Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
189.010,
189.030(1),
189.450
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
189.287 requires the cabinet to promulgate
administrative regulations to establish standards for bicycle safety and
equipment. This administrative regulation establishes the equipment and safety
requirements required in the operation of a bicycle.
Section 1. Definitions.
(1) "Bicycle":
(a) Means a device with an attached seat
propelled primarily by human power upon which a person rides astride or upon,
regardless of the number and size of the wheels in contact with the ground;
and
(b) Does not mean a wheelchair
designed for a person with a disability.
(2) "Hazard" means a condition present on the
roadway that constitutes a danger to a bicycle rider such as:
(a) A fixed or moving object;
(b) A parked or moving vehicle;
(c) A pedestrian;
(d) A surface irregularity; or
(e) An animal.
(3) "Shared lane" means a single lane of
traffic less than fourteen (14) feet in width not including the gutter
pan.
Section 2. Lights
and Reflectors.
(1) A bicycle operated on a
highway during the hours or atmospheric conditions described in
KRS
189.030(1) shall display at
least one (1) front light on either the bicycle or the bicyclist that is
visible for 500 feet and capable of revealing substantial objects at least
fifty (50) feet in front of the bicycle.
(2) A bicycle if operated on a highway or
highway shoulder shall display on either the bicycle or the bicyclist:
(a) One (1) red reflector or red light
visible for at least 100 feet from the rear of the bicycle; and
(b) One (1) red light or a flashing red light
visible from the rear of the bicycle for at least 500 feet during the hours or
atmospheric conditions described in
KRS
189.030(1).
Section 3. Horn or
Bell.
(1) A bicycle may be equipped with a
bell, horn, or other device capable of making an abrupt sound, but shall not be
equipped with a siren or whistle.
(2) A person operating a bicycle shall shout
or sound the bell, horn, or other sound device as necessary to warn pedestrians
or other bicycles of the approach of the bicycle.
Section 4. Brakes. A bicycle shall not be
operated on a highway or highway shoulder without a brake or brakes adequate to
control the movement of, or to stop, the bicycle within fifteen (15) feet at a
speed of ten (10) miles per hour on a dry, level, clean pavement.
Section 5. Seat.
(1)
(a) A
bicyclist if operating on a highway or highway shoulder shall ride upon a seat
attached to the bicycle.
(b) A
bicyclist operating on a highway or highway shoulder may transport a person or
persons upon a seat or carrying device attached to the bicycle in a manner in
which the seat or device is manufactured and designed to be used.
(2) A bicycle operated on a
highway or highway shoulder shall not carry more than the number of persons for
which the bicycle is designed or safely equipped.
Section 6. Transporting a Package and
Attaching to a Motor Vehicle.
(1) A bicyclist
operating on a highway or highway shoulder shall not carry a package, bundle,
or article that prevents the operator from keeping one (1) hand on the handle
bars.
(2) A bicyclist operating on
a highway or highway shoulder shall not attach either the bicycle or himself or
herself to a motor vehicle.
Section
7. Operation of Bicycles.
(1) A
bicycle shall be operated in the same manner as a motor vehicle, except that
the traffic conditions established in paragraphs (a) and (b) of this subsection
shall apply.
(a) A bicycle may be operated on
the shoulder of a highway unless prohibited by law or ordinance.
(b) If a highway lane is marked for the
exclusive use of bicycles, the operator of a bicycle shall use the lane unless:
1. Travelling at the legal speed;
2. Preparing for or executing a left
turn;
3. Passing a slower moving
vehicle;
4. Avoiding a
hazard;
5. Avoiding the door zone
of a parked vehicle; or
6.
Approaching a driveway or intersection where vehicles are permitted to turn
right from a lane to the left of the bicycle lane.
(2) Not more than two (2) bicycles
shall be operated abreast in a single highway lane unless part of the roadway
is exclusively for bicycle use. Persons riding two (2) abreast shall not impede
the normal and reasonable movement of traffic.
(3) A bicycle operated in a highway lane with
other vehicle types shall keep to the right unless:
(a) Preparing for and executing a left
turn;
(b) Passing a slower moving
vehicle;
(c) The lane is too narrow
to be considered a shared lane. A bicycle may be ridden far enough to the left
to prevent overtaking vehicles from attempting to pass in the same
lane;
(d) Approaching an
intersection or driveway where right-turn movements are permitted. A bicycle
may be ridden far enough to the left to avoid potential conflicts with right
turning vehicles;
(e) It is
necessary to avoid a hazard. A bicycle may be ridden far enough to the left to
provide a reasonable safety space to the right;
(f) The bicycle is operating on a one (1) way
street with two (2) or more marked traffic lanes. A bicyclist may keep to the
left side of the roadway subject to the conditions in paragraphs (b) through
(e) of this subsection;
(g) It is
necessary for a cyclist to use a lane other than the right lane to continue his
or her route;
(h) Preparing for and
executing a left turn; or
(i) The
bicycle is operating at or near a speed consistent with the prevailing flow of
traffic.
(4)
(a) A bicycle may be operated on a sidewalk
or a crosswalk unless prohibited by law or ordinance.
(b) A bicyclist operating on a sidewalk or
crosswalk shall have the rights and duties of a pedestrian in the same
circumstances.
(c) A bicyclist
using a sidewalk or crosswalk shall:
1. Slow
to the speed of an ordinary walk where pedestrians are present or reasonably
expected to be present or if approaching a crosswalk, driveway, or other
crossing where a motor vehicle is expected
2. Not suddenly leave the sidewalk or
crosswalk and move into the path of another vehicle that is close enough to
constitute an immediate hazard; and
3. Yield to pedestrians using the sidewalk or
crosswalk.
(d) A
bicyclist operating on a crosswalk or sidewalk shall obey an official traffic
control device applicable to a pedestrian unless otherwise directed by a police
officer or other officially designated person.
(e) A bicyclist operating on a crosswalk or
sidewalk shall yield the right of way to a vehicle if crossing the road at a
point other than within a marked crosswalk or within an unmarked crosswalk at
an intersection.
(5) A
bicyclist operating on a highway or highway shoulder may proceed after stopping
and if safe against a red light if a traffic signal fails to detect the
bicycle.
Section 8.
Bicycle Parking.
(1) Unless prohibited, a
bicycle may be parked on a sidewalk if it does not impede the movement of
pedestrians or traffic.
(2) A
bicycle may be parked in the roadway at an angle to the curb or edge of the
roadway at a location where bicycle parking is allowed.
(3) A bicycle shall not be parked or stopped
as established for a vehicle in
KRS
189.450(5)(b) through
(j).
(4) A bicycle may be parked on the roadway
abreast of another bicycle or bicycles near the side of a roadway where parking
of vehicles is allowed.
STATUTORY AUTHORITY:
KRS
189.287