What are the rules for bicyclist? Are they the same as a car, and can they be ticketed for not following the rules?
Under New York State Law any bicycle that is operated upon any highway, private roads open to traffic (like roads in mobile home parks) and bicycle paths must follow the same rules as motor traffic. This means that bicyclist must operate on the right hand side of the roadway, must stop at all designated stop signs, and must come to a full stop, and then yield to any on coming traffic before entering the road from a driveway.
When riding on the roadway the bicycle should be ridden on the shoulder, or as close to the shoulder as possible. Additionally when riding with more than one bicyclists on the road the bicycles must be ridden single file.
Bicyclists should use the roadway or designated bicycle paths as opposed to sidewalks where people are walking. If the bicycle is riding on the sidewalk, the bicyclists must yield to persons walking.
When crossing a roadway, if the rider is crossing at the cross walk, and not using the roadway, they should walk the bike across the street, not ride through the cross walk. If the rider is using the roadway, they must follow the same rules as a car. This means they must stop for the red light, and only proceed on the green light, and when it is safe to do so.
Also remember than any operator of a bike under the age of fourteen must wear protective headgear when ever they are riding their bike. Any person operating a bicycle that has a passenger seat must have the passenger and the rider wearing protective headgear.
Any Bicyclist who does not follow the vehicle and traffic laws concerning the flow of traffic, use of turn signals, proper use of lanes, etc. may be ticketed just like a driver of a car. Generally this does not happen, however if there is an accident that involves a bicyclist and car, the insurance company will look at who violated the laws, and if it was the bicyclist, that person may be responsible for the cost of the damage, or denied a claim for injury or property damages due to their negligence. Take some time to run down the rules with your children before they start out, it’s never to early to learn the Rules of the Road.
Concerning children. First no child under the age of one year may ride on a bike, whether as a passenger or as carried in a pack fastened to the operator of the bike.
Second. Any child between the age of one year and fourteen, whether as a passenger, or as an operator, must wear protective headgear. This must be headgear specifically designed for bike use, and approved by the American National Standards Institute.
By the way. Any individual under the age of fourteen who uses in-line skates, must also wear a helmet when using the skates. Any if you are skating after dark you must also wear readily visible reflective clothing, or material which is of a light or bright color.
And lastly, the parents are responsible for enforcing these provisions. They are the persons who will receive a ticket for violation of this section, and be legally responsible for the fine.
As always this is a general answer to a question. Each individual case may have significant other factors which could lead to a different answer. It is always best to consult your own attorney about your specific questions and concerns.
If you have a question that you would like answered by Attorney Kukuvka, please send the question to her attention at : 330 E Main St., Palmyra, New York 14522 or e-mail to cklaw@verizon.net.