Your Rights and Responsibilities As a Cyclist
Bicycles have the same rights and responsibilities as a motor vehicle driver under Pennsylvania law. The relevant Pennsylvania statute is 75 Pa.C.S. § 3501. It states:
The provisions of this part applicable to bicycles shall apply to persons riding footcycles or special vehicles, except that a person propelling a footcycle or special vehicle upon and along a roadway shall be granted all of the rights and be subject to all of the duties applicable to the operator of a bicycle by this part.
An important exception exists, however. Whenever a wheel tax or road maintenance levy or similar assessment for the maintenance or construction of a road has been imposed and collected by a municipality in the district through which the road passes, the person riding a footborne or nonmotorized vehicle may not use the roadways unless following all of the requirements of § 3505.
Thus, if you live in a town that has a wheel tax of whatever name, if you are riding your bicycle on a road, and if you are stopped by the police for any reason , be sure to ask the officer to produce the ordinance that imposes the wheel tax, and gives them the authority to pull you over on the road. This is a very specific point that you need to understand.
A violation of all or part of a statute that is classified as a summary offense generally results in a fine of $25.00 plus court costs. In many instances, the charges can simply be dropped by the officer so that you do not have to incur the inconvenience of dealing with a summary citation, which will be on your criminal record forever.
A number of bicycle law issues have been litigated in Pennsylvania. Individual municipalities have enacted their own bicycle laws, which must be construed together with the Pennsylvania Vehicle code. As a matter of practice, you need to understand that a police officer does not know or understand all of the nuances of the law. They are humans, and all humans have their own points of view. So before taking any action, you need to understand exactly what you are required to do under the law before taking to the roads in Pennsylvania.
Bicycle Helmets in Pennsylvania
All cyclists are encouraged to wear helmets while riding. Of course, helmet use by cyclists is especially important since they could help to reduce head injuries during a crash or when the cyclist falls. The law in Pennsylvania reflects these facts by requiring the use of helmets for certain people on the road. Any person riding a bicycle under the age of 12 must wear a helmet at all times while riding a bicycle outdoors. Everyone else is highly recommended to wear one but not required. Notably, the term "person" includes both operator of the bicycle and any passenger, if the passenger rides with the operator. There are some exceptions to the helmet requirement for children. Kids can ride without a helmet if they are:
The provisions in this area do not apply to government employees and law enforcement officers riding in the perform of their official duties. A violation of the requirement can result in a fine of $10. Some warn that helmets can actually pose a threat to child cyclists, so Governor Wolf once vetoed legislation that would have made it a crime to not wear a helmet while bicycling. The legislation, House Bill 2150, was introduced by Rep. Jason Ortitay, R-149. Proponents of the bill claimed that the helmet requirement was confusing and ambiguous. The bill would have removed the existing requirement, which mandates the use of helmets for child cyclists under the age of 12. Governor Wolf responded to the proposed legislation and veto in a letter, saying the law should be left as is and that making it a crime was an overreaction. He also stated that the law did not even provide exemptions for a child who was already disabled or injured. Still, many believe that the law should be amended to remove the requirement altogether. While there are many proponents for and against the helmet law, if you are a minor under the age of 12 years, it is a criminal offense to ride without helmet. As a minor, the police are not going to imprison you with criminal charges for riding without a helmet, though. Rather, you will have to pay a fine of $10 if you do not have a proper helmet on while riding.
Pennsylvania Bike Equipment Laws
Pennsylvania law requires that bicycles must be equipped with brakes that will enable the operator to make the braked wheels skid on dry, level, clean pavement. It is also required that bicycles be equipped with a bell or some other device capable of giving a signal audible from a distance of at least 100 feet. This is not required for bicycles that are equipped with a horn which conforms to the requirements for motor vehicles. At night, every bicycle operated on roadways within the Commonwealth must be equipped with a front white light visible at least 500 feet. The law does not state what color the rear light must be but it must be visible for "a distance of at least 300 feet to the rear". In practice the rear lights must be red or orange. Each bicycle must also display a red reflector which must be visible for 600 feet when illuminated by the headlights of a motor vehicle. The law requires that commercial bicycles (for example, delivery bicycles) be equipped with at least one headlight mounted and maintained in working order so as to illuminate their path of travel. The law states that bicycles may be operated with one hand, unless such operation is prohibited by local ordinance or as prescribed by the secretary in an official notice. Local ordinances prescribing limited left hand specifications must be posted and the posting must be inspected by an officer of the department with an option of being inspected by a qualified state licensed engineer or another qualified person designated by the local governing body.
Bicyclists on the Roads and Sidewalks
Authorities are in agreement that, in general, a bicyclist may not ride a bike on the sidewalk unless they are under 12 years of age. Although the Pennsylvania Department of Transportation ("PennDOT") and the Philadelphia Parking Authority may regulate bicycles, the regulations do not contain specific regulations regarding riding on sidewalks. Therefore, it is left up to municipalities to regulate usage of sidewalks.
Cities have varying ordinances. For example, Philadelphia prohibits riding a bicycle on sidewalks in an area designated by ordinance as a "Pedestrian Mall area," "Public Transit Zone," "Commercial Zone," "Park Zone," "Neighborhood Activity Center," or similar area. Further, within the area such prohibitions are posted at entrances to the zones. Under its ordinance, the following areas are identified: Broad Street (north and south of John F. Kennedy Boulevard); Market Street (west of 8th Street and east of 15th Street); Sansom Street (east of 7th Street and west of 12th Street); Chestnut Street (east of 9th Street and west of 15th Street); and South Street (east of 15th Street and west of 21st Street). See Philadelphia Code § 12-805(3) (2010).
PennDOT does specify that bicycles may not be ridden on sidewalks within a business district, which would include more than just the areas referenced in the City’s ordinance. See 67 Pa. Code § 441.3(a)(3) (2010).
In areas other than streets designated as "highways," a cyclist generally has a right to ride on a sidewalk, unless prohibited by ordinance of the local municipality or by administrative regulation such as those put forth by PennDOT or the PPA.
Cycling & Traffic with Cars
Because our roads in Pennsylvania are not dedicated solely to bicycles, cyclists will inevitably interact with automobiles and as such should be familiar with how to share the road with motor vehicles. As noted in Section on lane usage above, bicycles are required to keep as far right as is practicable unless you are passing another vehicle, stopped traffic, avoiding an obstruction, or turning left, whereas motor vehicles are generally required to stay within the lane with which they are traveling. Thus, unless one of the exceptions in 75 Pa.C.S. §3305 applies, as a cyclist you should generally move over to the right side of the lane and then proceed to ride as close to the curb or edge of the roadway within that lane as is practicable given road conditions.
Assuming a cyclist is following PA law , if a motorist attempts to pass the cyclist the motorist must give the cyclist at least four feet of clearance from the motor vehicle as the motor vehicle passes the cyclist.
If, while riding your bike, you encounter traffic and want to pass the motor vehicles on your left, you are required to allow the driver of such motor vehicle time to change lanes and do the same by doing three things—(1) signal that you want to pass left by holding your left arm straight out to your side for more than three seconds; (2) as noted above, give the motor vehicles to your left at least four feet of clearance via the maneuver noted above in Section lane usage; and (3) check over your shoulder to see if it is safe to move to the left (doing so again requires that you hold your left hand straight out for more than three seconds).
The primary rules here are to signal your intent to move to your left and to stay as far right within the lane as practicable before passing.
Bike Paths and Trail Laws
Section 3568. Bicycle Paths and Bicycle Trails
(a) Restrictions. – A person may not ride a bicycle on a bicycle path or bicycle trail unless the path or trail has been designated and marked for use by bicycles.
(b) Notice. – Before placing signs marking a path or trail as a bicycle path or bicycle trail, the department or a local authority, as the case may be, shall notify in writing the owners of property adjoining the path or trail of the department’s or local authority’s intent to so designate and mark the path or trail. After notifying the property owners, the department or local authority, as the case may be, shall erect and maintain appropriate signs indicating that the path or trail is a bicycle path or bicycle trail. Owners of property adjoining the bicycle path or bicycle trail notified under this subsection may be subject to a partial taking of their properties.
(c) Penal Provisions. – A person who violates this section commits a summary offense.
Punishments for Breaking Bicycle Laws
The penalties associated with traffic violations can often be confusing, but they are no less crucial to follow. If a cyclist breaks the law even in small ways, it can open the door to a variety of penalties.
Fines If the violation is a traffic citation or a non-moving violation, you may be subject to a fine. These fines are typically assessed based on a predetermined schedule according to the violation. The more serious the violation, the higher the potential fine.
Points Pennsylvania maintains a system of points that applies to all traffic violations. Each moving violation is assigned a points value. The points are placed on your driving record by the Pennsylvania Department of Transportation (PennDOT) and are used to determine whether your license should be suspended. For example, if you are caught violating a stop sign, you could receive a two-point penalty. When the total number of points allotted to your license reaches six, you have to pay a fine as a penalty. This will become increasingly costly each time you reach the maximum number of points—however, the cost of these fines is typically not extreme. When the total number of points allotted to your license reaches 11, you will receive an automatic suspension of your operating privileges.
Other Penalties In some cases, you may be subject to harsher penalties for violating the law. In certain situations, you could be ordered to attend traffic school or lose your driving privileges entirely. Repeat offenders may also be found ineligible to obtain a license or vehicle registration. Even if you are not ultimately found guilty of the citation, you will likely have to appear before a district judge to contest the citation. You may also be ordered to pay court costs, including the cost of the hearing.
If you are issued a citation but you believe it was issued in error, you may want to consider visiting the website of the Pennsylvania Department of Transportation (PDOT). They have a tool that allows you to view and/or dispute your ticket, giving you additional options for getting it dismissed in an efficient manner.
Safe Riding Practices for PA Cyclists
Along with being knowledgeable about the laws that apply to cycling in Pennsylvania, it is important for cyclists to understand important safety considerations that will help keep them safe. While the law requires that cyclists follow the same rules of the road as motor vehicles, cyclists should keep the following tips in mind in order to avoid dangerous situations. Always wear a helmet and stay off of highways that prohibit bicycles. Pennsylvania law requires all riders under the age of 12 to wear a helmet while riding. However, all riders – including those who are older than 12 – should wear helmets. This will help protect you from serious injury if you fall off your bike, get hit by a car, and otherwise get into some type of accident. It is also important to stay off highways whenever possible, especially when you are riding one of the state’s high-traffic interstates. Bicycle riders are never permitted on these roads in Pennsylvania . While this can add time to a ride, riding on highways that aren’t meant for bicycle travel is dangerous and could lead to a serious accident or fatality – which is why the state prohibits cyclists from doing so. Make yourself visible. Always make sure that you are clearly visible to other drivers when you are riding. This is of even greater importance at night and in inclement weather. Also, avoid wearing dark clothing and gear that does not reflect light. Cyclists should have lights mounted at the front and rear of their bicycles so that motorists can see them. Obey all road signs. Just like motor vehicles, bicycles must stop at red lights, stop signs, and obey other traffic controls. Bicyclists should do this for two reasons. First, because it is the law and a safe practice. Second, because people who do not obey traffic signals and road signs are more likely to get into dangerous accidents that could be extremely harmful to them and others.