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Cycling safety: Laws and rights you may not know about

Summer is right around the corner, and the season marks the return of commuter cyclists on Utah roads. With some new and some experienced cyclists, as well as new cycling laws in effect this year, it can be really confusing to make heads or tails of road cycling environment. In addition, the number of commuter cyclists is on the rise nationally, and especially here in Utah. With the growth of bike lanes, trails such as the Jordan River Parkway, UTA TRAX and FrontRunner, and Salt Lake City’s Green Bike Share, bicycle commuting is more convenient and cost-effective than ever before.

May is National Bike Month, and it’s a good time to share some tips and information with Utah commuter cyclists, but we also hope that this information will make motorists more aware of the rights and laws surrounding cyclists on the road in Utah.

6 new laws were passed by the Utah state legislature during the 2013 session which will go into effect on July 1, 2013. With these new laws, there a few things cyclists should be aware of.

According to Utah law, a bicycle is defined as a wheeled vehicle propelled by human power. Under that definition, a bicycle is a non-powered wheeled vehicle. In most cases, bicycles are subject to the exact same laws as other motor vehicles, including obeying traffic signals and related traffic control devices. This also means that cyclists must ride in the direction of traffic, not against it. One may think that it is safer to ride opposite of traffic in order to see oncoming cars, but this is counterintuitive. In our experience, cyclists are much safer riding with the flow of traffic, not against it. Not only is it the law, it is much safer as well.

Where should a cyclist ride?

Cyclists may ride in the regular lane with cars, but if they are riding slower than the normal flow of traffic, they must ride as close to the right-hand edge of the roadway as is safe. Of course do not ride in the gutter or through a minefield of potholes, but ride as close to the right as is practicable.

In addition to safety concerns, there are other important exceptions to the right-hand edge rule. Do not ride strictly to the right-hand edge of the road if:

• Passing another bicycle or motor vehicle (see exception under new laws below)
• Preparing to make a left turn
• Riding straight through to the left of vehicles turning right (but to the right of motor vehicles going straight).
• If there is a bike lane or other designated path for bicycles to use instead of the main roadway

What are the new Utah cycling laws?

The definition of a bicycle was altered as part of the 2013 session in HB299, which expanded the definition of a bicycle to include tricycles and quads with wheels of 14” diameter, less than 75 lbs. in weight, and have cranks permanently affixed.

The new HB316 allows motorcyclists and bicyclists alike to go through a red light after waiting at least 90 seconds and determining that the light does not detect their presence, so long as it can be done safely. This law is called an ‘affirmative defense,’ meaning you could still be ticketed, but you would argue your case in court, and a judge could then reasonably dismiss the charge with the precedent of this law.

SB104 is the Vulnerable User Law, which increases potential penalties for drivers who act recklessly or harass ‘vulnerable users,’ i.e. bicyclists, motorcyclists, pedestrians, construction workers, or emergency workers outside their vehicles. This law should be an enhanced deterrent to motorists who sometimes abuse their driving privileges at the risk of the safety of these vulnerable users.

Of interest to Utah motorists: HB294 and HB297 give motorists the option to pass cyclists safely when there is only one traffic lane available. You may or may not know that Utah law requires motorists to leave at least 3 feet between their vehicle and cyclists when passing, no exceptions. In the case of a 1 lane road this can be difficult. These laws allow motorists to cross a double yellow line or use a center left turn lane to pass a bicyclist, provided it can be done safely without endangering any other motorist, pedestrian, or cyclist. The three foot law is still in full force and can result in charges if violated.

HB324 is something we are particularly proud of, as this legislation was first suggested by our own firm, and we assisted in getting it sponsored and passed in the legislature. This law allows a bicyclist to legally pass other traffic on the right, provided the cyclist is in the shoulder and not in a regular lane of traffic, and provided that the cyclist has reasonably determined it is safe to do so. Passing on the right is still illegal if the cyclist uses a right-hand turn lane or other traffic lane. This law enables cyclists to stay out of regular traffic as much as possible, while still promoting safe cycling.

Additional commuter cyclist resources

Click for a Utah Bicycle Commuter Resources list with links to various resources.

Additionally, cyclists should always make sure they are properly covered by insurance, in case of injury. I presented at the Utah Bike Summit on April 26^th on ‘Cycling Laws and Insurance.’ My presentation slides are available here.

For a comprehensive list and explanation of Utah bicycle laws, click here.

Photo credit: Olgierd Rudak

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D. Russell Hymas is the managing partner and an attorney at Christensen & Hymas. In addition to his successful practice representing injured cyclists, Mr. Hymas is an avid cyclist and cycling advocate in Utah.