Bicycle law is the parts of
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
that apply to the riding of
bicycle
A bicycle, also called a pedal cycle, bike or cycle, is a human-powered or motor-powered assisted, pedal-driven, single-track vehicle, having two wheels attached to a frame, one behind the other. A is called a cyclist, or bicyclist.
Bic ...
s.
Bicycle law varies from country to country, but in general, cyclists' right to the road has been enshrined in
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
since 1968, with the accession of the
Vienna Convention on Road Traffic
The Convention on Road Traffic, commonly known as the Vienna Convention on Road Traffic, is an international treaty designed to facilitate international road traffic and to increase road safety by establishing standard traffic rules among the co ...
. Under that treaty, bicycles have the legal status of vehicles, and cyclists enjoy the legal status of vehicle operators. There are over 150 contracting parties to the treaty, including the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
,
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
, the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
,
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, almost all of
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
,
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
,
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
,
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
, and
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
. In countries that are contracting parties, the treaty has the force of law, and its provisions have been incorporated into national law.
The position of British cyclists was first established by the
Local Government Act
Local Government Act (with its variations) is a stock short title used for legislation in Australia, Malaysia, New Zealand, Ireland and the United Kingdom, relating to local government.
The Bill for an Act with this short title may have been known ...
in August, 1888. It removed the right of local councils to treat cyclists among the "nuisances" it could ban and defined them as "carriages"."
National
Australia
Cyclists in every state in Australia are required to follow normal road rules, including using traffic lights correctly and observing give way and stop signs while riding on the road. Cyclists in every state must also wear helmets while in motion. All cyclists must only use the left hand lane, except in Queensland. All states require only one passenger per bicycle unless the bicycle is designed otherwise. They are required to use a bike light when riding at night in Western Australia, Tasmania, Northern Territory, South Australia and Queensland.
Bike users in Western Australia and Tasmania must use both hand signals, while in Victoria, Queensland and Northern Territory cyclists must signal when turning right but it is not compulsory when turning left. New South Wales cyclists over 18 must carry personal identification. Cyclist must have at least one hand on handle bars in Western Australia, Northern Territory and Queensland.
Cyclist may ride on standard footpaths in Western Australia, Northern Territory, South Australia and Australian Capital Territory. In Victoria and New South Wales cyclists can only ride on a footpath if they're under the age of 12 or supervising a child under 12, or have a disability which restrains them from being able to ride on the road. In Queensland cyclists can ride on any path as long as there isn’t a sign stating otherwise. Cyclists may ride in pairs in South Australia and the two rows must be no more than 1.5 meters apart in Western Australia and Queensland. Cyclists must ride single file in Northern Territory and Australian Capital Territory unless overtaking. Cyclists across Australia must follow the same rules as motor vehicle drivers in regards to using mobile phones and consuming alcohol.
United States
Although bicycle law is a relatively new specialty within the law, first appearing in the late 1980s, its roots date back to the 1880s and 1890s, when
cyclist
Cycling, also, when on a two-wheeled bicycle, called bicycling or biking, is the use of cycles for transport, recreation, exercise or sport. People engaged in cycling are referred to as "cyclists", "bicyclists", or "bikers". Apart from two ...
s were using the courts to assert a legal right to use the roads. In 1895,
George B. Clementson, an
American
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
attorney, wrote ''
The Road Rights and Liabilities of Wheelmen
''The Road Rights and Liabilities of Wheelmen'' written by George B. Clementson at the height of the bicycle's golden age, in 1895, was the first treatise on bicycle law. In the 1880s and 1890s, the prevailing legal issue cyclists
Cyclin ...
'', the first book on bicycle law, in which he discussed the seminal cases of the 1880s and 1890s, which were financed by
Albert Pope
Albert Augustus Pope (May 20, 1843 – August 10, 1909) was a Brevet Lieutenant-Colonel in the Union Army. He was an importer, promoter, and manufacturer of bicycles, and a manufacturer of automobiles.
Early life
Pope was born on May 20, 184 ...
of
Columbia Bicycles
Columbia may refer to:
* Columbia (personification), the historical female national personification of the United States, and a poetic name for America
Places North America Natural features
* Columbia Plateau, a geologic and geographic region in ...
, and through which cyclists gained the right to the road.
[ Mionske, Bob, ]Bicycling & the Law
Robert ("Bob") Charles Mionske (born August 26, 1962) is a two-time U.S. Olympic racing cyclist (1988 and 1992) and U.S. National Champion (1990). In the 1988 Summer Olympics, held in Seoul, South Korea, he placed fourth in the Individual Road ...
345 (VeloPress 2007)
By the mid-1980s, a substantial body of law pertaining to bicycles had developed, and a few attorneys in the United States had begun specializing in bicycle law. Today, attorneys specializing in bicycle law represent professional
athletes
An athlete (also sportsman or sportswoman) is a person who competes in one or more sports that involve physical strength, speed, or endurance.
Athletes may be professionals or amateurs. Most professional athletes have particularly well-develo ...
, as well as average cyclists, on issues ranging from professional
contracts
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
, to traffic accidents, to traffic tickets. In addition, attorneys specializing in bicycle law may advise cyclists on other legal issues, such as bicycle
theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...
,
insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...
, harassment of cyclists, defective products law, and non-professional contractual issues.
See also
*
Outline of cycling
:''This article is an outline about the activity of cycling. For an outline about bicycles themselves, see outline of bicycles.''
:The following ''outline'' is provided as an overview of, as well as a topical guide to cycling:
Cycling, al ...
*
Bicycle helmet laws
Some countries and lower jurisdictions have enacted laws or regulations which require cyclists to wear a Bicycle helmet, helmet in certain circumstances, typically when riding on the road or a road-related area (such as a bicycle lane or path). ...
*
Electric bicycle laws Many countries have enacted electric vehicle laws to regulate the use of electric bicycles. Countries such as the United States and Canada have federal regulations governing the safety requirements and standards of manufacture. Other countries like ...
*
Transport law
Transport law (or transportation law) is the area of law dealing with transport. The laws can apply very broadly at a transport system level or more narrowly to transport things or activities within that system such as vehicles, things and behavi ...
References
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