POLICE PUBLIC MEMO

POLICE PUBLIC MEMO

From: Police Chief Name, City Name
Police Official Name, Organization Name
North Carolina Bicycle Club
Capital Cycling Club
Carolina Tarwheels Bicycle Club
North Carolina Coalition for Bicycle Driving

Subject: Clarification of existing traffic laws for drivers of bicycles and other vehicles
I. Legal Status of Bicycle Operators

All persons have an equal right to use public streets for travel. The North Carolina vehicle code assigns bicyclists all of the rights and responsibilities of drivers of vehicles operating in travel lanes on highways.

§ 20-4.01…for the purposes of this Chapter bicycles shall be deemed vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of this Chapter applicable to the driver of a vehicle…

The state vehicle code is carefully designed to minimize the likelihood of collisions between drivers of all vehicle types. As drivers of vehicles, bicyclists’ responsibilities include:

Operating on the right half of the roadway with the flow of vehicle traffic
Obeying traffic signals and signs
Looking and yielding to adjacent traffic when moving laterally on the roadway
Using proper lanes and roadway positioning at intersections according to one’s destination
Yielding to pedestrians on pedestrian facilities and where pedestrians have priority
Using proper lighting equipment at night (a white headlamp and red rear lamp or reflector are required by NC law)

Bicycle travel is allowed in travel lanes on all public roadways in North Carolina except fully controlled access highways (freeways) that feature no driveways or at-grade road crossings, and which are redundant to ordinary roads where cycling is permitted.

II. Responsibilities of Drivers Operating at Reduced Speeds

Bicycle drivers often travel slower than the maximum posted speed limit on a roadway. The North Carolina vehicle code requires drivers traveling slower than the maximum posted speed limit to operate toward the right side of the roadway as a general rule with some exceptions:

§ 20-146. Drive on right side of highway; exceptions.

(b) Upon all highways any vehicle proceeding at less than the legal maximum speed limit shall be driven in the right-hand lane then available for thru traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.

If the roadway is divided into two or more clearly marked lanes that are available for thru traffic, then slower vehicles shall be driven in the right-hand thru lane. If no lanes are marked, slower vehicles shall be driven as close as practicable to the right side of the roadway. The stay-right rule for slower vehicles is designed to improve convenience for drivers passing on the left when such passing operations are safe to perform. However, drivers of slow vehicles are not required to provide a clear path for immediate overtaking, and may operate farther to the left in the roadway under a number of conditions including but not limited to the following:

When preparing to turn left
When passing a slower vehicle
When avoiding surface hazards, obstacles, or pedestrians in the roadway
When avoiding the door zone of parked vehicles
When traveling in a lane that is too narrow to share safely side-by-side with a motor vehicle

Some travel lanes are wide enough to be shared safely side-by-side by bicyclists and automobile drivers under certain conditions. Because the bicycle operator has the most at stake in a fall or collision, the cyclist should use his or her own judgement when deciding how much of the roadway or travel lane to occupy. A bicyclist may legally use an entire travel lane when the bicyclist finds this to be necessary.

Bicycle drivers are allowed to travel side-by-side; however, Town of Cary Ordinance 12-179 prohibits cycling more than two abreast on roadways:

Sec. 12-179. Riding abreast on roadways.

Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles or unless participating in a town sponsored or sanctioned biking event.

Bicyclists are exempt from minimum speed restrictions in NC Statute § 20-141 (h):

§ 20-141 (h) No person shall operate a motor vehicle on the highway at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law; provided, this provision shall not apply to farm tractors and other motor vehicles operating at reasonable speeds for the type and nature of such vehicles.

§ 20-141 (h) only applies to motor vehicles and clearly exempts those vehicles that have limited operating speeds due to their design and use.

III. Bicyclist Support for Lawful Bicycle Driving

Numerous studies of bicycling safety show that bicyclists who behave as drivers of street vehicles and follow the principles and rules of the road that apply to drivers of vehicles enjoy travel that is safer than those who do not. This approach to bicycle driving, known as "vehicular cycling," is the basis of the most successful education programs for cyclists (such as the League of American Bicyclists Bike Ed program) and complies with the traffic laws in every state. Lawful "vehicular" bicycle drivers also report greater convenience and comfort when negotiating traffic on roads that serve important destinations.

IV. Responsibilities of Drivers Wishing to Overtake

The North Carolina vehicle code requires drivers wishing to overtake slower traffic to pass only when it is safe to do so and to pass at safe distance. If traffic conditions or sight lines do not allow safe passing, drivers who wish to overtake must wait until such conditions change.

§ 20-149. Overtaking a vehicle.

(a)The driver of any such vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet to the left thereof, and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle.

§ 20-150. Limitations on privilege of overtaking and passing.

(a) The driver of a vehicle shall not drive to the left side of the center of a highway, in overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety.

(b) The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction upon the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed within a distance of 500 feet.
V. Responsibility of Drivers to Limit Their Speed

Drivers of all vehicles must travel no faster than sight distances and roadway surfaces will allow for them to slow or stop in time to avoid colliding with other traffic traveling slowly or stopped in the roadway ahead. All drivers shall operate responsibly and respect the rights and safety of other road users.

§ 20-141. Speed restrictions.

(a) No person shall drive a vehicle on a highway or in a public vehicular area at a speed greater than is reasonable and prudent under the conditions then existing.

(m) The fact that the speed of a vehicle is lower than the foregoing limits shall not relieve the operator of a vehicle from the duty to decrease speed as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway, and to avoid injury to any person or property.

§ 20-140. Reckless driving.

(a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving. (b) Any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.
VI. Courtesy

All highway users, including drivers and pedestrians, should operate predictably while courteously sharing the highway with other users. Drivers must not pass other users unless conditions allow the maneuver to be performed safely and legally. Drivers must avoid passing other users too closely, especially at high relative speeds. Drivers should attempt to avoid startling other users when sounding their horn.