Oklahoma Governor Brad Henry signed HB2926 Into Law on National
Bike-To-Work Day (Friday, May 19). The new law takes effect July 1,
2006.
This
powerful new law:
1.
Re-defines 'bicycle' for the purposes of the state's
vehicle code, eliminating restricting wheel sizes and
configurations.
2.
Eliminates confusing language as to where bicyclists
should ride on the road. Bicyclists are required only to ride as far
right as is "safe", not "practicable". Practicable is a word so
seldom used that it had been often misunderstood and misapplied.
"Safe" is better understood. "Safe" often means riding more to the
center or left of the travel lane; for instance, when preparing for
a left hand turn, when riding at the same speed as other traffic, to
avoid roadway hazards, to improve visibility, or when a lane is not
wide enough to be safely shared by a bicyclist and a motor vehicle
side-by- side.
3.
Eliminates the state mandate to ride on side-paths /
sidewalks if required by local ordinance. Note: Tulsa did away with
their "mandatory side-path" ordinance in the late 1990's, but
several surrounding communities still have them on their books.
4.
Eliminates the mandatory side light requirement for
bicycles. The new law repeals the requirement for bicycles ridden
after dark to have sidelights that are visible for 1000 feet
(Section 78, Chapter 411, O.S.L. 2003 (47 O.S. Supp. 2005, Section
12-705)). Headlights and taillights as well as reflectors are still
required.
5.
Establishes a minimum safe-passing distance of three
feet and sets up fines (in addition to other citations and penalties
for manslaughter, improper use of a motor vehicle, etc.) for a
motorist who injures or kills a cyclist. Oklahoma is now the third
state to have a safe-passing law and the second to back it up with
specific fines. Arizona and Utah are the other states with
safe-passing laws, with Arizona having specific fines. Advocates in
other states can now use Oklahoma's law for legal precedence to aid
them in their work.
Tulsa City Bicycle Ordinances
(The new state law will take
precedence over existing city ordinances.)
SECTION 1000. TRAFFIC CODE APPLICABLE
Every person operating a bicycle in the City of Tulsa shall be subject
to the provisions
of this title applicable to the driver of a vehicle, except as to
those provisions which by
their very nature can have no application. Any such person shall obey
the instructions
of official traffic signals, signs and other control devices
applicable to vehicles unless
otherwise directed by a police officer.
SECTION 1001. MANNER OF RIDING
A person operating a bicycle shall not ride other than upon or astride
the permanent and
regular seat attached thereto nor carry any other person upon such
bicycle other than
upon a firmly attached and regular seat thereon.
SECTION 1002. SPEED
No person shall operate a bicycle at a speed greater than is
reasonable and prudent
under the conditions then existing.
SECTION 1003. RIDING ON RIGHT SIDE
Every person operating a bicycle upon a roadway shall ride as near to
the right-hand
side of the roadway as practicable, exercising due care when passing a
standing vehicle
or one proceeding in the
same direction.
SECTION 1004. RIGHT-OF-WAY
The operator of a bicycle emerging from an alley, driveway or building
shall, upon
approaching a sidewalk or the sidewalk area extending across such
alley or driveway,
yield the right-of way to all pedestrians approaching on such sidewalk
or sidewalk area,
and upon entering the roadway shall yield the right-of-way to all
vehicles approaching
on such roadway.
SECTION 1005. HOLDING ON TO CAR
No person riding upon any bicycle shall attach the same or himself to
any car or vehicle
upon a roadway.
SECTION 1006. RIDING ABREAST
Persons operating bicycles upon a roadway shall not ride more than two
abreast, except
on paths or parts of roadways set aside for the exclusive use of
bicycles.
SECTION 1007. CARRYING PACKAGES
No person operating a bicycle shall carry any package, bundle or
article which prevents
the rider from keeping both hands upon the handlebars.
SECTION 1008. PARKING
No person shall park a bicycle in such manner as to unreasonably
obstruct pedestrian
traffic.
SECTION 1009. RESTRICTIONS OF CERTAIN VEHICULAR TRAFFIC IN
A BUSINESS DISTRICT AND CIVIC CENTER COMPLEX
A. No person shall ride a bicycle upon a sidewalk within a business
district. The
Director of Public Works is authorized to erect signs on any sidewalk
or roadway
prohibiting the riding of bicycles thereon. Whenever any person is
riding a bicycle upon
a sidewalk, such person shall yield the right-of-way to any pedestrian
and shall give an
audible signal before overtaking and passing such pedestrian.
B. No person shall travel, coast, or skate by means of any skateboard,
roller skate,
bicycle, tricycle, motorcycle, minibike, go-cart, or any vehicle or
motorized carriage,
upon:
1. The stairs and sidewalks adjacent to the Maxwell Convention Center,
including the
podium on the second level, and all structures immediately adjacent to
the stairs,
sidewalks and podium;
2. The fountains or sides thereof in the Civic Center Plaza; or
3. The pedestrian skybridge which spans West Sixth and West Seventh
Streets between
the Maxwell Convention Center and the parking structure to the south
of the
Convention Center.
C. No person shall travel, coast, or skate upon the sidewalks or
rampways in the Civic
Center Parkade by means of any skateboard, roller skate, bicycle,
tricycle or go-cart.
D. The provisions of this section shall not apply to vehicles designed
for and being
utilized by handicapped persons to travel in a safe and orderly
manner.
Ord. No. 17252
SECTION 1010. LIGHTS
Every bicycle or person operating a bicycle which is used at night
shall be equipped
with a lamp on the front which shall emit a white light, when lighted,
of sufficient size
and candlepower to be visible from a distance of at least five hundred
(500) feet to the
front and with a red reflector on the rear which shall be of
sufficient size to be visible
up to and including three hundred (300) feet to the rear when directly
in front of lawful
upper beams of head lamps on a motor vehicle.
SECTION 1011. BRAKES
Every bicycle shall be equipped with a brake which will enable the
operator to make
the braked wheel skid on a dry, level, clean pavement.
SECTION 1012. PARKING ZONES
The Director of Public Works may designate certain zones upon the
streets for parking
of only bicycles; and wherever such zones are designated, bicycles
shall be parked in
those blocks only in the
designated zones.
SECTION 1013. PENALTY
Any person violating any provision of this chapter shall be guilty of
an offense and,
upon conviction, shall be punished by a fine of not less than ONE
DOLLAR ($1.00)
nor more than TWENTY-FIVE DOLLARS ($25.00), excluding costs, fees and
assessments, or the bicycle used at the time of the violation may be
ordered by the
court to be impounded by the Police Department for a period of twenty
(20) days, or
punishment may be by both such fine and impoundment.