Bill Text: NJ S3203 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits bicycle riding on sidewalks with limited exceptions; requires bicycle operator yield to pedestrian.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-11-26 - Introduced in the Senate, Referred to Senate Transportation Committee [S3203 Detail]
Download: New_Jersey-2018-S3203-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Prohibits bicycle riding on sidewalks with limited exceptions; requires bicycle operator yield to pedestrian.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bicycles and amending R.S.39:4-11 and P.L.1951, c.23.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:4-11 is amended to read as follows:
39:4-11. No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least [one hundred] 100 feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
Before overtaking or passing a pedestrian, a person operating a bicycle shall ring the bell or otherwise audibly signal within a reasonable distance of the pedestrian.
(cf: P.L.1951, c.23, s.12)
2. Section 16 of P.L.1951, c.23 (C.39:4-14.1) shall be amended to read as follows:
16. a. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by chapter [four] 4 of Title 39 of the Revised Statutes and all supplements thereto except as to those provisions thereof which by their nature can have no application.
Regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
b. A law enforcement officer operating a bicycle while in the performance of his duty, and who is engaged in the apprehension of violators of the law or of persons charged with, or suspected of, a violation shall not be subject to the provisions of this section.
c. A person shall not operate a bicycle on a sidewalk intended primarily for pedestrian use, except as provided pursuant to subsection b. of section 17 of P.L.1951, c.23 (C.39:4-14.2).
(cf: P.L.1999, c.283, s.1)
3. Section 17 of P.L.1951, c.23 (C.39:4-14.2) shall be amended to read as follows:
17. a. (1) [Every] A person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction; provided, however, that [any] the person may move to the left under any of the following situations:
(a) to make a left turn from a left-turn lane or pocket;
(b) to avoid debris, drains or other hazardous conditions that make it impracticable to ride at the right side of the roadway;
(c) to pass a slower moving vehicle;
(d) to occupy any available lane when traveling at the same speed as other traffic;
(e) to travel no more than two abreast when traffic is not impeded.
(2) [Persons riding bicycles] A person riding a bicycle upon a roadway may travel no more than two abreast when traffic is not impeded, but otherwise shall ride in single file except on paths or parts of roadways set aside for the exclusive use of bicycles.
b. (1) A person operating a bicycle shall only be permitted to ride on a sidewalk, intended primarily for pedestrian use, if:
(a) the person operating the bicycle is 12 years of age or younger;
(b) no bicycle-only lane exists on the parallel roadway, and the municipality specifically authorizes the operation of a bicycle on a sidewalk by municipal ordinance or regulation or places a sign indicating that bicycles may be operated on the sidewalk; or
(c) the Commissioner of Transportation, pursuant to section 6 of P.L.1945, c.83 (C.27:7A-6), authorizes the use of the roadway in limited access highways to be used by bicycles.
(2) A person operating a bicycle on a sidewalk pursuant to paragraph (1) of this subsection shall yield the right of way to any pedestrian.
(cf: P.L.1983, c.257, s.1)
4. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill prohibits the operation of bicycles on sidewalks, with certain limited exceptions, and requires bicycle operators to yield the right-of-way to pedestrians.
In New Jersey, a person riding a bicycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to a driver of a vehicle. However, existing State statutory law does not explicitly prohibit or permit bicycle operation on sidewalks, or specify when or where the operation of a bicycle on sidewalks would be permissible and safe.
Under the bill, a person operating a bicycle would only be permitted to ride on a sidewalk, intended primarily for pedestrian use, if:
(1) the person operating the bicycle is 12 years of age or younger;
(2) no bicycle-only lane exists on the parallel roadway and the municipality specifically authorizes sidewalk riding by municipal ordinance or regulation, or places a sign indicating that bicycles may be operated on the sidewalk; or
(3) the Commissioner of Transportation authorizes the use of the roadway in limited access highways to be used by bicycles.
Additionally, a person operating a bicycle on a sidewalk would be required to yield the right of way to any pedestrian and ring a bell or otherwise audibly signal within a reasonable distance before overtaking or passing the pedestrian.
The National Conference of State Legislatures finds that most states with laws related to bicycle riding typically allow a local jurisdiction to ban or limit bicycle riding on sidewalks. According to the League of American Bicyclists, eight states specifically prohibit bicycles on sidewalks, 21 states require a bicyclist to yield to a pedestrian while riding on a sidewalk, and 18 states require a bicyclist to give an audible signal before passing a pedestrian while riding on a sidewalk.
