HLS 10RS-1657 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1137
BY REPRESENTATIVE WILLIAMS
TRAFFIC: Relative to bicycles
AN ACT1
To amend and reenact R.S. 17:270(A), R.S. 32:1(48) and (65), 76.1(B), 106, 197(A),2
296(B), 300.2, and R.S. 48:21(B), 163.1(A), (B), (E), (F),(G), and (H), to enact R.S.3
32:1(95) through (100), 197(D) and (E), 202, and 300.8, and R.S. 48:1(29), and to4
repeal R.S. 32:197(C) and R.S. 48:163.1(C) , relative to bicycles; to revise provisions5
relative to bicyclists and traffic; to provide for definitions; to provide for6
construction of bicycle facilities; to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:270(A) is hereby amended and reenacted to read as follows:9
§270. Driver education and training program for children10
A. The State Board of Elementary and Secondary Education and the state11
Department of Education, in consultation with the Department of Public Safety and12
Corrections, shall establish and operate a driver education and training program in13
each parish of this state for children who are fifteen years of age and older. The14
program shall consist of a course of not less than eight hours of actual driving15
experience and thirty hours of classroom instruction. A child who is in at least the16
ninth grade and is within ninety days of his fifteenth birthday may participate in the17
classroom instruction component of the program. The State Board of Elementary18
and Secondary Education shall provide written notice to each city, parish, and local19
school board of the requirements of this Subsection. The aims and purposes of the20 HLS 10RS-1657 ORIGINAL
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driver education and training program shall be to educate drivers to be competent1
and to develop a knowledge of those provisions of the law of this state relating to the2
operation of motor vehicles, a proper acceptance of personal responsibility in traffic,3
a true appreciation of the causes, seriousness, and consequences of traffic accidents,4
and the knowledge, attitudes, habits, and skills necessary for the safe operation of5
motor vehicles. The course shall include training on railroad and highway grade6
crossing safety and on sharing the road with motorcycles and tractor-trailer trucks7
and, pedestrians, bicyclist and transit vehicles, and at least thirty minutes of8
instruction relative to organ and tissue donation. The State Board of Elementary and9
Secondary Education and the state Department of Education shall develop the organ10
and tissue portion of the driver education and training program in conjunction with11
the federally designated organ procurement organization for the state of Louisiana.12
However, no student shall be required to take the organ and tissue donation13
instruction if his parent or tutor submits a written statement indicating that such14
instruction conflicts with the religious beliefs of the student.15
* * *16
Section 2. R.S. 32:1(48) and (65), 76.1(B), 106, 197(A), 296(B), 300.2 are hereby17
amended and reenacted and R.S. 32:1(95) through (100), 197(D) and (E), 202, and 300.818
are hereby enacted to read as follows:19
§1. Definitions20
When used in this Chapter, the following words and phrases have the21
meaning ascribed to them in this Section, unless the context clearly indicates a22
different meaning:23
* * *24
(48) "Pedestrian" means any person afoot or utilizing a mobility aid.25
* * *26
(65) "Shoulder" means the portion of the highway contiguous with the27
roadway for accommodation of stopped vehicles, for emergency use, pedestrian use,28 HLS 10RS-1657 ORIGINAL
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mobility aid use or bicyclists when other accommodations are not available, and for1
lateral support of base and surface.2
* * *3
(95) "Bicycle facility" means any physical facility provided for the exclusive4
or semi-exclusive use of bicycles. This includes but is not limited to unmarked5
shared roadways, marked shared roadways, bicycle lanes, shared use trails, and end6
of trip facilities.7
(96) "Bicycle lane" means the part of the roadway adjacent to the travel land,8
designated by striping, signing and pavement markers for the preferential or9
exclusive use by bicycles and usually elective mobility aid users.10
(97) "Bicycle parking" means any facility for the storage of bicycles to11
protect against theft and damage.12
(98) "Bicycle path or trail" means a public way separated by open space,13
grade, or other physical barrier from motor traffic, either within the highway right-14
of-way or within an independent right-of-way, that is designated for use by persons15
riding bicycles.16
(99) "Mobility aid" means a device used by individuals to ambulate17
independently and that is human or electricity powered and used in or outdoors.18
(100) "Shared use trail" means a public way separated by open space, grade,19
or other physical barrier from motor traffic, either within the highway right-of-way20
or within an independent right-of-way, that is designated for use by pedestrians,21
mobility aid users, and persons riding bicycles.22
* * *23
§76.1. Limitations on passing bicycles24
* * *25
B. The operator of a motor vehicle, when overtaking and passing a bicycle26
proceeding in the same direction on the roadway, shall exercise due care while the27
motor vehicle is passing the bicycle, and shall leave a safe distance between the28
motor vehicle and the bicycle of not less than three feet and shall maintain such29 HLS 10RS-1657 ORIGINAL
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clearance until safely past the overtaken bicycle. An operator of a motor vehicle1
may pass a bicycle traveling in the same direction in a no-passing zone only when2
it is safe to do so.3
* * *4
§106. Methods of giving hand and arm signals5
A. All signals herein required to be given by hand and arm shall be given6
from the left side of the vehicle in the following manner, and such signals shall7
indicate as follows:8
(1) Left turn--hand and arm extended horizontally, with the hand open and9
the back of the hand to the rear. 10
(2) Right turn--hand and arm extended upward at an angle of forty-five11
degrees from shoulder or elbow, with the hand open and the back of the hand to the12
rear. A bicyclist may also extend the right hand and arm horizontally with the hand13
open and back of the hand to the rear.14
(3) Stop or decrease speed--start--hand and arm extended downward at an15
angle of forty-five degrees from shoulder or elbow, with the hand open and the back16
of the hand to the rear.17
B. A bicyclist is not required to continuously give the signals required by18
Subsection A if the hand or arm is needed to control the bicycle.19
(4) Pulling from curb or side of highway--same as for left turn. 20
§197. Riding on roadways and bicycle paths21
A. Every person operating a bicycle upon a roadway shall ride as near to the22
right side of the roadway as practicable, exercising due care when passing a standing23
vehicle or one proceeding in the same direction., except under any of the following24
circumstances:25
(1) Persons riding bicycles shall be allowed to operate on the shoulder of a26
roadway.27
(2) When preparing for a left turn at an intersection or into a private road or28
driveway.29 HLS 10RS-1657 ORIGINAL
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(3) When reasonably necessary to avoid fixed or moving objects, vehicles,1
bicycles, pedestrians, animals, surface hazards, or substandard width lane or any2
other conditions that make it unsafe to continue along the right-hand curb or edge of3
the roadway. For purposes of this Paragraph, a "substandard width lane" is a lane4
that is too narrow for a bicycle and a vehicle to travel safety side by side within the5
lane.6
(4) When approaching a place where a right turn is authorized.7
* * *8
D. Persons riding bicycles shall be allowed to operate on the shoulder or a9
roadway.10
E. Any person operating a bicycle upon a roadway of a highway, where there11
are two or more marked traffic lanes and traffic travels in only one direction, may12
ride as near the left-hand curb or edge of that roadway as practicable.13
* * *14
§202. Motor vehicles operating in bicycle lanes15
A. No person shall operate a motor vehicle in a bicycle lane except as16
follows:17
(1) To prepare for a turn within a distance of 200 feet from the intersection.18
(2) To enter or leave the roadway onto an allen, private road, or driveway.19
(3) To enter or leave a parking space when parking is permitted adjacent to20
the bicycle lane.21
B. Any person operating a motor vehicle upon a bicycle lane in accordance22
with Subsection A shall yield the right-of-way to all bicycles and electric mobility23
aide whin the bicycle lane.24
C. This Section shall not prohibit the use of a motorized bicycle in a bicycle25
lane when the operator travels at no speed greater than what is reasonable or prudent,26
has due regard for visibility, traffic conditions, the condition of the roadway surface27
of the bicycle lane and in a manner which does not endanger the safety of bicyclists.28 HLS 10RS-1657 ORIGINAL
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D. In case of an emergency, the driver of a motor vehicle may lawfully1
operate the vehicle in a bicycle lane in accordance with the normal standards of2
prudent conduct to protect himself and others from harm. When the emergency3
ends, the motor vehicle shall not be operated in the bicycle lane.4
* * *5
§296. Stopping, parking, or standing upon the highway shoulder; driving upon the6
highway shoulder7
* * *8
B. In case of an emergency, the driver of a vehicle or bicycle may lawfully9
operate the vehicle or bicycle on any state highway shoulder in accordance with the10
normal standards of prudent conduct to protect himself and others from harm. When11
the emergency ends, the vehicle shall not be operated on the state highway shoulder.12
* * *13
§300.2. Electric personal assistive mobility devices; operation; exceptions14
A. Electric personal assistive mobility devices shall be authorized to operate15
on sidewalks, bicycle paths, and highways with posted speed limits of thirty-five16
twenty-five miles per hour or less, except that any parish or municipal governing17
authority may limit or prohibit the operation of such devices on any sidewalk,18
bicycle path or highway under its jurisdiction if such a prohibition or regulation is19
necessary and in the interest of safety.20
B. For purposes of this Section, the term "electric personal assistive mobility21
device" shall mean a self-balancing two-, non-tandem wheeled device designed to22
transport only one person at a time, with an electric propulsion system which limits23
the maximum speed of the device to not more than fifteen twenty miles per hour. An24
electric personal assistive mobility device shall not be considered a motor scooter,25
an electric scooter, a vehicle, or a motor vehicle.26
* * *27
§300.8. Improper opening or leaving open of vehicle door28 HLS 10RS-1657 ORIGINAL
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A. No person shall open any door of a motor vehicle located on a highway1
without first taking due precaution to ensure that his act will not interfere with the2
movement of traffic or endanger any other person or vehicle.3
B. No person shall leave open any door of a motor vehicle located on a4
highway for a period of time longer than necessary to load or unload passengers.5
Section 3. R.S. 48:21(B), 163.1(A), (B), (D), (E), (F),(G), and (H) are hereby6
amended and reenacted and R.S. 48:1(29) is hereby enacted to read as follows:7
§1. Terms defined8
For purposes of this Chapter, the following terms have the meanings ascribed9
to them by this Section, except where the context clearly indicates otherwise:10
* * *11
(29) "Bicycle facility" means any physical facility provided for the exclusive12
or semi-exclusive use of bicycles. This includes but is not limited to unmarked13
shared roadways, marked shared roadways, bicycle lanes, shared use trails, and end14
of trip facilities.15
* * *16
§21. Functions17
* * *18
B. The department may shall construct and maintain within the right of way19
of any state highway or section thereof bicycle paths facilities appropriate to the20
context of the roadway. Before the construction of any such facilities the department21
must find and declare that the construction thereof is necessary in the public interest22
and will contribute to the safety of bicyclists and the motoring public. If such23
facilities are not included, the department shall demonstrate that the absence of24
bicycle facilities is in the public interest.25
* * *26
§163.1. Use of highway funds for bicycle paths facilities27
A. (1) The department annually may shall expend a reasonable amount of28
the transportation trust fund for the establishment, construction, and maintenance of29 HLS 10RS-1657 ORIGINAL
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bicycle paths facilities. Bicycle paths facilities may be established wherever a1
highway, road, or street is being constructed, reconstructed, or relocated, or as2
separate projects, unless the department determines the following:3
(a) Facilities, such as interstates, where bicyclists and pedestrians are4
prohibited from using the road way.5
(b) The cost of providing bicycle facilities would be excessively6
disproportionate to the need or probable use. Excessively disproportionate is defined7
as exceeding twenty percent of the cost of the project.8
(c) There is a sparsity of population which demonstrates absence of need or9
prudence or future development is not anticipated.10
(2) Bicycle facilities shall not be constructed in conjunction with preservation11
projects if the construction of the facility requires right-of-way acquisition, utility12
relocation, or major construction. Retrofits, including but not limited to, narrowing13
lanes, restriping, and other general improvements, shall be included in conjunction14
with preservation projects.15
(3) When population levels and development demonstrates that bicycle16
facilities would fill a need and construction of the facility would require right-of-way17
acquisition, utility relocation, or major construction, the department shall work with18
a municipality or parish to identify funding for facility as a separate project.19
(4) Maintenance of sidewalks and bicycle facilities outside the limits of the20
curb or shoulder shall be the responsibility of the municipality or parish.21
Maintenance agreements shall be required.22
B. Any municipality or parish may expend a reasonable amount of funds23
received from the parish transportation fund for the establishment, construction, and24
maintenance of bicycle paths facilities.25
* * *26
D. The amount expended by the department as permitted by this Section27
shall never in any one fiscal year be more than one percent of the total funds28
appropriated to the transportation trust fund in any given fiscal year.29 HLS 10RS-1657 ORIGINAL
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E. Any municipality or parish which receives funds from the parish1
transportation fund may shall expend at least one percent of those funds for the2
establishment of bicycle paths facilities. However,3
* * *4
F. The department shall recommend construction standards for bicycle paths5
facilities.6
G. The department shall provide a uniform system of marking bicycle paths7
facilities, such system to be used on all paths under the jurisdiction of the department8
and municipalities and parishes.9
H. The department and municipalities and parishes shall restrict the use of10
bicycle paths facilities under their respective jurisdictions to pedestrians and11
nonmotorized vehicles.12
Section 4. R.S. 32:197(C) and R.S. 48:163.1 (C) are hereby repealed in their entirety.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Williams HB No. 1137
Abstract: Makes changes to laws pertaining to traffic regulations for bicyclists and traffic
and provides for construction of bicycle facilities.
Present law requires driver's education courses to cover sharing the road with motorcyclists
and tractor-trailers.
Proposed law retains present law and requires driver's education courses to also cover
sharing the road with pedestrians, bicyclists and transit vehicles.
Present law defines "pedestrian" and "shoulder".
Proposed law makes changes to definitions of "pedestrian" and "shoulder" but retains present
law.
Proposed law defines "bicycle facility", "bicycle lane", "bicycle parking", "bicycle path or
trail", "mobility aid", and "shared use trail".
Present law provides that the operator of a motor vehicle shall leave three feet between his
vehicle and a bicyclist when passing the bicyclist.
Proposed law retains present law and adds that the operator of a motor vehicle shall exercise
due care when passing a bicyclist and may pass a bicycle traveling in the same direction as
him in a no-passing zone only when safe to do so. HLS 10RS-1657 ORIGINAL
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are additions.
Present law provides for methods for giving hand and arm signals to notify other motorists
of upcoming traffic maneuvers.
Proposed law retains present law and adds additional hand and arm signals for bicyclists.
Present law provides for bicyclist riding on roadways and bicycle paths.
Proposed law retains present law and provides for exceptions.
Proposed law allows for the use of motor vehicles in bicycle lanes under certain
circumstances.
Present law allows for the stopping, parking or standing of vehicles on highway shoulders
in the case of emergencies.
Proposed law retains present law and allows for the stopping, parking or standing of
bicycles on highway shoulders in the case of emergencies.
Present law allows parishes and municipalities to prohibit operation of electric personal
assistive mobility devices.
Proposed law retains present law and adds that the prohibitions may only be enacted if it is
necessary and in the interest of safety.
Proposed law provides prohibits persons from opening motor vehicles doors without taking
due precautions.
Present law provides that the functions of DOTD include construction and maintenance of
bicycle paths.
Proposed law retains present law but provides for the construction and maintenance of
bicycle facilities rather than bicycle paths and makes construction mandatory.
Present law provides that DOTD may expend transportation trust fund dollars on bicycle
paths unless certain conditions are found.
Proposed law retains present law but requires bicycle facilities rather than bicycle paths and
changes conditions when bicycle facilities are not to be built.
(Amends R.S. 17:270(A), R.S. 32:1(48) and (65), 76.1(B), 106, 197(A), 296(B), 300.2, and
R.S. 48:21(B), 163.1(A), and (B), and (D-H); Adds R.S. 32:1(95-100), 197(D) and (E), 202,
and 300.8, and R.S. 48:1(29); Repeals R.S. 32:197(C) and R.S. 48:163.1(C))