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Regular Session, 2010
HOUSE BILL NO. 1137
BY REPRESENTATIVES WILLIAMS, DIXON, GISCLAIR, GUINN, NORTON, AND
ST. GERMAIN
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(A), and 300.2, and R.S. 48:21(B), 163.1(A), (B), (D), (E), (F),(G), and (H), to3
enact R.S. 32:1(95) through (100), 197(D) and (E), 202, and 300.8, and R.S.4
48:1(29) and to repeal R.S. 32:197(C) and R.S. 48:163.1(C) , relative to bicycles; to5
revise provisions relative to bicyclists and traffic; to provide for definitions; to6
provide for construction of bicycle facilities; and 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 ENGROSSED
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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, bicyclists, 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(A), 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 ENGROSSED
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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 electric 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 ENGROSSED
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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
(4) Pulling from curb or side of highway--same as for left turn. 18
B. A bicyclist is not required to continuously give the signals required by19
Subsection A of this Section if the hand or arm is needed to control the bicycle.20
* * *21
§197. Riding on roadways and bicycle paths22
A. Every person operating a bicycle upon a roadway shall ride as near to the23
right side of the roadway as practicable, exercising due care when passing a standing24
vehicle or one proceeding in the same direction., except under any of the following25
circumstances:26
(1) When overtaking and passing another bicycle or vehicle proceeding in27
the same direction.28 HLS 10RS-1657 ENGROSSED
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(2) When preparing for a left turn at an intersection or into a private road or1
driveway.2
(3) When reasonably necessary to avoid fixed or moving objects, vehicles,3
bicycles, pedestrians, animals, surface hazards, or substandard width lane or any4
other conditions that make it unsafe to continue along the right-hand curb or edge of5
the roadway. For purposes of this Paragraph, a "substandard width lane" is a lane6
that is too narrow for a bicycle and a vehicle to travel safety side by side within the7
lane.8
(4) When approaching a place where a right turn is authorized.9
* * *10
D. Persons riding bicycles shall be allowed to operate on the shoulder of a11
roadway.12
E. Any person operating a bicycle upon a roadway or a highway, where there13
are two or more marked traffic lanes and traffic travels in only one direction, may14
ride as near the left-hand curb or edge of that roadway as practicable.15
* * *16
§202. Motor vehicles operating in bicycle lanes17
A. No person shall operate a motor vehicle in a bicycle lane except as18
follows:19
(1) To prepare for a turn within a distance of two hundred feet from the20
intersection.21
(2) To enter or leave the roadway onto an alley, private road, or driveway.22
(3) To enter or leave a parking space when parking is permitted adjacent to23
the bicycle lane.24
B. Any person operating a motor vehicle upon a bicycle lane in accordance25
with Subsection A of this Section shall yield the right-of-way to all bicycles and26
electric mobility aide within the bicycle lane.27
C. This Section shall not prohibit the use of a motorized bicycle in a bicycle28
lane when the operator travels at no speed greater than what is reasonable or prudent,29 HLS 10RS-1657 ENGROSSED
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has due regard for visibility, traffic conditions, and the condition of the roadway1
surface of the bicycle lane and in a manner which does not endanger the safety of2
bicyclists.3
D. In case of an emergency, the driver of a motor vehicle may lawfully4
operate the vehicle in a bicycle lane in accordance with the normal standards of5
prudent conduct to protect himself and others from harm. When the emergency6
ends, the motor vehicle shall not be operated in the bicycle lane.7
* * *8
§296. Stopping, parking, or standing upon the highway shoulder; driving upon the9
highway shoulder10
A. No person shall stop, park, or leave standing any unattended vehicle on11
any state highway shoulder, unless such stopping, parking, or standing is made12
necessary by an emergency, except:13
(1) In those areas designated as parking areas by the Department of14
Transportation and Development, or15
(2) By any public utility personnel or public utility equipment engaged in the16
operation of the utility business, public vehicles owned by public bodies which are17
engaged in the conduct of official business, or privately-owned privately owned18
vehicles which are engaged in services authorized by the local governing authority.19
(3) Persons riding bicycles shall be allowed to operate on the shoulder of a20
roadway.21
* * *22
§300.2. Electric personal assistive mobility devices; operation; exceptions23
A. Electric personal assistive mobility devices shall be authorized to operate24
on sidewalks, bicycle paths, and highways with posted speed limits of thirty-five25
twenty-five miles per hour or less, except that any parish or municipal governing26
authority may limit or prohibit the operation of such devices on any sidewalk,27
bicycle path, or highway under its jurisdiction if such a prohibition or regulation is28
necessary and in the interest of safety.29 HLS 10RS-1657 ENGROSSED
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B. For purposes of this Section, the term "electric personal assistive mobility1
device" shall mean a self-balancing two-, non-tandem wheeled device designed to2
transport only one person at a time, with an electric propulsion system which limits3
the maximum speed of the device to not more than fifteen twenty miles per hour. An4
electric personal assistive mobility device shall not be considered a motor scooter,5
an electric scooter, a vehicle, or a motor vehicle.6
* * *7
§300.8. Improper opening or leaving open of vehicle door8
A. No person shall open any door of a motor vehicle located on a highway9
without first taking due precaution to ensure that his act will not interfere with the10
movement of traffic or endanger any other person or vehicle.11
B. No person shall leave open any door of a motor vehicle located on a12
highway for a period of time longer than necessary to load or unload passengers.13
Section 3. R.S. 48:21(B), 163.1(A), (B), (D), (E), (F), (G), and (H) are hereby14
amended and reenacted and R.S. 48:1(29) is hereby enacted to read as follows:15
§1. Terms defined16
For purposes of this Chapter, the following terms have the meanings ascribed17
to them by this Section, except where the context clearly indicates otherwise:18
* * *19
(29) "Bicycle facility" means any physical facility provided for the exclusive20
or semi-exclusive use of bicycles. This includes but is not limited to unmarked21
shared roadways, marked shared roadways, bicycle lanes, shared use trails, and end22
of trip facilities.23
* * *24
§21. Functions25
* * *26
B. The department may construct and maintain within the right of way right-27
of-way of any state highway or section thereof bicycle paths facilities appropriate to28
the context of the roadway. Before the construction of any such facilities the29 HLS 10RS-1657 ENGROSSED
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department must find and declare that the construction thereof is necessary in the1
public interest and will contribute to the safety of bicyclists and the motoring public.2
If such facilities are not included, the department shall demonstrate that the absence3
of bicycle facilities is in the public interest.4
* * *5
§163.1. Use of highway funds for bicycle paths facilities6
A.(1) The department annually may expend a reasonable amount of the7
transportation trust fund for the establishment, construction, and maintenance of8
bicycle paths facilities. Bicycle paths facilities may be established wherever a9
highway, road, or street is being constructed, reconstructed, or relocated, or as10
separate projects, unless the department determines the following:11
(a) Facilities, such as interstates, where bicyclists and pedestrians are12
prohibited from using the roadway.13
(b) The cost of providing bicycle facilities would be excessively14
disproportionate to the need or probable use. Excessively disproportionate is defined15
as exceeding twenty percent of the cost of the project.16
(c) There is a sparsity of population which demonstrates absence of need or17
prudence, or future development is not anticipated.18
(2) Bicycle facilities shall not be constructed in conjunction with19
preservation projects if the construction of the facility requires right-of-way20
acquisition, utility relocation, or major construction. Retrofits, including but not21
limited to, narrowing lanes, restriping, and other general improvements, shall be22
included in conjunction with preservation projects.23
(3) When population levels and development demonstrates that bicycle24
facilities would fill a need and construction of the facility would require right-of-way25
acquisition, utility relocation, or major construction, the department shall work with26
a municipality or parish to identify funding for the facility as a separate project.27 HLS 10RS-1657 ENGROSSED
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(4) Maintenance of sidewalks and bicycle facilities outside the limits of the1
curb or shoulder shall be the responsibility of the municipality or parish.2
Maintenance agreements shall be required.3
B. Any municipality or parish may expend a reasonable amount of funds4
received from the parish transportation fund for the establishment, construction, and5
maintenance of bicycle paths facilities.6
* * *7
D. The amount expended by the department as permitted by this Section8
shall may never in any one fiscal year be more than at least one percent of the total9
funds appropriated to the transportation trust fund in any given fiscal year.10
E. Any municipality or parish which receives funds from the parish11
transportation fund may expend at least one percent of those funds for the12
establishment of bicycle paths facilities. However,13
* * *14
F. The department shall recommend construction standards for bicycle paths15
facilities.16
G. The department shall provide a uniform system of marking bicycle paths17
facilities, such system to be used on all paths under the jurisdiction of the department18
and municipalities and parishes.19
H. The department and municipalities and parishes shall restrict the use of20
bicycle paths facilities under their respective jurisdictions to pedestrians and21
nonmotorized vehicles.22
Section 4. R.S. 32:197(C) and R.S. 48:163.1 (C) are hereby repealed in their entirety.23
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. HLS 10RS-1657 ENGROSSED
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are additions.
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.
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 riding, 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 prohibits persons from opening motor vehicle 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.
Present law allows for limited transportation trust fund dollars to be used on bicycle paths.
Proposed law allows for transportation trust fund dollars to be use for bicycle facilities. HLS 10RS-1657 ENGROSSED
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are additions.
Present law permits DOTD to expend no more than 1% of total funds appropriated to the
transportation trust fund in any given fiscal year on bicycle paths.
Proposed law permits, but does not require, DOTD to expend at least 1% of total funds
appropriated to the transportation trust fund in any given fiscal year on bicycle facilities.
Present law permits any municipality or parish which receives funds from the parish
transportation fund to expend a limited amount of those funds for the establishment of
bicycle paths.
Proposed law permits any municipality or parish which receives funds from the parish
transportation fund to expend a limited amount of those funds for the establishment of
bicycle facilities rather than paths.
(Amends R.S. 17:270(A), R.S. 32:1(48) and (65), 76.1(B), 106, 197(A), 296(A) and 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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Made technical amendments.
2. Restored permissive language about the use of transportation dollars for
construction of bicycle paths and facilities.
3. Permited, does not required, DOTD to expend at least 1% of total funds
appropriated to the transportation trust fund in any given fiscal year on bicycle
facilities.
4. Retained language in present law that permited any municipality or parish which
receives funds from the parish transportation fund to expend a limited amount
of those funds for the establishment of bicycle paths. However, changed the
phrase "bicycle path" to "bicycle facilities.