HLS 10RS-1657 REENGROSSED
Page 1 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1137
BY REPRESENTATIVES WILLIAMS, AUSTIN BADON, BARROW, BURRELL,
CARMODY, DIXON, GISCLAIR, GUINN, HINES, ROSALIND JONES,
LAFONTA, NORTON, RICHMOND, SIMON, ST. GERMAIN, STIAES, AND
WADDELL
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)(introductory3
paragraph), (F), (G), and (H), to enact R.S. 32:1(95) through (100), 197(D) and (E),4
202, and 300.8, and R.S. 48:1 (24), and to repeal R.S. 32:197(C) and 283 and R.S.5
48:163.1(C) , relative to bicycles; to revise provisions relative to bicyclists and6
traffic; to provide for definitions; to provide for construction of bicycle facilities; and7
to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:270(A) is hereby amended and reenacted to read as follows:10
§270. Driver education and training program for children11
A. The State Board of Elementary and Secondary Education and the state12
Department of Education, in consultation with the Department of Public Safety and13
Corrections, shall establish and operate a driver education and training program in14
each parish of this state for children who are fifteen years of age and older. The15
program shall consist of a course of not less than eight hours of actual driving16
experience and thirty hours of classroom instruction. A child who is in at least the17
ninth grade and is within ninety days of his fifteenth birthday may participate in the18
classroom instruction component of the program. The State Board of Elementary19 HLS 10RS-1657 REENGROSSED
HB NO. 1137
Page 2 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
and Secondary Education shall provide written notice to each city, parish, and local1
school board of the requirements of this Subsection. The aims and purposes of the2
driver education and training program shall be to educate drivers to be competent3
and to develop a knowledge of those provisions of the law of this state relating to the4
operation of motor vehicles, a proper acceptance of personal responsibility in traffic,5
a true appreciation of the causes, seriousness, and consequences of traffic accidents,6
and the knowledge, attitudes, habits, and skills necessary for the safe operation of7
motor vehicles. The course shall include training on railroad and highway grade8
crossing safety and on sharing the road with motorcycles and, tractor-trailer trucks9
and, pedestrians, bicyclists, and transit vehicles, and at least thirty minutes of10
instruction relative to organ and tissue donation. The State Board of Elementary and11
Secondary Education and the state Department of Education shall develop the organ12
and tissue portion of the driver education and training program in conjunction with13
the federally designated organ procurement organization for the state of Louisiana.14
However, no student shall be required to take the organ and tissue donation15
instruction if his parent or tutor submits a written statement indicating that such16
instruction conflicts with the religious beliefs of the student.17
* * *18
Section 2. R.S. 32:1(48) and (65), 76.1(B), 106, 197(A), 296(A), and 300.2 are19
hereby amended and reenacted and R.S. 32:1(95) through (100), 197(D) and (E), 202, and20
300.8 are hereby enacted to read as follows:21
§1. Definitions22
When used in this Chapter, the following words and phrases have the23
meaning meanings ascribed to them in this Section, unless the context clearly24
indicates a different meaning:25
* * *26
(48) "Pedestrian" means any person afoot or utilizing a mobility aid.27
* * *28 HLS 10RS-1657 REENGROSSED
HB NO. 1137
Page 3 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(65) "Shoulder" means the portion of the highway contiguous with the1
roadway for accommodation of stopped vehicles, for emergency use, pedestrian use,2
mobility aid use or bicyclists when other accommodations are not available, and for3
lateral support of base and surface.4
* * *5
(95) "Bicycle facility" means any physical facility provided for the exclusive6
or semi-exclusive use of bicycles. This includes but is not limited to unmarked7
shared roadways, marked shared roadways, bicycle lanes, shared use trails, and end8
of trip facilities.9
(96) "Bicycle lane" means the part of the roadway adjacent to the travel lane,10
designated by striping, signing, and pavement markers for the preferential or11
exclusive use by bicycles and usually elective mobility aid users.12
(97) "Bicycle parking" means any facility for the storage of bicycles to13
protect against theft and damage.14
(98) "Bicycle path or trail" means a public way separated by open space,15
grade, or other physical barrier from motor traffic, either within the highway right-16
of-way or within an independent right-of-way, that is designated for use by persons17
riding bicycles.18
(99) "Mobility aid" means a device used by individuals to ambulate19
independently and that is human or electric powered and used in or outdoors.20
(100) "Shared use trail" means a public way separated by open space, grade,21
or other physical barrier from motor traffic, either within the highway right-of-way22
or within an independent right-of-way, that is designated for use by pedestrians,23
mobility aid users, and persons riding bicycles.24
* * *25
§76.1. Limitations on passing bicycles26
* * *27
B. The operator of a motor vehicle, when overtaking and passing a bicycle28
proceeding in the same direction on the roadway, shall exercise due care while the29 HLS 10RS-1657 REENGROSSED
HB NO. 1137
Page 4 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
motor vehicle is passing the bicycle and shall leave a safe distance between the1
motor vehicle and the bicycle of not less than three feet and shall maintain such2
clearance until safely past the overtaken bicycle. An operator of a motor vehicle3
may pass a bicycle traveling in the same direction in a no-passing zone only when4
it is safe to do so.5
* * *6
§106. Methods of giving hand and arm signals7
A. All signals herein required to be given by hand and arm shall be given8
from the left side of the vehicle in the following manner, and such signals shall9
indicate as follows:10
(1) Left turn--hand and arm extended horizontally, with the hand open and11
the back of the hand to the rear. 12
(2) Right turn--hand and arm extended upward at an angle of forty-five13
degrees from shoulder or elbow, with the hand open and the back of the hand to the14
rear. A bicyclist may also extend the right hand and arm horizontally with the hand15
open and back of the hand to the rear.16
(3) Stop or decrease speed--start--hand and arm extended downward at an17
angle of forty-five degrees from shoulder or elbow, with the hand open and the back18
of the hand to the rear.19
(4) Pulling from curb or side of highway--same as for left turn. 20
B. A bicyclist is not required to continuously give the signals required by21
Subsection A of this Section if the hand or arm is needed to control the bicycle.22
* * *23
§197. Riding on roadways and bicycle paths24
A. Every person operating a bicycle upon a roadway shall ride as near to the25
right side of the roadway as practicable, exercising due care when passing a standing26
vehicle or one proceeding in the same direction., except under any of the following27
circumstances:28 HLS 10RS-1657 REENGROSSED
HB NO. 1137
Page 5 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(1) When overtaking and passing another bicycle or vehicle proceeding in1
the same direction.2
(2) When preparing for a left turn at an intersection or into a private road or3
driveway.4
(3) When reasonably necessary to avoid fixed or moving objects, vehicles,5
bicycles, pedestrians, animals, surface hazards, or substandard width lane or any6
other conditions that make it unsafe to continue along the right-hand curb or edge of7
the roadway. For purposes of this Paragraph, a "substandard width lane" is a lane8
that is too narrow for a bicycle and a vehicle to travel safety side by side within the9
lane.10
(4) When approaching a place where a right turn is authorized.11
* * *12
D. Persons riding bicycles shall be allowed to operate on the shoulder of a13
roadway.14
E. Any person operating a bicycle upon a roadway or a highway, where there15
are two or more marked traffic lanes and traffic travels in only one direction, may16
ride as near the left-hand curb or edge of that roadway as practicable.17
* * *18
§202. Motor vehicles operating in bicycle lanes19
A. No person shall operate a motor vehicle in a bicycle lane except as20
follows:21
(1) To prepare for a turn within a distance of two hundred feet from the22
intersection.23
(2) To enter or leave the roadway onto an alley, private road, or driveway.24
(3) To enter or leave a parking space when parking is permitted adjacent to25
the bicycle lane.26
B. Any person operating a motor vehicle upon a bicycle lane in accordance27
with Subsection A of this Section shall yield the right-of-way to all bicycles and28
electric mobility aide within the bicycle lane.29 HLS 10RS-1657 REENGROSSED
HB NO. 1137
Page 6 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. This Section shall not prohibit the use of a motorized bicycle in a bicycle1
lane when the operator travels at no speed greater than what is reasonable or prudent,2
has due regard for visibility, traffic conditions, and the condition of the roadway3
surface of the bicycle lane and in a manner which does not endanger the safety of4
bicyclists.5
D. In case of an emergency, the driver of a motor vehicle may lawfully6
operate the vehicle in a bicycle lane in accordance with the normal standards of7
prudent conduct to protect himself and others from harm. When the emergency8
ends, the motor vehicle shall not be operated in the bicycle lane.9
* * *10
§296. Stopping, parking, or standing upon the highway shoulder; driving upon the11
highway shoulder12
A. No person shall stop, park, or leave standing any unattended vehicle on13
any state highway shoulder, unless such stopping, parking, or standing is made14
necessary by an emergency, except:15
(1) In those areas designated as parking areas by the Department of16
Transportation and Development, or17
(2) By any public utility personnel or public utility equipment engaged in the18
operation of the utility business, public vehicles owned by public bodies which are19
engaged in the conduct of official business, or privately-owned privately owned20
vehicles which are engaged in services authorized by the local governing authority.21
(3) Persons riding bicycles shall be allowed to operate on the shoulder of a22
roadway.23
* * *24
§300.2. Electric personal assistive mobility devices; operation; exceptions25
A. Electric personal assistive mobility devices shall be authorized to operate26
on sidewalks, bicycle paths, and highways with posted speed limits of thirty-five27
twenty-five miles per hour or less, except that any parish or municipal governing28
authority may limit or prohibit the operation of such devices on any sidewalk,29 HLS 10RS-1657 REENGROSSED
HB NO. 1137
Page 7 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
bicycle path, or highway under its jurisdiction if such a prohibition or regulation is1
necessary and in the interest of safety.2
B. For purposes of this Section, the term "electric personal assistive mobility3
device" shall mean a self-balancing two-, non-tandem wheeled device designed to4
transport only one person at a time, with an electric propulsion system which limits5
the maximum speed of the device to not more than fifteen twenty miles per hour. An6
electric personal assistive mobility device shall not be considered a motor scooter,7
an electric scooter, a vehicle, or a motor vehicle.8
* * *9
§300.8. Improper opening or leaving open of vehicle door10
A. No person shall open any door of a motor vehicle located on a highway11
without first taking due precaution to ensure that his act will not interfere with the12
movement of traffic or endanger any other person or vehicle.13
B. No person shall leave open any door of a motor vehicle located on a14
highway for a period of time longer than necessary to load or unload passengers.15
Section 3. R.S. 48:21(B), 163.1(A), (B), (D), (E)(introductory paragraph), (F), (G),16
and (H) are hereby amended and reenacted and R.S. 48:1(24) is hereby enacted to read as17
follows:18
§1. Terms defined19
For purposes of this Chapter, the following terms have the meanings ascribed20
to them by this Section, except where the context clearly indicates otherwise:21
* * *22
(24) "Bicycle facility" means any physical facility provided for the exclusive23
or semi-exclusive use of bicycles. This includes but is not limited to unmarked24
shared roadways, marked shared roadways, bicycle lanes, shared use trails, and end25
of trip facilities.26
* * *27
§21. Functions28
* * *29 HLS 10RS-1657 REENGROSSED
HB NO. 1137
Page 8 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. The department may construct and maintain within the right of way right-1
of-way of any state highway or section thereof bicycle paths facilities appropriate to2
the context of the roadway. Before the construction of any such facilities the3
department must find and declare that the construction thereof is necessary in the4
public interest and will contribute to the safety of bicyclists and the motoring public.5
If such facilities are not included in new construction projects, the department shall6
document the reasons for the exclusion.7
* * *8
§163.1. Use of highway funds for bicycle paths facilities9
A.(1) The department annually may expend a reasonable amount of the10
transportation trust fund for the establishment, construction, and maintenance of11
bicycle paths facilities. Bicycle paths facilities may be established wherever a12
highway, road, or street is being constructed, reconstructed, or relocated, or as13
separate projects, unless the department determines the following:14
(a) The roadway is one on which the presence of bicyclists and pedestrians15
is prohibited by law.16
(b) The cost of providing bicycle facilities would be excessively17
disproportionate to the need or probable use. "Excessively disproportionate" is18
defined as exceeding twenty percent of the cost of the project.19
(c) There is a sparsity of population which demonstrates absence of need or20
prudence, or future development is not anticipated.21
(2) Bicycle facilities shall not be constructed in conjunction with22
preservation projects if the construction of the facility requires right-of-way23
acquisition, utility relocation, or major construction. Retrofits, including but not24
limited to, narrowing lanes, restriping, and other general improvements, shall be25
considered in conjunction with preservation projects.26
(3) When population levels and development demonstrates that bicycle27
facilities would fill a need and construction of the facility would require right-of-way28 HLS 10RS-1657 REENGROSSED
HB NO. 1137
Page 9 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
acquisition, utility relocation, or major construction, the department shall work with1
a municipality or parish to identify funding for the facility as a separate project.2
(4) Maintenance of sidewalks and bicycle facilities outside the limits of the3
curb or shoulder shall be the responsibility of the municipality or parish.4
Maintenance agreements shall be required.5
B. Any municipality or parish may expend a reasonable amount of funds6
received from the parish transportation fund for the establishment, construction, and7
maintenance of bicycle paths facilities.8
* * *9
D. The amount expended by the department as permitted by this Section10
shall may never in any one fiscal year be more than at least one percent of the total11
funds appropriated to the transportation trust fund in any given fiscal year.12
E. Any municipality or parish which receives funds from the parish13
transportation fund may expend at least one percent of those funds for the14
establishment of bicycle paths facilities. However,15
* * *16
F. The department shall recommend construction standards for bicycle paths17
facilities.18
G. The department shall provide a uniform system of marking bicycle paths19
facilities in accordance with the Manual on Uniform Traffic Control Devices, such20
system to be used on all paths under the jurisdiction of the department and21
municipalities and parishes.22
H. The department and municipalities and parishes shall restrict the use of23
bicycle paths facilities under their respective jurisdictions to pedestrians and24
nonmotorized vehicles, except for electric personal assistive mobility devices where25
such devices do not pose a hazard to the device users or other users of the facility.26
Section 4. R.S. 32:197(C) and 283 and R.S. 48:163.1 (C) are hereby repealed in their27
entirety.28 HLS 10RS-1657 REENGROSSED
HB NO. 1137
Page 10 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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.
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. HLS 10RS-1657 REENGROSSED
HB NO. 1137
Page 11 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that no person shall open the door of a motor vehicle on the side
available to moving traffic unless and until it is reasonably safe to do so.
Proposed law prohibits persons from opening motor vehicle doors on the side available to
moving traffic without taking due precautions to ensure that his act will not interfere with
the movement of traffic or endanger any other person or vehicle.
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.
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), (B), (D), (E)(intro. para.), (F), (G), and (H); Adds R.S.
32:1(95-100), 197(D) and (E), 202, and 300.8 and R.S. 48:1(24); Repeals R.S. 32:197(C)
and 283 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. 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.
4. Retained language in present law that permitted 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".
House Floor Amendments to the engrossed bill.
1. Made technical amendments. HLS 10RS-1657 REENGROSSED
HB NO. 1137
Page 12 of 12
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
2. Required persons from opening motor vehicle doors on the side available to
moving traffic without taking due precautions to ensure that his act will not
interfere with the movement of traffic or endanger any other person or vehicle,
rather than only making sure it is reasonably safe to do so as stated in present
law.
3. Provided that if bicycle facilities are not included in new construction projects,
DOTD shall document why they are not included, rather than demonstrate the
absence of bicycle facilities is in the public interest.
4. Provided that DOTD shall consider retrofits in conjunction with preservation
projects and is not required to include retrofits in conjunction with preservation
projects.
5. Required that the uniform system of marking bicycle facilities currently required
to be provided by DOTD now be in accordance with the Manual on Uniform
Traffic Control Devices.
6. Provided that DOTD and municipalities are allowed to permit the use of
electronic personal assistive mobility devices on or in bicycle facilities where
such devices do not pose a hazard to the device users or other users of the
facility.