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ACT No. 618
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 AND SENATORS ALARI O, CHABERT, CHEEK, CLAI TOR,
CROWE, DONAHUE, ERDEY, N. GAUTREAUX, GUI LLORY, HEBERT,
HEITMEIER, JACKSON, KOSTELKA, LAFLEUR, MCPHERSON, MICHOT,
MORRELL, MURRAY, NEVERS, PETERSON, RISER, SHAW, SMITH, AND
THOMPSON
AN ACT1
To amend and reenact R.S. 17:270(A), R.S. 32:1(48) and (65), 76.1(B), 106, 197(A), 283,2
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
and 203, and R.S. 48:1(24), and to repeal R.S. 32:197(C) and R.S. 48:163.1(C),5
relative to bicycles; to revise provisions relative to bicyclists and traffic; to provide6
for definitions; to provide for construction of bicycle facilities; and to provide for7
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
and Secondary Education shall provide written notice to each city, parish, and local20 ENROLLEDHB NO. 1137
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school board of the requirements of this Subsection. The aims and purposes of the1
driver education and training program shall be to educate drivers to be competent2
and to develop a knowledge of those provisions of the law of this state relating to the3
operation of motor vehicles, a proper acceptance of personal responsibility in traffic,4
a true appreciation of the causes, seriousness, and consequences of traffic accidents,5
and the knowledge, attitudes, habits, and skills necessary for the safe operation of6
motor vehicles. The course shall include training on railroad and highway grade7
crossing safety and on sharing the road with motorcycles and, tractor-trailer trucks8
and, pedestrians, bicyclists, and transit vehicles, and at least thirty minutes of9
instruction relative to organ and tissue donation. The State Board of Elementary and10
Secondary Education and the state Department of Education shall develop the organ11
and tissue portion of the driver education and training program in conjunction with12
the federally designated organ procurement organization for the state of Louisiana.13
However, no student shall be required to take the organ and tissue donation14
instruction if his parent or tutor submits a written statement indicating that such15
instruction conflicts with the religious beliefs of the student.16
* * *17
Section 2. R.S. 32:1(48) and (65), 76.1(B), 106, 197(A), 283, 296(A), and 300.2 are18
hereby amended and reenacted and R.S. 32:1(95) through (100), 197(D) and (E), and 20319
are hereby enacted to read as follows:20
§1. Definitions21
When used in this Chapter, the following words and phrases have the22
meaning meanings ascribed to them in this Section, unless the context clearly23
indicates a different meaning:24
* * *25
(48) "Pedestrian" means any person afoot or utilizing a mobility aid.26
* * *27
(65) "Shoulder" means the portion of the highway contiguous with the28
roadway for accommodation of stopped vehicles, for emergency use, pedestrian use,29 ENROLLEDHB NO. 1137
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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 lane,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
clearance until safely past the overtaken bicycle. An operator of a motor vehicle30 ENROLLEDHB NO. 1137
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may pass a bicycle traveling in the same direction in a no-passing zone only when1
it is safe to do so.2
* * *3
§106. Methods of giving hand and arm signals4
A. All signals herein required to be given by hand and arm shall be given5
from the left side of the vehicle in the following manner, and such signals shall6
indicate as follows:7
(1) Left turn--hand and arm extended horizontally, with the hand open and8
the back of the hand to the rear. 9
(2) Right turn--hand and arm extended upward at an angle of forty-five10
degrees from shoulder or elbow, with the hand open and the back of the hand to the11
rear. A bicyclist may also extend the right hand and arm horizontally with the hand12
open and back of the hand to the rear.13
(3) Stop or decrease speed--start--hand and arm extended downward at an14
angle of forty-five degrees from shoulder or elbow, with the hand open and the back15
of the hand to the rear.16
(4) Pulling from curb or side of highway--same as for left turn. 17
B. A bicyclist is not required to continuously give the signals required by18
Subsection A of this Section if the hand or arm is needed to control the bicycle.19
* * *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) When overtaking and passing another bicycle or vehicle proceeding in26
the same direction.27
(2) When preparing for a left turn at an intersection or into a private road or28
driveway.29 ENROLLEDHB NO. 1137
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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 safely 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 of a9
roadway.10
E. Any person operating a bicycle upon a roadway or 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 shoulder of that roadway as practicable when13
preparing for a left turn.14
* * *15
§203. Motor vehicles operating in bicycle lanes16
A. No person shall operate a motor vehicle in a bicycle lane except as17
follows:18
(1) To prepare for a turn within a distance of two hundred feet from the19
intersection.20
(2) To enter or leave the roadway onto an alley, private road, or driveway.21
(3) To enter or leave a parking space when parking is permitted adjacent to22
the bicycle lane.23
B. Any person operating a motor vehicle upon a bicycle lane in accordance24
with Subsection A of this Section shall yield the right-of-way to all bicycles and25
electric mobility aids within the bicycle lane.26
C. This Section shall not prohibit the use of a motorized bicycle in a bicycle27
lane when the operator travels at no speed greater than what is reasonable or prudent,28
has due regard for visibility, traffic conditions, and the condition of the roadway29 ENROLLEDHB NO. 1137
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surface of the bicycle lane and in a manner which does not endanger the safety of1
bicyclists.2
D. In case of an emergency, the driver of a motor vehicle may lawfully3
operate the vehicle in a bicycle lane in accordance with the normal standards of4
prudent conduct to protect himself and others from harm. When the emergency5
ends, the motor vehicle shall not be operated in the bicycle lane.6
* * *7
§283. Opening and closing Improper opening or leaving open of vehicle doors8
A. No person shall open the any door of a motor vehicle on the side available9
to moving traffic unless and until it is reasonably safe to do so, nor shall any person10
leave a door open on the side of a vehicle available to moving traffic for a period of11
time longer than necessary to load or unload passengers. located on a highway12
without first taking due precaution to ensure that his act shall not interfere with the13
movement of traffic or endanger any other person or vehicle.14
B. No person shall leave open any door of a motor vehicle located on a15
highway for a period of time longer than necessary to load or unload passengers.16
* * *17
§296. Stopping, parking, or standing upon the highway shoulder; driving upon the18
highway shoulder19
A. No person shall stop, park, or leave standing any unattended vehicle on20
any state highway shoulder, unless such stopping, parking, or standing is made21
necessary by an emergency, except:22
(1) In those areas designated as parking areas by the Department of23
Transportation and Development, or24
(2) By any public utility personnel or public utility equipment engaged in the25
operation of the utility business, public vehicles owned by public bodies which are26
engaged in the conduct of official business, or privately-owned privately owned27
vehicles which are engaged in services authorized by the local governing authority.28 ENROLLEDHB NO. 1137
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(3) Persons riding bicycles shall be allowed to operate on the shoulder of a1
roadway.2
* * *3
§300.2. Electric personal assistive mobility devices; operation; exceptions4
A. Electric personal assistive mobility devices shall be authorized to operate5
on sidewalks, bicycle paths, and highways with posted speed limits of thirty-five6
twenty-five miles per hour or less, except that any parish or municipal governing7
authority may limit or prohibit the operation of such devices on any sidewalk,8
bicycle path, or highway under its jurisdiction if such a prohibition or regulation is9
necessary and in the interest of safety.10
B. For purposes of this Section, the term "electric personal assistive mobility11
device" shall mean a self-balancing two-, non-tandem wheeled device designed to12
transport only one person at a time, with an electric propulsion system which limits13
the maximum speed of the device to not more than fifteen twenty miles per hour. An14
electric personal assistive mobility device shall not be considered a motor scooter,15
an electric scooter, a vehicle, or a motor vehicle.16
* * *17
Section 3. R.S. 48:21(B), 163.1(A), (B), (D), (E)(introductory paragraph), (F), (G),18
and (H) are hereby amended and reenacted and R.S. 48:1(24) is hereby enacted to read as19
follows:20
§1. Terms defined21
For purposes of this Chapter, the following terms have the meanings ascribed22
to them by this Section, except where the context clearly indicates otherwise:23
* * *24
(24) "Bicycle facility" means any physical facility provided for the exclusive25
or semi-exclusive use of bicycles. This includes but is not limited to unmarked26
shared roadways, marked shared roadways, bicycle lanes, shared use trails, and end27
of trip facilities.28
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§21. Functions1
* * *2
B. The department may construct and maintain within the right of way right-3
of-way of any state highway or section thereof bicycle paths facilities appropriate to4
the context of the roadway. Before the construction of any such facilities the5
department must find and declare that the construction thereof is necessary in the6
public interest and will contribute to the safety of bicyclists and the motoring public.7
If such facilities are not included in new construction projects, the department shall8
document the reasons for the exclusion.9
* * *10
§163.1. Use of highway funds for bicycle paths facilities11
A.(1) The department annually may expend a reasonable amount of the12
transportation trust fund for the establishment, construction, and maintenance of13
bicycle paths facilities. Bicycle paths facilities may be established wherever a14
highway, road, or street is being constructed, reconstructed, or relocated, or as15
separate projects, unless the department determines the following:16
(a) The roadway is one on which the presence of bicyclists and pedestrians17
is prohibited by law.18
(b) The cost of providing bicycle facilities would be excessively19
disproportionate to the need or probable use. "Excessively disproportionate" is20
defined as exceeding twenty percent of the cost of the project.21
(c) There is a sparsity of population which demonstrates absence of need or22
prudence, or future development is not anticipated.23
(2) Bicycle facilities shall not be constructed in conjunction with24
preservation projects if the construction of the facility requires right-of-way25
acquisition, utility relocation, or major construction. Retrofits, including but not26
limited to narrowing lanes, restriping, and other general improvements, shall be27
considered in conjunction with preservation projects.28
(3) When population levels and development demonstrates that bicycle29
facilities would fill a need and construction of the facility would require right-of-way30 ENROLLEDHB NO. 1137
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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 facilities 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 ENROLLEDHB NO. 1137
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Section 4. R.S. 32:197(C) and R.S. 48:163.1(C) are hereby repealed in their entirety.1
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: