Blog Posts for 2009
Deerfield has its own fairly comprehensive bicycle laws on the books. Some things to keep in mind are:
- White headlight AND white front reflector as well as a red rear reflector are required
- Persons under 16 are required to use helmets
- Kids under 12 must use the sidewalks when riding along Deerfield Road, Waukegan Road or County Line (Lake-Cook) Road
- In business districts bicycles may be ridden on sidewalks
- Riders must ride single file
- No cycling under the influence of drugs or alcohol
- No riding no-handed
Sec. 22-121. Safety equipment of bicycles.
Every bicycle operated upon any street, sidewalk, alley or public way or place shall be in such mechanical condition and equipped as follows:
(a) Mechanical condition. No person shall operate a bicycle which is not in such mechanical condition so that it can be safely operated. (M.C. 1963, Sec. 20.715 and Ch. 20A)
(b) Brakes. Every bicycle shall be equipped with a brake adequate to control movement of and stop and hold such bicycle. (Ord. 0-77-65, 10-17-77)
(c) Lights and Reflectors: During the period from sunset to sunrise, every bicycle operated in the Village shall be equipped with the following lights and reflector equipment: on the front of said bicycle with a lighted lamp which shall be emitting a white light visible from a distance of at least 500 feet to the front and with a clear reflex reflector button not less than one and one half inches (1 1/2") in diameter on the front visible to the front; and on the rear of said bicycle with a red reflex reflector button not less than one and one half inches (1 1/2") in diameter which shall be at all times unobstructed and visible to the rear from a distance of at least 300 feet. A lamp emitting a red light visible to the rear may also be used. The lights and reflectors herein provided for shall be securely fixed and attached to the bicycle and no flashlights shall be substituted therefor. (M.C. 1963, Sec. 20.715 and Ch. 20A)
(d) Sirens Prohibited. No bicycles shall be equipped nor shall any person use upon any bicycle any siren, gong or whistle. (Ord. 0-77-65, 10-17-77)
(e) Equipment Required Upon Sale of Bicycle: (M.C. 1963, Sec. 20.715 and Ch. 20A)
(1) No person shall sell a bicycle that is not equipped with the equipment provided for in Section 22-121(b) and that portion of Section 22-121(c) dealing with reflectors. (Ord. 0-77-65, 10-17-77)
(2) No person shall sell or offer for sale a new bicycle or a bicycle pedal that is not equipped with a reflex reflector on each pedal visible from the front and rear of the bicycle during darkness from a distance of at least 200 feet.
(3) No person shall sell or offer for sale a new bicycle that is not equipped with side reflectors which shall consist of an amber colored reflector mounted or affixed to the front of the center of the bicycle and a red reflector mounted or affixed to the rear of the center of the bicycle; such reflectors to be visible from each side of the bicycle from a distance of at least 500 feet. After January 1, 1975, these side reflector requirements may be met by reflective material at least 3/16 of an inch in width, being amber and red in color and attached or affixed to the front and rear tire or rim, to indicate, as clearly as possible, the continuous circular shape and size of the tires or rims of such bicycle. (M.C. 1963, § 20.715, Ch. 20A)
Sec. 22-121A. Helmets Required:
(a) Every person under the age of sixteen (16) years shall wear a protective helmet that meets the standards promulgated by the American National Standards Institute or the American Society for Testing and Materials or the Snell Memorial Foundation, Inc., whenever that person is upon a public highway, sidewalk, bicycle path or other public right of way within the corporate limits of the Village and is riding or being carried on any bicycle or any carrier attached to or pulled by a bicycle, or is skateboarding or using in-line skates.
(b) The provisions of Section 22-160A of this Chapter shall apply to any violation of any provision of subsection (a) of this Section, provided, however, notwithstanding anything contained herein or in said Section 22-160A of this Chapter to the contrary, compliance may be demonstrated within ten (10) days following issuance of a compliance ticket at the Village Police Station by proof of possession of a helmet that meets the standards specified in subsection (a) of this Section; and, solely with respect to the first such violation, there shall be no requirement to pay any fee as specified in Section 22-160A of this Chapter.
(c) A violation of this Section shall not constitute negligence, contributory negligence, assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, or participation in skateboarding or in-line skating, nor shall anything in this Section change any existing law, rule or procedure pertaining to any civil action. (Ord. 0-97-29, 7-7-1997)
Sec. 22-122. Operation Of Bicycles:
Bicycles are hereby classed as vehicles and every person operating a bicycle in any public way in the Village shall be subject to the provisions of the State vehicle laws and all traffic ordinances except such provisions in conflict with this Chapter or which by their nature can have no application.
(a) Obedience To Traffic Directions: It shall be unlawful for any person operating a bicycle to fail or refuse to comply with any order, signal or direction of a police officer, or to disobey the instructions of any official traffic sign, signal or other traffic-control device.
(b) Riding On Bicycles:
(1) A person operating a bicycle shall not ride other than upon or astride the permanent and regular seat attached thereto, nor carry any other person upon such bicycle other than upon a firmly attached regular seat thereon, nor shall any person ride upon a bicycle other than as above authorized.
(2) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
(c) Speed: No bicycle shall be operated at any time faster than is reasonable, proper and prudent under the conditions then existing, and every bicycle shall be operated with reasonable regard to the safety of the rider and of other persons, property and vehicles.
(d) Riding On Sidewalks:
(1) No bicycle shall be operated by a person under twelve (12) years of age along and upon Deerfield Road or Waukegan Road or County Line (Lake-Cook) Road within the corporate limits of the Village, except on the public sidewalks adjoining said roadways.
(2) Due and proper care shall at all times be exercised by the bicycle operator for the pedestrians. Under all circumstances, bicycle operators, riding or walking their bicycles, shall yield the right of way to pedestrians using a sidewalk or path. When approaching a pedestrian(s) on the sidewalk, an audible signal shall be given at least twenty five feet (25') distance from the pedestrian(s) and the speed of the bicycle shall not be increased until the pedestrian(s) has been passed.
(3) In business districts bicycles may be ridden on sidewalks.
(e) Riding On Right: Every person operating a bicycle shall keep to the right and shall operate as nearly as practical at the right-hand edge of the path, sidewalk, street or roadway.
(f) Riding In A Group: When more than two (2) persons in a group are operating bicycles on a street or roadway, they shall ride single file and it shall be unlawful for them to ride abreast of each other.
(g) Stopping Or Turning: The operator of a bicycle on a roadway, when making a right turn, shall follow the right-hand edge of the roadway, and the operator of a bicycle on a roadway, when making a left turn, shall proceed to the far side of the intersection, bring the bicycle to a complete stop and look in both directions prior to turning. No operator of a bicycle shall start, slow down, stop or attempt to turn without first indicating such movement as provided by State laws for the operation of a motor vehicle.
(h) Coming Out Of Alleys, Driveways Or Buildings: The operator of a bicycle coming out of an alley, driveway or building shall stop before riding on or across a sidewalk or into a street or roadway if the view is obscured. Such operator shall, in all cases, yield the right of way to all pedestrians approaching on said sidewalk, and to all vehicles approaching on said street or roadway.
(i) Clinging To Vehicles: It shall be unlawful for any person operating a bicycle to cling or to attach himself, or the bicycle, to any other moving vehicle or object.
(j) Carrying Articles: No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping both hands upon the bicycle handlebars.
(k) Under Influence Of Liquor Or Drugs: It is unlawful for any person to operate a bicycle within the Village while under the influence of liquor or drugs.
(l) Trick Riding: It shall be unlawful for any person operating a bicycle on the public streets, sidewalks, roadways or on any public way to engage in any kind of trick or unsafe riding, including, but not limited to, riding without the use of any hands on the handlebars.
(m) Prohibited Areas For Bicycles: Bicycles are prohibited to be operated in any area where appropriate signs are posted. (M.C. 1963, § 20.715, Ch. 20A)
Sec. 22-123. Parking Bicycles:
(a) It shall be unlawful to park any bicycle along buildings in such manner as to interfere with pedestrians, or along roadways where they may interfere with traffic or with persons getting into or out of motor vehicles. No person other than the owner or operator shall move, or in any manner, interfere with any bicycle properly parked, nor shall any person interfere or, in any manner, hinder any person from properly parking a bicycle, except that members of the Police Department and Fire Department may move, or, in proper cases, prevent the parking of the bicycle, when, in the judgment of the policeman or fireman, his action is necessary in order to properly safeguard persons or property.
(b) The Chief of Police will cause bicycle parking racks to be installed at places to be determined by him within the central business district. No bicycle shall be parked within one hundred feet (100') of such bicycle parking racks except in said racks. (M.C. 1963, § 20.715, Ch. 20A)
Items to consider in Western Springs:
- Bicycles owned by residents of Western Springs must be registered
- White headlight and red rear reflector are required
- Brakes are required
- Bicycles must have a bell or horn
- No riding on sidewalks in business districts
7-6-2: REGISTRATION REQUIREMENTS:
A. Registration Required: Bicycles owned by residents of the Village and operated within the Village limits shall be registered. (1978 Code § 9-9-2)
7-6-8: TRAFFIC LAWS APPLICABLE:
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 the laws of this State declaring rules of the road applicable to vehicles or by the traffic ordinances of this Village applicable to the driver of a vehicle, except as to special regulations in this Title and except as to those provisions of laws and ordinances which by their nature can have no application. (1978 Code § 9-9-9)
7-6-10: RIDING RULES:
A. Riding On Seats Required: No operator of a bicycle shall ride thereon otherwise than upon the regular, permanent seat attached thereto, nor carry any other person thereon except upon a regular permanent seat firmly attached thereto at the rear of the operator. No passenger shall ride on any bicycle except upon such regular permanent seat.
B. Number Of Persons: No bicycle shall be used to carry more persons than the number for which it is designed or equipped.
C. Ride To The Right: Every 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.
D. Carrying Packages: No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handlebars.
E. Riding On Sidewalks:
1. Business District: No person shall ride a bicycle upon the sidewalks in the business district of the Village.
2. Yield To Pedestrians: The operator of a bicycle when riding upon the sidewalk shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. (1978 Code § 9-9-11)
7-6-12: BICYCLE EQUIPMENT:
A. Lights: Every bicycle, when in use at nighttime, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet (500') to the front and with a red reflector on the rear of a type which shall be visible from all distances from fifty feet (50') to three hundred feet (300') to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet (500') to the rear may be used in addition to the red reflector.
B. Horn: Every bicycle shall be equipped with a horn or other audible signalling device, or a bell or other device in good working condition, capable of giving a signal audible for a distance of at least one hundred feet (100'); except, that a bicycle shall not be equipped with nor shall any person useupon a bicycle any siren or whistle.
C. Brakes: Every bicycle shall be equipped with adequate brakes in good working condition, which will enable the operator to make the wheels skid on dry, level, clean pavement. (1978 Code § 9-9-13)
My source is here.
Bike Snob may or may not have coined the term bike salmon but it's perfect for the application. Bike salmon refers to bicyclists who ride the wrong way down a one-way street. While I appreciate that it's not always possible to obey every single law, this is one example where violating the law is a really bad idea for a whole slew of reasons.
First off, motorists are not expecting cyclists to ride the wrong way down a street. They are more likely to hit bike salmon for that reason. If a motorist does hit a bike salmon, they'll argue that the accident was the bike salmon's fault for traveling the wrong way, an effective defense in front of a jury of drivers.
Second, bike salmon pose certain risks to law-abiding bicyclists. I have personally had to go out into traffic to avoid aggressive bike salmon, and it's not right that law-abiding cyclists should be put in danger by bike salmon.
Third, bike salmon play into biases and prejudices against bicyclists in general. We have it tough enough when it comes to how the general public perceives cyclists. Don't do things that play into existing biases about cyclists such as blowing lights, spitting on cars or riding the wrong way down the street. Set a good and civil example for others. That's the best way to overcome prejudices against cyclists.
On Tuesday, July 28, 2009, I will be giving a talk and presentation to the Lake County Bicycle Club. I'll be speaking about what to do in the event of an accident, common types of accidents and how to avoid them. The presentation will start at 7:00 pm and last about one hour.
Libertyville Civic Center
135 W. Church Street
Libertyville, IL
When I gave a legal cycling presentation to the Wheeling Wheelmen last spring, the group was very concerned about dogs. Anyone who has done some rural touring has probably been chased by more than one dog.
I'll never forget the time a huge dog latched onto my pannier in rural Tennessee. It almost pulled me down, and it ripped my first aid kit off. I got the distinct impression that if the dog had landed me it would have been a bad scene. Luckily I was able to get away with the rubber side down.
What are your rights if you are injured by a dog?
The dog's owner is responsible for injuries caused by their dog. A person who assumes the responsibility of dog ownership also assumes any liability for harm caused by the dog.
Most dog cases in Illinois arise from situations in which a dog bites or attacks someone. Under Illinois law a dog owner is liable for any such injuries caused by their dog unless the dog was provoked to attack.
Bicycle/dog cases are not necessarily your average dog bite cases because dogs pose unique risks to bicyclists. Even without attacking, a dog can still cause a bicycle to crash if it chases you or runs into your path. The intent of the dog is not important. If the dog attacks you, the owner is liable unless you provoked the attack. If the dog runs happily into your path, causing you to wreck, the owner should be liable for failing to properly restrain the dog.
Incidents with dogs should be treated the same as all other accidents: Call the police and file a police report. Get the owner's information. Seek medical treatment. Take pictures and preserve evidence.
The Chicago Department of Transportation has posted a training video for Chicago police officers created in partnership with the Chicago Police Department. This is a great step in the right direction, and hopefully it will have some positive effects on the way officers deal with bicycle/auto collisions.
Columbia a college town in Missouri just passed a law that prohibits harassment of bicyclists. See the Associated Press write-up. Anyone who regularly rides a bike has probably been a victim of some type of harassment. If such actions are reported to the police the response is often something to the effect of, "What are we supposed to do about it?" With a law such as Columbia's anti-harassment law, there will be a mechanism for harassing motorists to be charged and prosecuted even if their actions don't result in injury to the cyclist.
A violation of the statute is a class A misdemeanor, which is punishable by up to a year in jail. The text of the ordinance is as follows:
Sec. 16-145. Harassment of a bicyclist.
(a) A person commits the offense of harassment of a bicyclist if the person: . . .
(1) Knowingly throws an object at or in the direction of any person riding a bicycle; or
(2) Threatens any person riding a bicycle for the purpose of frightening or disturbing the person riding the bicycle; or
(3) Sounds a horn, shouts or otherwise directs sound toward any person riding a bicycle for the purpose of frightening or disturbing the person riding the bicycle; or
(4) Knowingly engages in conduct that creates a risk of death or serious physical injury to the person riding a bicycle.
(b) Harassment of a bicyclist is a Class A misdemeanor.
Car-free cyclists run the risk of being victimized by uninsured or under insured motorists. As I have stated many times in the past, most people in Illinois don't care about under-insured or uninsured drivers because most people in the state of Illinois drive cars. Since most people are drivers, they probably have their own uninsured motorist coverage under their auto policy. Most auto policies offer $100,000 to $250,000 in uninsured or under-insured motorist coverage. Driver's don't care about uninsured motorists, because they have their own insurance coverage that will be activated by a collision with an under-insured or uninsured motorist.
This is not the case with car-free cyclists.
I estimate that over half of all drivers in the City of Chicago only have the mandatory minimum insurance limits of $20,000 or are totally uninsured. You can't even spend one night in the hospital for $20,000. If someone with 20k in coverage seriously injures you, you're probably going to be stuck with the bill unless you have your own coverage.
What's the significance? Lets take the example of a driver and a car-free cyclist who are the victims of an uninsured driver's negligence.
Example Driver:
Victim Driver is struck by Uninsured Driver. The collision is Uninsured Driver's fault. Victim Driver suffers severe injuries and is hospitalized. After his treatment is concluded he has $50,000 in medical bills. Uninsured Driver has no assets and no insurance. What does Victim Driver do? He makes a claim against his own uninsured motorist coverage. His uninsured motorist insurance carrier steps into the shoes of Uninsured Driver and covers Victim Driver's medical bills and other losses related to his injuries.
Example Car Free Cyclist:
Car-Free Cyclist is struck by Uninsured Driver. The collision is Uninsured Driver's fault. Car-Free Cyclist is hospitalized and suffers severe injuries. After his treatment is concluded he has $50,000 in medical bills. Uninsured Driver has no assets and no insurance. What does Car-Free do? He pays his bills or goes bankrupt because there is no insurance coverage to cover the loss caused by Uninsured Driver.
What can I do as a car-free cyclist?
You can purchase an operator's insurance policy. This is a special automobile insurance policy that specifically covered people who do not own cars. There are only a couple companies I know of who will write operator's policies, and those companies require the policy to be issued by a broker. Most insurance brokers may not understand why you're looking for an operator's policy as a cyclist - a smart one will.I use Dan at D&D Insurance on Chicago (D & D Insurance, 2115 W Chicago Ave, Chicago, IL 60622; 773- 489-0080). I don't advocate him or his company, but if you call him he'll know what you're looking for and why.
Uninsured motorist coverage is also activated by a hit and run collision, even when the driver gets away. I estimate that in about 20% of accidents involving cyclists in Chicago the driver flees the scene of the accident. Most of the time they are not identified. If the driver flees the scene and gets away your uninsured motorist coverage steps in to cover your loss.
This coverage is especially important for car-free cyclists who have a family or dependents. If people are counting on you to support them you have to be prepared for the worst-case scenario (if I had dependents I'd have an umbrella policy on top of the 250K underlying policy).
An operator's policy is also a cheaper alternative for health insurance (maybe $30.00 a month for 100K and about $50.00 a month for 250k in coverage), but it has certain limitations. If you can't afford health insurance, maybe you can afford an operator's policy. That way you assume the risk of your own negligence, but if you are injured because of an uninsured, under-insured or hit-and-run driver's negligence you are covered.
Jerome wrote:
As the weather turns warm the bike rack outside my downtown office building is literally teaming with bikes. Lately there have been a couple scooters parked at the bike rack. One typically has a note stuck to it that quotes a law that seems to allow scooters to use bike racks. Today I noticed that the scooter had been ticketed despite the note. Is it legal for scooters to lock to bike racks?
Thanks,
Jerome
While I think scooters in bike lanes are dangerous and illegal, when it comes to parking I actually sympathize with scooter users. They tend to have a hard time no matter where they park. If they park in the street they risk theft and car drivers tend to move their mopeds so a car can share the spot, but if they park on a sidewalk they risk being ticketed. There exists a long-standing myth among scooter users that they are allowed to park on sidewalks, and that any ticket issued for parking on a sidewalk is a mistake.
Part of the misconception about scooters in Chicago has probably evolved from a misunderstanding of the applicable law. Illinois Law distinguishes between motorcycles and "motorized pedalcycles." See the Illinois Motor Vehicle Code:
(625 ILCS 5/1-148.2)
Sec. 1-148.2. Motorized Pedalcycle.
A motorized pedalcycle is a motor-driven cycle whose speed attainable in one mile is 30 mph or less, which is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears.
Furthermore, The Illinois Vehicle Code provides that some bicycle laws (Article 15) apply to Motorized Pedalcycles:
(625 ILCS 5/11-1403.1)
Sec. 11-1403.1. Riding on motorized pedalcycles.
(b) The provisions of Article XV shall be applicable to the operation of motorized pedalcycles, except for those provisions which by their nature can have no application to motorized pedalcycles.
What laws are applicable to motorized pedalcycles under article 15? In relevant part:
(625 ILCS 5/11-1513)
Sec. 11-1513. Bicycle parking.
(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic-control device.
According to Illinois law, at first glance it would appear that a vehicle matching the description of a motorized pedalcycle (capable of speeds not in excess of 30mph, not more than 50 cubic centimeters of displacement, 2 hp or less, and no gears) is allowed to park on sidewalks. Unfortunately, this is not the case in the City of Chicago.
Chicago has it's own regulations regarding parking and the definition of motor driven cycles. In fact, in Chicago all vehicles are prohibited from parking on the sidewalk.
The motorized pedalcyclist may feel that they are exempt from this prohibition because they do not operate a "vehicle"; however, the Chicago Municipal Code prohibition against parking on sidewalks does not distinguish between types of vehicles. It simply defines a "vehicle" as:
9-4-010 Definitions
"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except motorized wheelchairs, devices moved solely by human power, devices used exclusively upon stationary rails or tracks and snowmobiles, as defined in the Snowmobile Registration and Safety Act of Illinois.
According to the Chicago Municipal Code, all "vehicles" are prohibited from parking on sidewalks within the City of Chicago.
9-64-110 Parking prohibited
It shall be unlawful to stand or park any vehicle in any of the following places...
(d) On a sidewalk...
Since all scooters, regardless of their displacement, fall within the definition of a "vehicle," scooterss parked on sidewalks are in violation of the Chicago Municipal Ordinance, and therefore, are subject to being ticketed for that violation. While scooter parkers can't be ticketed for a violation of Illinois State Law, they are also subject to the Chicago Municipal Ordinance. State law does not prohibit municipalities from passing their own restrictions on where vehicles may park. To the contrary, the state statute clearly contemplates the right of a local governmental entity to prohibit parking on sidewalks. If you get a ticket for parking your scooter on the sidewalk you are probably going to be stuck with a fine or have your scooter towed and impounded.
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