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Legal and Safe Bicycling
Posted Tuesday, June 17, 2008, at 3:09 PM
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As most of you have noticed lately, there has been an increase in the number of cyclists on the roadways these days. Is it related to the high fuel costs? Or could it be that people have become more health conscience? I fit into the second category, I enjoy cycling very much and try to do it a few times a week.

I would like to clarify some safe and legal cycling issues. The question I get asked the most as it pertains to cycling is "what side of the road are you suppose to ride on when riding a bike?" According to Tennessee Code Annotated (TCA) 55-8-175:

55-8-175. Riding on roadways and bicycle paths -- Penalty. --
(a) (1) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:
(A) When overtaking and passing another vehicle proceeding in the same direction;
(B) When preparing for a left turn at an intersection or into a private road or driveway; or
(C) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, "substandard width lane" means a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.

Also, note the following TCA 55-8-172:

55-8-172. Traffic laws apply to persons riding bicycles -- Penalty. --
(a) Every person riding a bicycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapter 10, parts 1-5 of this title, except as to special regulations in §§ 55-8-171 -- 55-8-177, and except as to those provisions of this chapter and chapter 10, parts 1-5 of this title which by their nature can have no application.

I understand the law to imply the all persons riding bicycles on a public roadway are subject to all of the same rules that motorists must adhere to. That means that cyclists are required to stop at stop signs just like motor vehicles are. Have there been instances where cyclists have been stopped and ticketed for running stop signs? Yes, there have been. Is it a rare occasion? Yes, it rarely happens.

The other question that is raised is "do I have to wear a helmet when I ride my bike?" Again, according to TCA 55-52-105:

55-52-105. Child bicycle safety rules and regulations. --
With regard to any bicycle operated over any highway, street or sidewalk, it is unlawful:
(1) For any person under sixteen (16) years of age to operate or be a passenger on a bicycle unless at all times when so engaged such person wears a protective bicycle helmet of good fit fastened securely upon the head with the straps of the helmet;
(2) For any person to be a passenger on a bicycle unless, with respect to any person who weighs fewer than forty pounds (40 lbs.), or is less than forty inches (40) in height, the person can be and is properly seated in and adequately secured to a restraining seat;
(3) For any parent or legal guardian of a person below twelve (12) years of age to knowingly permit such person to operate or be a passenger on a bicycle in violation of subdivision (1) or (2); and
(4) To rent or lease any bicycle to or for the use of any person under sixteen (16) years of age unless:
(A) The person is in possession of a protective bicycle helmet of good fit at the time of such rental or lease; or
(B) The rental or lease includes a protective bicycle helmet of good fit, and the person intends to wear the helmet, as required by subdivision (1), at all times while operating or being a passenger on the bicycle.

[Acts 1993, ch. 399, § 6; 1998, ch. 684, § 2; 2000, ch. 916, § 5.]

Even though it may be optional to wear a helmet as a cyclist, it would be wise to wear one. As an officer, I assure you that if you were to have an accident on a bicycle your odds of preventing a serious injury and/or death would greatly increase. Therefore, I highly recommend that you wear a helmet while cycling.

Does anyone have any other suggestions and/or questions?


Comments
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I came over the sharp hill eastbound on Phillips just west of Shaw Avenue this morning and a teenage girl was riding a bicycle westbound on the left side of the narrow road and there was oncoming westbound traffic ........... had to hit the brakes hard to miss her...................... what can we do about these teenage kids who walk down the center of the road in Milltown and dare you to run over them????????????????????????????

-- Posted by treasons on Tue, Jun 17, 2008, at 8:04 PM

Bravo Zulu! great info... it should be preached at Sunday School, part of the pre-school curriculum, kindergarten mandatory course, primary school practical skills lesson, middle school core instruction, high school assembly program and college course Bicycling 101.

It takes at least one generation to break bad habits.

-- Posted by Tennessee_Rambler on Tue, Jun 17, 2008, at 10:12 PM

Dear Muscadine,

Unfortunately we as officers have the same issues regarding children and adults walking in the middle of the street. I can assure you that officers ask people every day to move out of the middle of the street as they patrol. You pose the question, "what can we do?" As officers, we ask the same question. What is the solution? I feel that we have to dig deep down inside of our core values to find the solution. I feel that the solution lies within our core values as human beings. The answer is RESPECT. Obviously some do not have as much respect as others; therefore I feel the reason why they will not get out of the middle of the street is due to a lack of respect.

Would you agree?

-- Posted by mikedobis on Wed, Jun 18, 2008, at 10:07 AM

md

In order to show genuine respect, you must understand respect.......... and have self-respect.... which many in the younger generation lack........... the only thing they respect is brute, blunt force..................

-- Posted by treasons on Thu, Jun 19, 2008, at 12:18 AM

You, officer, have posted some very helpful information. this allows the cyclists to see exactly what is required of them by law and what may happen if they do not comply. too bad there are not more chances like this for our public to follow. It is not often that I commend someone for a job well done but, i think this one calls for a tip of the hat to ya'. Thanks, again.

-- Posted by exresident on Thu, Jun 19, 2008, at 12:46 PM

I agree, respect must first be taught, but I get so angry in my neighborhood because not only do they walk in the middle of the street, cars stop in front of you and block both ways to talk to someone and then look at you like you better wait. I was in a hurry (had an emergency) and actually ask some young ladies of about 13 to please move(they were talking to some guys in a car blocking the street) I heard such profanity it was crazy. Tell the parents and parent gets upset.(go figure) If I would have hit any of them, I would be in major trouble and possibly oh wait, I KNOW I would have been sued. My advice, parents, get your kids out of the street, next one may not be so lucky!!!!

-- Posted by titans2 on Thu, Jun 19, 2008, at 1:35 PM

just arrest them ROBO jr,,isnt that what you do?

-- Posted by dburgscoundrel on Sun, Jun 22, 2008, at 9:10 AM

What about license requirements for scooters under 49cc? The motorcycle handbook says it does not need tags because it is considered a motorized bicycle

-- Posted by jonboon on Fri, Jun 27, 2008, at 3:48 PM

muscadine, I do not agree with your comment of "brute, blunt force". By showing respect to many (who by the way have never gotten any respect from even those who are there to protect them) you would be surprised how many return the favor. For those who dont, my heart goes out to them; either they have missed out on a lot of good sound values and ethics or they have been very hurt in the past. As adults, we should never be brute and bluntly forceful. Just my opinion, since I was once a teenager and how have some of my own; I have a tendency to see both sides.

-- Posted by exresident on Fri, Jul 18, 2008, at 12:21 PM

last night i observed a bicyclist riding down a dark street--in the middle of the street--with no lighting of any kind on the bike, nor any reflective gear anywhere on his/her person or the bike. i was meeting another vehicle. by the grace of god that person is still alive today. maybe we should start a trend in dyersburg to widening street (possibly painted blue or green) for bicycles to travel. and for those people walking down the middle of the street, when there are adaquate side-walks, they should be ticketed for whatever one wants to call it (street walking) may be a little misleading!

-- Posted by jaydwain on Fri, Jul 18, 2008, at 8:35 PM

Lt Mike.....Very good info. I am...well let's just say I have an AARP card...and ride a bike for health reasons also. And yes I have just recently started riding a bicycle again for exercise...haven't rode a bike since I was a teen. I had already looked up these rules before seeing this post but it is helpful for folks that don't know how or where to find the info.

-- Posted by Unwind2 on Fri, Aug 22, 2008, at 3:45 PM

A very dear friend of mine rolled his tire on a rock ,fell off the bike and had to have brain surgery . My friend recovered by the grace of god!

-- Posted by different/visons/12 on Thu, Nov 13, 2008, at 11:48 AM


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Lt. Mike Dobis is on the command staff of the Dyersburg Police Department.
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