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Cycling law updates protect riders

Act clarifies rules for stop signs, passing bikes
October 20, 2017

Motorists overtaking a cyclist must change lanes under new legislation designed to make Delaware safer for cyclists.

The Bicycle Friendly Delaware Act, signed into law Oct. 5 by Gov. John Carney, reforms and better defines the state's rules of the road pertaining to bicycles.

Among provisions in the law are:

• Motorists are forbidden to honk at cyclists when passing except when there is imminent danger.

• Motorists are required to change lanes – even when there is a double yellow line – passing bicycles when travel lanes are too narrow for side-by-side sharing.

• The yield law has been modified to allow bicyclists to yield at stop signs when the coast is clear at minor road intersections instead of requiring a complete stop with no exceptions. Delaware is one of the few states in the country with this law.

• Bicycle traffic signals can now be used by state transportation planners.

James Wilson, president of Bike Delaware, said the act better defines and improves existing laws so police and the cyclists are more clear about the rules of the road.

“We need police not to be confused by the language and allow them to focus on more important things,” Wilson said.

Wilson used a recent court case as an example of confusing language. An upstate cyclist was ticketed by police for not riding as far right as practicable. Wilson said the cyclist took the case to court and the judge dismissed it. “It was obvious to me that the officer thought he understood the law and was keeping the guy safe, but that was not perceived by the cyclist. The language as far right as practicable has caused problems all over the country,” he said.

That phrase has been removed from state code and replaced with “far enough to the right as judged safe.”

Until the new act was passed, motorists had to give cyclists at least a three-foot berth when passing. Wilson said on a two-lane road with no shoulders, that was impracticable and impossible to enforce, so no tickets were ever issued by police.

Now, motorists must change lanes when passing cyclists, even on double yellow lines, when safe. “This idea was put on the table by police,” Wilson said.

Wilson said traffic signs and signals were designed for vehicles and not bicycles. “Cyclists have just been caught up in the net,” he said.

The new law treats stop signs as yield signs for cyclists. “It's a common-sense reform that reflects what actually occurs,” he said.

Wilson said most cyclists do not stop at stop signs – most slow down and then proceed. Now that's the law at intersections. “At the speeds cyclists go, they can maneuver without stop signs,” he said.

He said cyclists still need to use common sense and stop at stop signs on major roads such as Route 1, and cyclists should never blow through intersections.

In addition, cyclists can legally ride two abreast, even on narrow-lane roads. “It's totally fine because cars will have to change lanes behind them anyway,” Wilson said.

Upstate legislators Rep. Larry Mitchell and Sen. Dave Sokola were main sponsors of the act.

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