CHAPTER 167

FORMERLY

SENATE BILL NO 255

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21, DELAWARE CODE, IN RELATION TO BICYCLE-RELATED PROVISIONS AND PENALTIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §4157, Title 21, Delaware Code by adding a new sentence at the end of §4157 (3) to read as follows:

"Notwithstanding the foregoing provisions, a person operating a bicycle may give a right turn signal by extending the right hand and arm horizontally and to the right side of the bicycle."

Section 2. Amend Chapter 41, Title 21, Delaware Code by striking Subchapter XII.

(Sections 4192 through 4198) and substituting in lieu thereof the following:

"Subchapter XII.

OPERATION OF BICYCLES AND OTHER HUMAN POWERED VEHICLES

§4192. Effect of Regulations

The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this subchapter.

§4193. 1,. •. .1 : • and_o_ther Human Powered Vehicles

Every person propelling a vehicle by human power or riding a bicycle shall have all of the rights and all of the duties applicable to the driver of any other vehicle by this title, except as to special regulations in this subchapter and except as to those provisions of this title which by their nature can have no application.

§4194. Riding on Bicycles

(a) No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to his person in a back pack or sling.

(b) A trailer or semitrailer designed for attachment to a bicycle may be used when securely attached thereto.

§4195. Clinging to Vehicles

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a highway.

§4196. Position on Roadway

(a) 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 edge of the roadway except under any of the following circumstances:

(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction.

(2) When preparing for a left turn at an intersection or into a private road or driveway.

(3) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand edge of roadway. For purposes of this section, a "substandard width lane" is

a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.

(b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes and a posted speed limit of less than 30 MPH may ride near the left-hand edge of such roadway as practicable.

(c) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set side for the exclusive use of bicycles. Persons riding two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.

§4197. Carrvi g Articles

No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands in the control and operation of the bicycle. A person operating a bicycle shall keep at least one hand on the handlebars at all times.

§4198. Left Turns

(a) A person riding a bicycle intending to turn left shall follow a course
described in section 4152 or in subsection (b).

(a) A person riding a bicycle intending to turn left shall approach the turn as close as practicable to the right edge of the roadway. After proceeding across the
intersecting roadway to the far corner of the curb or intersection of the roadway edges the bicyclist shall stop, as much as practicable out of the way of traffic. After
stopping, the bicyclist shall yield to any traffic proceeding in either direction along

the roadway the bicyclist has been using. After yielding, and complying with any

official traffic control device or police officer regulating traffic on the highway

along which he intends to proceed, the bicyclist may proceed in the new direction.

(b) Notwithstanding the foregoing provisions, the Department or local authorities
in their respective jurisdictions may cause official traffic control devices to be placed and thereby require and direct that a specific course be traveled by turning bicycles, and when such devices are so placed, no person shall turn a bicycle other than as directed and required by such devices.

§4197A. Turn and stop signals

(1) Except as provided in this section, a person riding a bicycle shall comply with section 4155.

(2) A signal of intention to turn right or left when required shall be given
continuously during not less than the last 100 feet traveled by the bicycle before turning, and shall be given while the bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle.

§4197B. Bicycles and Human Powered Vehicles on Sidewalks

(1) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.

(2) A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where such use of bicycles is prohibited by official traffic-control devices.

(3) A person propelling a vehicle by human power upon and along a sidewalk, or pushing a bicycle across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.

§4197C. Bicycle Parking

(1) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device.

(2) A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.

(3) A bicycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is allowed.

(4) A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location where parking is allowed.

(5) A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle.

(1) In all other respects, bicycles parked anywhere on a highway shall conform with the provisions of this title.

§4197D. Bicycle Racing

(1) Bicycle racing on the highways is prohibited by section 4172 except as
authorized in this section.

(1) Bicycle racing on a highway shall not be unlawful when a racing event has been approved by the Department or local authorities in their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users.

(1) By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users.

§4197E. Inspecti g Bicycles

A uniformed police officer may at any time upon reasonable cause to believe that a bicycle is unsafe or not equipped as required by law, or that its equipment is not in proper and adjustment or repair, require the person riding the bicycle to stop and submit the bicycle to an inspection and such test with reference thereto as may be appropriate.

§4198. Lamps and Other Equipment on Bicycles

(a) Every bicycle when in use at nightime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front.

(a) Every bicycle shall be equipped with a red reflector of a type approved by the Department which shall be visible for 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.

(b) Every bicycle when in use at nighttime shall be equipped with reflective
material of sufficient size and reflectivity to be visible from both sides for 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle, or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least 500 feet.

(a) A bicycle or its rider may be equipped with lights or reflectors in addition to those required by the foregoing subsections.

(a) Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

§4198A. Bicycle Identifying Number

A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame.

§4198B. Ule of Earplugs Restricted

(a) A person shall not drive a bicycle with earplugs in both ears or while wearing a headset covering both ears.

(b) A prosthetic device which aids the hard of hearing is not an earplug or a headset under this section.

§4198C. Human Powered Vehicles

Human powered vehicle shall mean that certain class of vehicles which are exclusively human-powered by means of foot pedals and which the driver normally rides astride. Adult cycles are included but all children's cycles are excluded as are all toys and all vehicles of whatever nature that require the driver to place a foot or other ojbect on the ground to cause motion.

Approved July 14, 1987.