BRAN-inc.org

[branadmin]

Hello BRANimals,
I did some digging and found someone who sent me the main Nebraska state statutes for bicycling. Here they are for your information. (I didn't see any where here where it says it is illegal to ride on a sidewalk. It did say that we have the same rights to ride on the road as a vehicle though.)

Here's to safe cycling!
-branadmin

Nebraska Revised Statutes, Portions of Chapter 60, Bicycle Related
April 9, 2010
http://uniweb.legislature.ne.gov/laws/laws-index/chap60-full.html
60-6,314. Nebraska Rules of the Road; applicability to persons operating bicycles.
(1) Any person who operates a bicycle upon a highway shall have all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under the Nebraska Rules of the Road except for special bicycle regulations in the rules, except for those provisions of the rules which by their nature can have no application, and except as provided in section 60-6,142.
(2) Regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside by the Department of Roads or a local authority for the exclusive use of bicycles.
Source:Laws 1973, LB 45, § 86; R.S.1943, (1988), § 39-686; Laws 1993, LB 370, § 410; Laws 1993, LB 575, § 19.
Cross References
Hand and arm signals, see sections 60-6,162 and 60-6,163.

Annotations
The statute requiring a driver of a vehicle emerging from a driveway onto a highway to yield the right-of-way to vehicles approaching on such highway applies to a 15-year-old boy riding a bicycle. McFarland v. King, 216 Neb. 92, 341 N.W.2d 920 (1983).

A bicyclist, pursuant to this section, is entitled to all the rights and subject to all the rules of the road governing the driver of a vehicle. Luellman v. Ambroz, 2 Neb. App. 855, 516 N.W.2d 627 (1994).

60-6,315. Riding of bicycles; prohibited acts.
(1) Any person who rides a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
(2) Any person who rides a bicycle shall not remove his or her feet from the pedals and shall have at least one hand on the handlebars at all times.
(3) Any person who operates a bicycle shall not carry any package, bundle, or article which prevents such operator from keeping at least one hand upon the handlebars.
(4) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
Source:Laws 1973, LB 45, § 88; R.S.1943, (1988), § 39-688; Laws 1993, LB 370, § 411.

60-6,316. Bicycles; clinging to vehicles; prohibited.
Any person who rides upon any bicycle shall not attach himself, herself, or the bicycle to any vehicle upon a roadway.
Source:Laws 1973, LB 45, § 89; R.S.1943, (1988), § 39-689; Laws 1993, LB 370, § 412.

60-6,317. Bicycles on roadways and bicycle paths; general rules; regulation by local authority.
(1) Any person who operates a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under conditions then existing shall ride as near to the right-hand curb or right-hand edge of the roadway as practicable except when:
(a) Overtaking and passing another bicycle or vehicle proceeding in the same direction;
(b) Preparing for a left turn onto a private road or driveway or at an intersection;
(c) Reasonably necessary to avoid conditions that make it unsafe to continue along the right-hand curb or right-hand edge of the roadway, including fixed or moving objects, stopped or moving vehicles, bicycles, pedestrians, animals, or surface hazards;
(d) Riding upon a lane of substandard width which is too narrow for a bicycle and a vehicle to travel safely side by side within the lane; or
(e) Lawfully operating a bicycle on the paved shoulders of a highway included in the state highway system as provided in section 60-6,142.
Any person who operates a bicycle upon a roadway with a posted speed limit of thirty-five miles per hour or less on which traffic is restricted to one direction of movement and which has two or more marked traffic lanes may ride as near to the left-hand curb or left-hand edge of the roadway as practicable. Whenever a person operating a bicycle leaves the roadway to ride on the paved shoulder or leaves the paved shoulder to enter the roadway, the person shall clearly signal his or her intention and yield the right-of-way to all other vehicles.
(2) Any person who operates a bicycle upon a highway shall not ride more than single file except on paths or parts of highways set aside for the exclusive use of bicycles.
(3) Except as provided in section 60-6,142, whenever a usable path for bicycles has been provided adjacent to a highway, a person operating a bicycle shall use such path and shall not use such highway.
(4) A local authority may by ordinance further regulate the operation of bicycles and may provide for the registration and inspection of bicycles.
Source:Laws 1973, LB 45, § 90; R.S.1943, (1988), § 39-690; Laws 1993, LB 370, § 413; Laws 1993, LB 575, § 20.

60-6,318. Equipment on bicycles; lights; brakes.
(1) When in use at nighttime, a bicycle shall be equipped with a light visible from a distance of at least five hundred feet to the front on a clear night and with a red reflector on the rear of a type which is approved by the Department of Motor Vehicles or a local authority and which is visible on a clear night from all distances between one hundred feet and six hundred feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle. A red light visible from a distance of five hundred feet to the rear may be used in addition to such red reflector.
(2) Any bicycle used on a highway shall be equipped with a brake or brakes which will enable the operator to stop the bicycle within twenty-five feet of the point of braking when moving at a speed of ten miles per hour on dry, level, clean pavement.
Source:Laws 1973, LB 45, § 91; R.S.1943, (1988), § 39-691; Laws 1993, LB 370, § 414; Laws 1993, LB 575, § 21.

60-6,319. Bicycles; reflective device or material; retail sale; requirements; violation; penalty.
No commercial dealer shall sell or offer to sell at retail any bicycle unless such bicycle is equipped with pedals which display a white or amber reflective device or material on both the front and rear surfaces of the pedal and such reflective surface is visible during the hours of darkness from four hundred feet when viewed from the front or rear under low beam headlights of a motor vehicle under normal atmospheric conditions.
All bicycles shall also be equipped with tires bearing a white or silver retroreflective material on each side or a wide-angle reflector mounted on the spokes of each wheel. Such retroreflective material shall be at least three-sixteenths of an inch wide, shall be affixed as an integral part of the tire or wheel, and shall remain effective for the life of the tire or wheel. The spoke-mounted, wide-angle reflector devices shall have a reflective surface of at least two square inches and shall be clear, amber, or red in color. Both the retroreflective tires and wide-angle spoke reflectors shall be visible during the hours of darkness from four hundred feet when viewed under low beam headlights of a motor vehicle under normal atmospheric conditions when the bicycle is traveling at a ninety degree right angle to the direction of travel of the motor vehicle and is directly in front of such motor vehicle. Such reflective devices shall remain visible when the bicycle is turned forty degrees in either direction from such angle and crosses directly in front of such motor vehicle at a distance of four hundred feet.
No commercial dealer shall sell or offer to sell at retail any bicycle which does not comply with this section. Any person who violates this section shall be guilty of a Class V misdemeanor.
Source:Laws 1974, LB 827, § 1; Laws 1976, LB 628, § 1; R.S.1943, (1988), § 39-6,138.01; Laws 1993, LB 370, § 415.

[Haythrower]

Lincoln has laws against riding on sidewalks in some sections, especially downtown. I thought the law was stupid when there were no pedestrians anywhere near, but the cop that busted me for illegal riding didn't agree. I wonder if that conviction is still on my rap sheet?

So based on those laws, unicycles are illegal since you can't keep any hands on the handlebar. I guess that I'll just have to hope the cops never get around to reading these laws....

[ladyhawke]

Hey Haythrower,
Does this mean the cops are going to arrest little kids who ride their bikes on the sidewalk? I've been riding on the sidewalks my whole like both here and in Missouri and I've NEVER had anyone say anything to me about it.
I want someone to show me in the statutes where it says it is illegal to ride on the sidewalks because on the statutes that were posted it said:

(3) Except as provided in section 60-6,142, whenever a usable path for bicycles has been provided adjacent to a highway, a person operating a bicycle shall use such path and shall not use such highway.

So if the only 'path' is the sidewalk then it makes sense to me that we can use it.

Show me the proof! Until then I will continue to ride on the sidewalk. the streets in Nebraska are NOT cycle friendly.

Time to Ride
-ladyhawke~

[Haythrower]

Good question…I think the parents are cited if an overzealous cop comes down on a kid for illegal biking, but I was 18 before I moved to Lincoln, so I didn’t have the opportunity to find out personally. As concerned as my Lincoln relatives and grade-school friends were about getting bikes registered and having riders know the prohibited areas, I just assumed the cops were looking for any opportunity to make a score and collect a little revenue. (case in point, I got busted for littering when I dropped a tissue from an ice cream cone on R street. It was good lesson, I used my pockets as trash cans from then on. Currently, Lincoln prides itself in citing college students that litter with liquids—specifically any student who is not privy to a privy and decides to relieve himself in an alley risks a littering fine.)

As for Lincoln’s laws, I found two sites that seem to conflict. The first is a city website that merely warns bikes to “Yield right-of-way to pedestrians on the sidewalk.”

http://lincoln.ne.gov/city/pworks/engine/traffic/schools/safety/safetips/bikelaw.htm


The second shows specific legal code that gives several instances of prohibitions on sidewalks.

http://cycleworksusa.com/merchant/1086/files/ch1048.pdf

10.48.170 Riding on Sidewalk and Sidewalk Space Regulated.
(a) Notwithstanding the provisions of subsection (b) of this section, it shall be unlawful for any person to ride a bicycle upon the sidewalks along any of the streets within the following bounds, to wit: (1) From the ..(streets deleted for brevity)…. The City Council may, by resolution, prescribe such further regulations for the use and operation of bicycles within the city as may be deemed proper, from time to time.

(b) It shall be unlawful for any person to operate a bicycle within any sidewalk space except:
(1) When the bicycle is being operated upon a sidewalk as defined in Section 10.02.340. (I couldn’t find 10.02.340 on line)
(2) When there is no sidewalk as defined in Section 10.02.340.
(3) When the sidewalk is obstructed by any means.
(4) At a permanent or temporary driveway

So am I reading section B, items 3 and 4 correctly?

“It shall be unlawful for any person to operate a bicycle within any sidewalk space except when the sidewalk is obstructed by any means.”

“It shall be unlawful for any person to operate a bicycle within any sidewalk space except at a permanent or temporary driveway.”

I don’t have proof that this is the actual code, but if it is, I don’t think the city council read through what they wrote before they passed it into law.

[Soylent Green0018]

OK, how does one ride on a sidewalk that doesn't exist?

(b) It shall be unlawful for any person to operate a bicycle within any sidewalk space except:
(2) When there is no sidewalk as defined in Section 10.02.340.

Or when the sidewalk is obstructed?
(3) When the sidewalk is obstructed by any means.

I take '(4) At a permanent or temporary driveway' to mean that one can ride on the sidewalk at the end of a driveway, like for kids that ride up and down the drive, turning around at the street... But then that seems to imply that riding on the sidewalk anywhere else is illegal

Like I posted on another page discussing a similar issue, I tend not to ride on the sidewalk. I have found that it is (A) slower, (B) uncomfortable, (C) extremely dangerous to me and others!

Sidewalks simply put are for pedestrians, kids, and cyclists who aren't trying to get anywhere fast. Most sidewalks are in poor condition and the inconsistency of curb cut placements (if they even have them!) is frustrating and potentially dangerous. Some of them are straight on, others at an angle, and the worst is when they are combined into one at a 45 degree angle to both directions of travel

Also, they only time I have made contact with a vehicle while on my bike was when a car backed out of a drive in front of me and I ended up on the trunk lid... but I have had so many close calls what with people turning in front of me when I was on the sidewalk that I just don't do it much anymore. About the only time I do anymore is when it is raining and I would rather take my chances on the sidewalk that in the slick, wet streets.

[ReCycled]

I have to agree with Soylent in that I too tend to stay off the sidewalks. Its just too dangerous due to the cut-outs, or lack there of, and the poor repair many sidewalks are in.

I guess I've been lucky because I've not had the experience many of you have had with irate drivers. I know they're out there and I just hope I can continue to avoid them, or at least keep my cool when the time comes that I have to engage them.

I don't see things improving until the Omaha city leadership gets serious and supports us with bike lanes, particularly going east and west.

The driver's mentality seems so far off center that I'm not sure what could ever bring them back to a reasonable compromise.
_________________
"When I was a kid I used to pray every night for a new bicycle. Then
I realised that the Lord doesn't work that way so I stole one and
asked Him to forgive me."

[Haythrower]

Here is a battle currently raging in St. Charles County (located just west of where the Missouri River joins the Mississippi River, and home to sections of the “Tour of Missouri” race):

July 15 - http://www.stltoday.com/news/opinion/columns/the-platform/article_78fb7b90-9059-11df-8830-0017a4a78c22.html

Earlier reports
http://www.stltoday.com/news/state-and-regional/missouri/article_ce099b36-0b38-538f-834c-d31ac2f9d0db.html

http://www.stltoday.com/news/local/stcharles/article_cdc4c2a0-8bb1-11df-931d-0017a4a78c22.html

http://www.stltoday.com/news/local/stcharles/article_602384e2-8ecd-11df-8fc8-0017a4a78c22.html

http://www.stltoday.com/news/local/stcharles/article_40b21a16-8efe-11df-8e4f-00127992bc8b.html

The Katy Trail mentioned in these links is great for kids and people pulling tots in trailers, but there is no way it can handle a mix of fast riders among the crowd of hikers, joggers, and family bikers that already fill the trail in this region. The roads noted in these links are ones I won’t ride because I don’t want to become road kill. (In particular, DD is narrow and has sharp drop-offs, and several drivers have been killed by overcorrecting when their tires stray off the pavement. One pickup driver in that area was convicted for intentionally running over a biker, and those factors are enough to convince me to find other roads).

We have several paved trails intended for biking that run beside some major streets, but running faster than 15 mph on most of these trails will frequently send a bike airborne or the trails have excessively sharp corners for winding around light poles or turning out into intersections. I’ll ride these trails uphill if they are in good shape, but riding them downhill takes a braver biker than me! We’ve also had a few cases where drivers turn off the main road and run over bikers on bike trails simply because the drivers don’t look for traffic on the trails. In general, I feel like I have far less risk of serious injury when I am riding on the roads instead of sidewalks or trails in this region. I don’t think I’d be willing to ride downtown St. Louis, though, with the exception of events where they block the roads from motor traffic. Are St. Louis streets comparable to Omaha?

On the other side of the Mississippi, Illinois is currently making new laws to penalize dangerous drivers:

http://blogs.riverfronttimes.com/dailyrft/2010/07/illinois_cyclists_now_officially_protected_by_law.php

The comments on this blog show the degree of friction between bikers and drivers.

[Haythrower]

For those that bike in Omaha, this is an interesting article in today's Weird Harold:

http://omaha.com/article/20100908/NEWS01/100909637

[branadmin]

Hi Haythrower,
I think this is fabulous news for folks who live here in the city. I think we should have a BRAN representative contact this individual. Have him join us on tour this year. I think that all of the bike shops and cycling organizations in the metro area should support this new 'cycling advocate'.

Thanks for posting the link,
-branadmin