Operation of Bicycles on the Roadways of Pennsylvania

Operation of Bicycles on the Roadways of Pennsylvania[1]

Dale G. Larrimore, Esquire

Larrimore & Farnish, LLP

            The general rule in Pennsylvania, as in most states, is that every person riding a bicycle upon a roadway must be granted all of the rights and must be subject to all of the duties applicable to the driver of any vehicle.[2] With a few minor exceptions, every person operating a pedalcycle upon a highway shall obey the applicable rules of the road as contained in the Vehicle Code. A bicyclist must have the bike under such control that he or she can stop or turn it and avoid collision with persons or other vehicles.[3]

            Although vehicles proceeding at less than normal speed of traffic are normally required to be driven in the right-hand lane then available for traffic, this rule does not apply to a bicycle that is using any portion of an available roadway due to unsafe surface conditions, or when overtaking and passing another vehicle proceeding in the same direction, or when preparing for a left turn at an intersection or driveway, or when using a roadway that has a width of not more than one lane of traffic in each direction.[4] A pedalcycle may also be operated on the shoulder of a highway, but it must be operated in the same direction as required of vehicles operated on the roadway.

            Operating a bicycle the wrong way on a one-way street is a violation of Section 3308[5] of the Vehicle Code. This violation occurs at the moment a motorist or a bicyclist actually travels in the wrong direction and a police officer has probable cause to stop the driver of such a vehicle on observation of it proceeding in the wrong direction for any distance.[6]

            Bicyclists are exempt from some of the provisions of the code that would otherwise control their activities. While vehicles may not be operated upon sidewalks, this section of the code specifically excludes “human-powered vehicles.”[7] While sections of the Vehicle Code pertaining to “vehicles” would apply to bicycles, any section that pertains to “motor vehicles” would, by definition, not apply to a bicycle.[8] Other sections of the code specifically exclude bicycles from activities that are permitted for motor vehicles; such as prohibiting bicycles from the use of freeways.[9] 

            All vehicular turns, including turns by a bicyclist, shall be made in accordance with Section 3331 of the Vehicle Code[10] (relating to required position and method of turning). Any bicycle that is being operated at slower than a prevailing speed must be operated in accordance with the provisions of Section 3301 of the Vehicle Code (relating to driving on right side of roadway) unless it is unsafe to do so.[11]

            If a bicyclist is a minor teenager, he or she is considered capable of appreciating the dangers that are incident to street travel.[12]  However, the parent of any child is responsible if the parent knowingly permits his or her child to violate the provisions of the Vehicle Code.[13]

            A bicycle is a “vehicle” under the Vehicle Code and the operator of a bicycle is subject to prosecution for driving under the influence of alcohol or a controlled substance.[14] Prior to amendments in the Vehicle Code effective on February 1, 2004, the Implied Consent Law[15] only applied to “motor vehicles,” but Section 1547(a) of Vehicle Code now applies to all vehicles, not just motor vehicles. The Commonwealth Court has held that it was “clearly the Legislature's intent to require those operating bicycles on the highway to comply, in pari materia, with the provisions of the Code relating to the safe operation of motor vehicles on the highway.”[16]

            Operators of bicycles are not permitted to carry any package or article that would prevent the operator from keeping at least one hand upon the handlebars.[17] Since a bicycle is a vehicle under the Vehicle Code, bicycle operators must comply with Section 4903, prohibiting the operation of a vehicle if it is loaded in such a manner that any of its load would be dropped.[18] The operator of a bicycle must use the permanent and regular seat and no pedalcycle may be used to carry more persons at one time than the number for which it is designed and equipped.[19]  The Vehicle Code also establishes the required equipment that must be maintained on bicycles when they are operated on highways.[20]

            A person under 12 years of age is not permitted to operate, or ride as a passenger on, a bicycle unless the person is wearing a pedalcycle helmet meeting the standards of the American National Standards Institute, the American Society for Testing Materials, the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling or any other nationally recognized standard for pedalcycle helmet approval.[21]

            While bicycles may be parked on sidewalks or roadways, they must not be parked in such a manner as to obstruct the movement of a legally parked motor vehicle, or in any other manner that conflicts with the rules regarding the parking of motor vehicles.[22]

            Drivers of motor vehicles are permitted to overtake and pass a bicycle proceeding in the same direction, but they must pass on the left at a safe and prudent speed and at a safe distance of not less than four feet from the bike.[23] Finally, it should be noted that a provision of the Vehicle Code regarding the operation of motor vehicles also has specific application to a common vehicle-bicycle type of accident, in which a bicyclist runs into an opened door of a parked car. “No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic ....”[24]  Although a motorist or passenger has a right to step out of his or her vehicle and onto a roadway, there is a duty to look for approaching traffic, including bicycles, when doing so, and he or she must continue to look and exercise reasonable care under the circumstances.[25]

---

[1] For a more thorough and detailed analysis of Pennsylvania law controlling the operation of vehicles through intersections, see Dale G. Larrimore, Pennsylvania Rules of the Road, § 8:4 (West’s PennsylvaniaPractice Series, Vol. 13) (2015-2016).

[2]  75 Pa.C.S. §3501; Com. v. Ibrahim, 127 A.3d 819 (Pa.Super. 2015), appeal denied, 138 A.3d 3 (Pa. 2016), Com. v. Sisca, 245 Pa. Super. 125, 369 A.2d 325 (1976); Slosky v. Wood, 41 West 243 (1960).

[3]  Corter v. Hanna, 32 Del. Co. 13 (Pa. C.P. 1943).

[4] 75 Pa.C.S. §3301.

[5] 75 Pa.C.S. §3308 (Upon a roadway designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic-control devices.”)

[6] Com. v. Ibrahim, 127 A.3d 819 (Pa.Super. 2015), appeal denied, 138 A.3d 3 (Pa. 2016).

[7]  75 Pa.C.S. §3703. However, Section 3508 of the Vehicle Code provides that bicycles shall not be operated “upon a sidewalk in a business district unless permitted by official traffic-control devices, nor when a usable pedalcycle-only lane has been provided adjacent to the sidewalk.” 75 Pa.C.S. §3708. Additionally, local governments may enact ordinances prohibiting certain activities regarding bicycles. See 12-808 of the Philadelphia Code, prohibiting anyone 12 years of age or older from riding a bike on any sidewalks in the City.

[8] See 75 Pa.C.S. §102.

[9] 75 Pa.C.S. §3511, with limited exceptions as contained in this section of the code.

[10] 75 Pa.C.S. §3331.

[11] 75 Pa.C.S. §3505(a) to (c) and 75 Pa.C.S. §3301. (For additional clarification of this rule, see the unpublished memorandum opinion by Ford Elliott, P.J.E., in Com. v. Smith, 2016 WL 1545541 (Pa. Super. 2016)).

[12] Lopo v. McFadden, 30 Luz. L. Reg. Rep. 279 (1947).

[13] 75 Pa.C.S. §3503.

[14] Com. v. Brown, 423 Pa. Super. 264, 620 A.2d 1213 (1993).

[15] 75 Pa.C.S. §1547(a) (“Any person who drives, operates or is in actual physical control of a vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if the police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a vehicle ... [while under the influence of alcohol or a controlled substance.]”)

[16] Bilka v. Com., Dept. of Transp., Bureau of Driver Licensing, 92 A.3d 1253 (Pa. Commw. Ct. 2014).

[17] 75 Pa.C.S. §3506.

[18] 75 Pa.C.S. §4903(a); Com. v. Brown, 423 Pa. Super. 264, 620 A.2d 1213 (1993).

[19] 75 Pa.C.S. §3504 (except that an adult rider may transport a child in a pedalcycle or in a trailer towed by a pedalcycle).

[20] 75 Pa.C.S. §3507 (e.g. lights, reflectors, brakes and audible signal devices).

[21] 75 Pa.C.S. §3508.

[22] 75 Pa.C.S. §3509.

[23] 75 Pa.C.S. §3303(a)(3).

[24] 75 Pa.C.S. §3705.

[25] Heath v. Klosterman, 343 Pa. 501, 23 A.2d 209 (1941).

School Buses

School buses

Dale G. Larrimore, Esquire
Larrimore & Farnish, LLP
www.larrimorefarnish.com

            Passing a school bus — do you know the rules? Another school year has started. Perhaps it is a good time for a refresher.

The rule that every driver should know is that you must stop whenever a school bus is stopped to allow children to board or leave the bus. That is the easy part. It becomes more difficult deciding exactly when stops are required and how far back you need to stop. When a school bus is stopped on the road with its red signal lights flashing and the side stop signal arms activated, the operator of any vehicle overtaking the bus or meeting it when coming in the opposite direction must stop at least ten feet before reaching the school bus and must remain stopped until the school children who have gotten off the bus have reached a place of safety.[1]  A motorist is not required to stop until the red flashers on the school bus have been activated, since a motorist cannot know whether it is stopped to discharge or receive school children without such notice.[2]  The concern, of course, is that a child may cut across all traffic lanes to board, or after leaving, the bus. The driver cannot proceed until the red lights quit flashing and every child going to or from the bus has reached a point of safety.

What if you are on a motorcycle or a bicycle? That counts. The key word here is vehicle. Both are considered to be vehicles under the Pennsylvania Vehicle Code.

            Now here is the question that probably creates the most confusion for drivers. What do you do when the bus is approaching you from the opposite direction on a multi-lane roadway? When do you have to stop and when don’t you? It is important to recognize that the above rule does not apply to divided highways. So what is a divided highway?

Where there are “separate roadways,” a driver is not required to stop on meeting or passing a school bus with active red signals that is on a different roadway.[3] A “separate roadway” is defined in the Pennsylvania Code to be a highway that is divided into two or more roadways, with a physical barrier or clearly indicated dividing section between the roadways.[4] To qualify as a separate roadway, there must be a physical barrier or a clearly indicated dividing section separating the two halves. Physical barriers include a concrete median barrier, metal median barrier and non-mountable curbing. Clearly indicated dividing sections include concrete mountable curbs, trees, shrubs, rocks, boulders, a stream or grass. But mere pavement markings or “singing divisors” do not create separate roadways. (Yes, those rumble strips on the road are called singing divisors). Two painted double yellow lines separating the northbound lanes from the southbound lanes are not a physical barrier and the driver of a northbound vehicle can be convicted of passing a stop school bus that is in the southbound lane with the lights and stop signal arm activated.[5]

One might think that if you are not sure, you should just stop. However, where a school bus heading east on a four lane divided highway stopped to discharge children, a motorist who was driving in the westbound lanes was found to be negligent in stopping after his vehicle was then hit in the rear.[6]

What about school buses stopped at an intersection? The driver of a vehicle approaching an intersection at which a school bus is stopped must stop his vehicle at that intersection until the flashing red signal lights are no longer actuated.

School buses, or actually their passengers, have special protection provided through the Vehicle Code, and violating the rules with regard to passing a school bus is considered a “serious traffic offense.”[7] A violation can mean a fine of $100, a 60-day suspension of driving privileges and five points on the driver's record.

The statute mandating that motorists stop no less than ten feet before reaching a stopped school bus with its red signal lights flashing and the side signal arm extended, has been very strictly interpreted to favor the children of our Commonwealth. Although a motorist is not required to stop unless the red flashers on the school bus are in operation, a driver cannot excuse a failure to stop by arguing that she could not see the flashing lights due to their angle of view or other obstruction.[8]

The operator of a school bus is empowered by the Vehicle Code to report to the police any motorist who passes a stopped school bus, and the police may then issue a citation based on such a report.[9] When a school bus driver initiates legal action against a motorist for passing a stopped school bus, the bus driver must do so by filing a signed, written report including information pertaining to the identity of the alleged violator, the license number, color and body type of the vehicle, and the time and location of the violation.[10] The report of the school bus operator must be filed with the citation issued by the police.[11]

            We commonly recognize that school buses are painted yellow, but the Vehicle Code actually only mandates that they be painted with a “uniform color scheme,” with the label “School Bus” on both the front and rear.[12] Under the Vehicle Code of Pennsylvania, a school bus is any vehicle used to carry 11 passengers or more for the transportation of school students to or from schools or school-related activities.[13] When a school bus is being used for purposes other than the actual transportation of children to or from school or in connection with school activities, all markings indicating “school bus” must be covered and the driver may not use the flashing visual signals.[14]

            Every school bus must have its headlights on during the entire period that the school bus is in operation.[15] Every school bus operated in Pennsylvania must be equipped with a side stop signal arm, on the left side of the vehicle, with a flashing red light connected to the same circuits as the red visual signals on the bus and automatically activated whenever the bus is stopped with the red visual signals in use.[16] School buses must also be equipped with a crossing control arm on the front of the vehicle that is automatically activated whenever the bus is stopped with the red visual signals in use.[17] A mirror must be located on the front of the bus to permit the driver to see any pedestrian in front of the bus, along with rear view mirrors sufficient to provide the operator with a proper view of the sides and rear of the bus. Where a bus failed to have such equipment, and this failure was a proximate cause of an accident that resulted in the death of a child, the bus company may be guilty of homicide by vehicle.[18]

            The operator of a school bus on any trafficway is required to actuate the amber visual signals at a point not more than 300 feet nor less than 150 feet prior to making a stop to pick up or discharge school children. The amber signals may not be used by a bus driver unless the red visual signals are to be actuated immediately following, and the amber signals must remain in operation until the red visual signals are actuated.[19] The driver of any other vehicle meeting or overtaking a school bus on the same roadway with the amber visual signals actuated must proceed past the school bus with caution and be prepared to stop when the red signals are flashing.[20]

Because of the highly increased potential for tragedy should a school bus accident occur, the Department of Transportation has created special licensing requirements for operators and these are accepted as rational safety precautions.[21] School Bus drivers must complete a special course of instruction and pass an annual physical examination in order to remain qualified to operate these vehicles.[22]

For a more thorough and detailed analysis of Pennsylvania vehicle law concerning school buses, see Dale G. Larrimore, Pennsylvania Rules of the Road, Section 8:7, (West’s Pennsylvania Practice Series, Vol. 13) (2015-2016 edition).

---

[1] 75 Pa.C.S. §3345(a).

[2] Com. v. Bream, 73 Pa. D. & C.2d 110, (C.P. 1975).

[3] 75 Pa.C.S. §3345(g).

[4] 67 Pa. Code §104.2.

[5] Com. v. Russell, 784 A.2d 165 (Pa. Super. Ct. 2001).

[6] Bradley's Guardian v. Ritchie, 57 Lanc. L.R. 129 (Pa. C.P. 1960).

[7] 75 Pa.C.S. §3101(b) and 75 Pa.C.S. §3345.

[8] Com. v. Zankowski, 546 A.2d 1254 (Pa. Super. Ct. 1988).

[9] 75 Pa.C.S. §3345(a.1).

[10] Com. v. Fulmer, 621 A.2d 146 (Pa. Super. Ct. 1993).

[11] Id.

[12] 75 Pa.C.S. §4552(a).

[13] 75 Pa.C.S. §102.

[14] 75 Pa.C.S. §3345(f).

[15] 75 Pa.C.S. §4308.

[16] 75 Pa.C.S. §4552(b.1).

[17] 75 Pa.C.S. §4552(b.2)

[18] Com. v. McIlwain School Bus Lines, Inc., 423 A.2d 413 (Pa. Super. Ct. 1980).

[19] 75 Pa.C.S. §3345(d).

[20] 75 Pa.C.S. §3345(b).

[21] See 67 Pa. Code §§71.1 et seq.

[22] 75 Pa.C.S. §1509; Com., Dept. of Transp., Bureau of Traffic Safety v. Johnson, 478 A.2d 521 (Pa. Commw. Ct. 1984).