Bicycle Safety - Unified Courts of Guam

Bicycle Safety - Unified Courts of Guam
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CH. 27 - BICYCLE SAFETY
CHAPTER 27
BICYCLE SAFETY
SOURCE: Entire chapter added by P.L. 31-189:1 (Feb. 27, 2012).
§27101.
§27102.
§27103.
§27104.
§27105.
§27106.
§27107.
§27108.
§27109.
§27110.
§27111.
§27112.
§27113.
Title.
Definitions.
Purpose.
Bicycle Safety Rules and Regulations.
Penalty.
Operation of a Bicycle.
Traffic Laws.
Riding on a Bicycle.
Clinging to Vehicle.
Riding on a Roadway or Bike Path.
Carrying Articles on a Bicycle.
Bicycle Lamps and Brakes.
Severability.
§ 27101. Title.
This Chapter may be cited or referred to as “The Bicycle Safety Act of
2012.”
§ 27102. Definitions.
For purposes of this Chapter:
(a) bicycle means a human-powered vehicle with two (2) wheels in
tandem designed to transport, by the action of pedaling, one (1) or more
persons seated on one (1) or more seat(s) on its frame. Bicycle also
includes a human-powered vehicle designed to transport by pedaling
which has more than two (2) wheels, where the vehicle is used on a
public highway or street, public bicycle path or other public right-ofway, but does not include a tricycle;
(b) operator means a person who travels on a bicycle seated on a
seat from which that person is intended to and can pedal the bicycle;
(c) passenger means any person who travels on a bicycle in any
manner except as an operator;
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(d) protective bicycle helmet or helmet means a piece of headgear
which meets or exceeds the minimum bicycle safety standards for
protective bicycle helmets set by the U.S. Consumer Product Safety
Commission (CPSC), American National Standards Institute (ANSI),
the American Society for Testing and Materials (ASTM), or the Snell
Memorial Foundation, or which is otherwise approved by the
Governor’s Highway Safety Representative, or his or her designee;
(e) public bicycle path means a right-of-way used primarily by
bicycles and pedestrians;
(f) restraining seat means a seat, separate from the seat of the
operator of the bicycle, that is fastened securely to the frame of the
bicycle and is adequately equipped to restrain the passenger in such seat
and protect such passenger from the moving parts of the bicycle;
(g) tricycle means a three (3)-wheeled human-powered vehicle.
(h) highway or street means the entire width between boundary
lines of every way publicly maintained, when any part thereof is open
to the use of the public for purposes of vehicular travel; and
(i) sidewalk means that portion of a street between the curb lines,
or the lateral lines of a roadway, and the adjacent property lines,
intended for the use of pedestrians.
§ 27103. Purpose.
The purpose of this Chapter is to reduce the incidence of disability and
death resulting from injuries incurred in bicycling accidents by requiring
that, while riding on a bicycle on highways, streets and sidewalks, all bicycle
operators and passengers wear approved protective bicycle helmets.
§ 27104. Bicycle Safety Rules and Regulations.
With regard to any bicycle operated over any highway, street or
sidewalk, it shall be unlawful:
(a) for any person to operate or be a passenger on a bicycle unless
at all times when so engaged such person wears a protective bicycle
helmet of a good fit, and fastened securely upon the head with the
straps of the helmet;
(b) for any person to be a passenger on a bicycle unless, with
respect to any person who weighs fewer than thirty-three (33) pounds,
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or is less than forty (40) inches in height, the person can be and is
properly seated in, and adequately secured to a restraining seat;
(c) 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 Subsections (a) or (b);
(d) to rent or lease any bicycle to or for the use of any person
unless:
(1) the person is in possession of a protective bicycle helmet
of good fit at the time of such rental or lease; or
(2) the rental or lease includes a protective bicycle helmet of
good fit, and the person intends to wear the helmet, as required by
Subsection (a), at all times while operating or being a passenger
on the bicycle;
(e) for any person to operate a bicycle during the evening hours
without either affixing retro reflective material to the bicycle or wearing
retro reflective accessories or articles of clothing; and
(f) for any person to transport a child under the age of one (1) year
on a bicycle.
§ 27105. Penalty.
(a) Except as provided in Subsection (b), any adult person violating any
requirements set forth in § 27104, commits a violation and shall be assessed
a civil penalty of Fifty Dollars ($50.00).
(b) Upon commission of the first offense within a twelve (12)-month
period under § 27104(c), it shall be a defense that the accused has since the
date of the violation purchased or provided a protective bicycle helmet or a
restraining seat, and uses and intends to use or causes to be used or intends
to cause to be used the same as the law requires.
(c) In no event shall failure to wear a protective bicycle helmet or to
secure a passenger to a restraining seat be admissible as evidence in a trial of
any civil action.
(d) A law enforcement officer observing any violation of this Chapter
shall issue a warning to the violator for the first offense and a citation to the
violator for the second or subsequent offense, but shall not arrest or take into
custody any person solely for a violation of this Chapter.
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§ 27106. Operation of a Bicycle.
(a) It shall be a petty misdemeanor for any person to do any act
forbidden or fail to perform any act required in §§ 27106 - 27112.
(b) 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 Chapter.
(c) These regulations applicable to bicycles shall apply whenever a
bicycle is operated upon any highway or upon any path set aside for the
exclusive use of bicycles subject to those exceptions stated herein.
§ 27107. Traffic Laws.
(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 the Vehicle Code of Guam.
(b) The operator of a vehicle overtaking from behind, a bicycle
proceeding on the same side of a roadway shall pass to the left of such
bicycle at a safe distance until safely clear.
§ 27108. Riding on a Bicycle.
(a) A person propelling a bicycle shall not ride other than upon or
astride a permanent and regular seat attached thereto.
(b) No bicycle shall be used to carry more persons at one (1) time than
the number for which it is designed or equipped.
(c) No person shall play on a highway other than upon the sidewalk
thereof, or in any part of a roadway or use thereon roller skates, coasters or
any similar vehicle or toy or article on wheels or a runner, except in such
areas as may be specifically designated for that purpose.
§ 27109. Clinging to Vehicle.
(a) No person riding upon any bicycle, shall attach to said bicycle, roller
skates, or toy vehicle. No person riding upon any bicycle shall attach said
bicycle person’s own body, to any streetcar or vehicle upon a roadway.
(b) The provisions of this Section shall not be construed to prohibit the
attachment of a bicycle trailer or bicycle semitrailer to a bicycle if such
trailer or semitrailer is designed specifically for such purpose.
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§ 27110. Riding on a Roadway or Bike Path.
(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.
(2) This Subsection does not apply to a certified police cyclist
engaged in the lawful performance of duty relating to traffic control.
(b) (1) Persons riding bicycles upon a roadway shall not ride more
than two (2) abreast, except on paths or parts of roadways set aside for
the exclusive use of bicycles. Persons riding two (2) abreast shall not
impede the normal and reasonable movement of traffic and, on a laned
roadway, shall ride within a single lane.
(2) This Subsection does not apply to a certified police cyclist
engaged in the lawful performance of duty relating to traffic control or
in pursuit of an actual or suspected violator of the law.
§ 27111. Carrying Articles on a Bicycle.
No person operating a bicycle shall carry any package, bundle or article
which prevents the driver from keeping at least one (1) hand upon the
handlebars.
§ 27112. Bicycle Lamps and Brakes.
(a) Every bicycle, when in use at night, shall be equipped with a lamp
on the front which shall emit a white light visible from a distance of at least
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five hundred (500) feet to the front, and with a red reflector on the rear
which shall be visible from all distances from fifty (50) feet to three hundred
(300) feet to the rear when directly in front of lawful upper beams of head
lamps on a motor vehicle. A lamp emitting a red light visible from a distance
of five hundred (500) feet to the rear may be used in addition to the red
reflector.
(b) Every bicycle shall be equipped with a brake or brakes which will
enable its driver to stop the bicycle within twenty-five (25) feet from a speed
of ten (10) miles per hour on dry, level, clean pavement.
§ 27113. Severability.
If any provision of this law or its application to any person or
circumstance is found to be invalid or contrary to law, such invalidity shall
not affect other provisions or applications of this law which can be given
effect without the invalid provisions or applications, and to this end the
provisions of this law are severable.
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