MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Transportation
By: Representatives Barker, Bell, Jones (111th), McGee, Rogers (14th), Johnson, Turner
AN ACT TO CREATE THE JOHN PAUL FRERER SAFETY ACT; TO PROVIDE THE RIGHTS AND DUTIES OF THOSE PERSONS OPERATING BICYCLES ON ANY ROADWAY OR HIGHWAY OR PATH SET ASIDE FOR BICYCLES; TO SET FORTH THE RIGHTS AND DUTIES OF THE OPERATOR OF A MOTOR VEHICLE WITH RESPECT TO BICYCLES; TO PROHIBIT CERTAIN ACTIVITIES; TO REQUIRE BICYCLES TO BE EQUIPPED WITH CERTAIN SAFETY AND OTHER FEATURES; TO AMEND SECTIONS 63-3-207, 63-3-601, 63-3-609 AND 63-3-1112, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The provisions of this act shall be cited as the "John Paul Frerer Safety Act."
SECTION 2. The provisions of Sections 1 through 9 of this act apply to bicycles whenever they are operated upon any roadway or highway, or upon any path set aside for the exclusive use of bicycles.
SECTION 3. A person riding a bicycle upon a roadway must be granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle, except as may be otherwise provided in Sections 1 through 9 of this act.
SECTION 4. For purposes of this section, "bicycle lane" means a portion of the roadway or a lane separated from the roadway that has been designated by striping, pavement markings and signage for the preferential or exclusive use of bicyclists.
Whenever a bicycle lane has been provided adjacent to a roadway, the operator of a motor vehicle may not block the bicycle lane to oncoming bicycle traffic and shall yield to a bicyclist in the bicycle lane before entering or crossing the lane, except that this provision shall not apply to vehicles engaged in providing public services, including, but not limited to, fire engines, police vehicles, ambulances, public utility vehicles, waste management trucks and tow trucks.
SECTION 5. (1) Every bicyclist operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable except when unsafe to do so.
(2) A bicyclist may proceed straight in a place where right turns are permitted.
(3) When operating a bicycle upon a roadway, a bicyclist must exercise due care when passing or overtaking a vehicle that is standing or proceeding in the same direction.
(4) Bicyclists riding bicycles upon a roadway shall not ride more than two (2) abreast, except on paths or parts of roadways set aside for exclusive use of bicycles or as otherwise provided by law.
(5) A bicyclist may ride in a lane other than the right-hand lane when preparing for a left turn at an intersection or into a private road or driveway.
(6) A bicyclist may ride in a lane other than the right-hand lane when reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards (broken pavement, glass, sand, puddles and ice), or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. 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.
SECTION 6. An operator of a motor vehicle shall maintain at all times a safe operating distance between the motor vehicle and a bicycle. An operator of a motor vehicle that is passing a bicyclist proceeding in the same direction shall exercise due care by leaving a distance of not less than three (3) feet while the motor vehicle is passing the bicycle. A motor vehicle operator may pass a bicycle traveling in the same direction in a nonpassing zone with the duty to execute the pass only when it is safe to do so and only when the left lane is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit overtaking to be completed without interfering with the safe operation of an approaching vehicle. Further, the operator of a vehicle that passes a bicyclist proceeding in the same direction may not make a right turn at any intersection or into any highway or driveway unless the turn can be made with reasonable safety.
SECTION 7. Any person who maliciously and knowingly harasses, taunts, or throws an object at or in the direction of any person riding a bicycle shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of One Hundred Dollars ($100.00) for the first offense; a fine of Five Hundred Dollars ($500.00) for a second offense; and a fine of Two Thousand Five Hundred Dollars ($2,500.00) and imprisonment for seven (7) days in the county jail for the third offense.
SECTION 8. (1) A bicyclist shall indicate a right turn by extending the left arm upward, by raising the left arm to the square, or by extending the right arm horizontally to the right.
(2) A bicyclist shall indicate a left turn by extending the left arm horizontally.
(3) A bicyclist shall indicate stopping or decreasing speed by extending the left arm or the right arm downward.
(4) A bicyclist is not required to give the signals provided for in subsections (1) through (3) of this section continuously, if the hand or arm is needed to control the bicycle.
SECTION 9. (1) An authorized police patrol bicycle used as a part of a police bicycle patrol may exercise the privileges of an emergency vehicle.
(2) An authorized police patrol bicycle may be equipped with a siren or the officer may utilize a whistle in the performance of his duties, or both.
SECTION 10. Section 63-3-207, Mississippi Code of 1972, is amended as follows:
63-3-207. Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon a highway shall have all of the rights and all of the duties applicable to the driver of a vehicle under this chapter, except those provisions of this chapter which by their nature can have no application, and except as may be otherwise provided for a person riding a bicycle in Sections 1 through 9 of this act.
SECTION 11. Section 63-3-601, Mississippi Code of 1972, is amended as follows:
63-3-601. Upon all roadways of sufficient width a vehicle shall be driven upon the right one-half (1/2) of the roadway, except as otherwise provided for bicycles in Sections 1 through 9 of this act, and except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(b) When the right one-half (1/2) of a roadway is closed to traffic while under construction or repair;
(c) Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or
(d) Upon a roadway designated and signposted for one-way traffic.
SECTION 12. Section 63-3-609, Mississippi Code of 1972, is amended as follows:
63-3-609. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the provisions of Sections 1 through 9 of this act regarding bicycles, and to those limitations, exceptions and special rules otherwise provided in this article:
(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
(c) An operator of a motor vehicle that is passing a bicyclist proceeding in the same direction shall exercise due care while the motor vehicle is passing the bicycle. A motor vehicle operator may pass a bicycle traveling in the same direction in a no-passing zone with the duty to execute the pass only when it is safe to do so. Additionally, the operator of a vehicle that passes a bicyclist proceeding in the same direction may not make a right turn at any intersection or into any highway or driveway unless the turn can be made with reasonable safety.
SECTION 13. Section 63-3-1112, Mississippi Code of 1972, is amended as follows:
63-3-1112. Notwithstanding other provisions of this chapter or Sections 1 through 9 of this act, or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.
SECTION 14. This act shall take effect and be in force from and after July 1, 2010.