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Bike Safe Boston: a Boston biking blog, written by a lawyer specializing in bike law

Wait for an Ambulance, So You Won’t Need One

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Shitty AI-generated image of the average Boston commute, very high accuracy.

Thanks to our many hospitals, encountering ambulances running code 3 is super common in Boston. There are plenty of areas where it happens many times a day—Cambridge Street, Mass Ave in the South End, and basically anywhere in Longwood, to name a few. So, what should you do if you’re riding and you hear a siren behind you?

You should pull over and STOP!

Keep reading

I've been noticing more and more delivery workers riding motorcycles in the bike lanes here. When I try to politely point out to them that they should be using the usual traffic lanes they seem surprised, and not belligerent. I am imagining that the companies that hire them simply do not inform them of this. Is there anything we can do about this? Is there a Boston dept of bicycle safety that could talk to the hiring companies?

Asked by
orasfarasiget

Just because it has two wheels and a motor/engine, does not make it a motorcycle. I have a feeling that the vehicles you’re describing are not actually true motorcycles, but rather motorized scooters/motorized bicycles. If that is the case, they are in fact permitted to ride in bike lanes, as long as the engine displacement is under 50cc’s.

Could I be cited for failing to stop on my bicycle after making contact with someone’s car? It’s not clear to me whether MGL chapter 90 section 24(2)(a) applies to bicycles. If I make contact with a car, and I am not hurt and the car is not damaged, there are many cases where I would not feel safe sticking around an angry driver and would prefer to leave the scene for my own safety. Could I be cited for doing that?

Asked by
whatsupwhatsupwhatsup

Legally speaking, I would say no. The statute refers to “motor vehicles,” which is defined in §1 of chapter 90 as “all vehicles constructed and designed for propulsion by power other than muscular power.” It goes on to further specify that “[t]he definition of “Motor vehicles” shall not include electric bicycles or motorized bicycles.”

The thing is, I can’t guarantee you won’t be cited under this chapter. Most cops don’t actually understand the law, so they might not grasp the above distinction. It seems unlikely, though.

Bike Habits: Crossover

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One of the habits that I have developed while riding in the city is something you really should try. It is deceptively simple, but it’s made me a better and safer cyclist. Here’s the deal: any time I see a car ahead of me with its turn signal on, I instinctively try to position myself on the car’s non-blinking side. That’s it. I call it a crossover.

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Hi Josh, at many intersections, pedestrian traffic in a given direction is given a walk signal several seconds before vehicle traffic moving in the same direction. Can a biker waiting at a red light go when the same-direction pedestrians get a walk signal (ie not cutting across pedestrian traffic), or should the biker wait for the green light? "Bikes are vehicles" would make me think wait, "bikers can usually ride on sidewalks" would make me think go, I'm not a lawyer so I'm asking one. Thanks!

Asked by
Anonymous

Good question, easy answer: bikes need to wait for the green light. The walk signal is for pedestrians, and cyclists in traffic are not pedestrians. I always thought this should be more obvious, since the walk signal is a picture of a little person on foot, and that’s not what a bike rider looks like (duh). But I get how it can be confusing when you’re waiting for the light to change and you see a bunch of bikers go on the walk signal. Anyway, now you know definitively!

One caveat: If you want to cross on the walk signal, you need only dismount from your bike. Boom, instant pedestrian!

Hi Josh, in MA is it always the case that a right-turning vehicle must yield to a person on a bike going straight? In other words, what should I do if a car ahead of me starts turning right and in doing so blocks the bike lane?

Asked by
Anonymous

Yes. Well, kinda. The right hook law in MA (See, MGL Ch. 90 §14) applies when the car overtakes the cyclist, which does not describe all right hooks.  However, there’s also the general principle of safely changing lanes, as described in Ch. 89 §4A.  It states the following:

When any way has been divided into lanes, the driver of a vehicle shall so drive that the vehicle shall be entirely within a single lane, and he shall not move from the lane in which he is driving until he has first ascertained if such movement can be made with safety.  [emphasis mine] 

Even though cars can’t drive in bike lanes, I would argue that they would still be considered travel lanes under this statute. Therefore, drivers have a duty to make sure it’s safe before they try and cross the bike lane to make their right turn. So, even if a car did not pass you prior to turning right into you or in front of you, I would say it’s still their fault for not checking before making their turn.

Now, as to your question about what you should do if a car ahead of you starts turning right, I would suggest you apply the brakes. If that doesn’t work, give me a call.

-JZ

Further reading: The Right Hook

Hi Josh, I was wondering if you could speak to the rights you have, or not have, to bike on the sidewalk. In CBDs/Downtown that is not allowed, but outside it is allowed to bike on the sidewalk in my understanding, unless there is a separated bike facility present. Thanks!

Asked by
Anonymous

Yeah, that’s pretty much it!  A bit more detail:

-under the law (Ch. 85 §11B), you can only ride on the sidewalk if it’s “in the interest of safety,”  but it pretty much always is. Just keep in mind that you shouldn’t be riding there in the interest of speed or convenience or something.

-you have to yield to pedestrians when riding on the sidewalk, and you need to signal audibly (best done with a bell) when passing a pedestrian.

-a “central business district” is a vague term, and you shouldn’t have to define it. Instead, just look for signs that say you can’t ride on the sidewalk. No signs, no problem.

Help some researchers, if you want

A researcher from Harvard asked if I could help spread the word about a study they’re doing on bike share programs, and I said, “sure.”  So here’s the info:

Harvard School of Public Health is launching a research study on bikeshare programs throughout metro Boston. We are recruiting individuals who have used a bikeshare (specifically Bluebikes) in the past month, as well as those who have never used the program. Participants will take an online survey asking about reasons and barriers to participation, and effects on physical activity. A $10 gift card will be given to those who successfully complete the survey.

For more information: https://projects.iq.harvard.edu/bostonbikestudy

Hello, I biked on the Cape Cod Rail Trail, where crosswalks had a stop sign and a sign that said state law is to walk your bike across the crosswalk; do not ride. I had not seen these signs before. I have ridden other rail trails that did not have these signs For example, Minuteman Commuter Bikeway does not have these signs. If it is state law, shouldn’t all rail trail crosswalks have these signs? Does this law apply only to rail trails?

Asked by
Anonymous

Good question.  As far as I know, the signs you saw are mostly correct, insofar as they’re conveying the fact that crosswalks do not offer any legal protection to cyclists under Massachusetts law.  However, it’s not technically illegal to ride a bike in a crosswalk—you don’t have to walk your bike.  But given the legal status of crosswalks in the Commonwealth, it’s certainly a good idea.

You can read more about the specifics of this issue here.

What should I do if I got hit by a car, got driver's name and number but not plate, and didn't get the police there and it's a day later?

Asked by
Anonymous

Hmm, tricky situation. Email me.

Is it legal to ride a bicycle on Storrow Drive? There are 'Cars Only' signs, but do those prohibit bicycles? They don't seem to prohibit motorcycles, and seem to be mostly to keep the big moving trucks that get 'storrowed' out.

Asked by
Anonymous

Interesting question.  The relevant statute is MA General Law Ch. 85 § 11B, which states that bicyclists have the “right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted.”  Elsewhere in the Commonwealth, highway onramps tend to feature signs with pictograms indicating no bikes, horses, or pedestrians, but for some reason the ones on Storrow Drive aren’t as explicit.  They simply say “Cars Only,” and “No buses or trucks over 2 ½ tons.”  As you’ve pointed out, that doesn’t really count as “specifically prohibiting bicycles.”  I hesitate to say that this means that bikes are allowed on Storrow Drive, as riding there outside of Hub On Wheels is an exceedingly bad idea.  However, unless I’m missing the sign on Streetview, it appears that it’s technically legal.  I’d ask MassDOT first, though.

Since children are allowed to ride bikes on sidewalks, are they also allowed to ride their bikes in crosswalks?

Asked by
Anonymous

Nobody is prohibited from riding in crosswalks; we’re just not given any additional rights in them (like the pedestrians get). Also: adults can ride on the sidewalk too, if it’s in the interest of safety.