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Old 08-13-06, 04:34 PM   #1
oldokie
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Modified laws in Oklahoma related to bicycles

Oklahoma recently updated their motor vehicle statues to more comprehensively address bicycles. The changes eliminated obsolete language and redefined the term bicycle as noted below. Below are extracts that relate to bicycles….including where old language was edited out. Full text (includes text not related to bicycles) can be found at http://www.sos.state.ok.us/documents...2R/HB/2926.pdf

I am curious how this compares to laws in other states. Lots of individual judgment mixed in here. Will be interesting to see first court case tied to this new language. I suspect my definition of “is safe” would differ from a driver in a car.

1) ...... the term "bicycle" shall include tricycles, quadcycles, or similar human-powered devices, electric-assisted bicycles, and motorized bicycles unless otherwise specifically indicated. (More details in full text)
2) Every person operating a bicycle or motorized scooter 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 is safe to the right-hand curb or edge of the roadway, except under any of the following situations: (full text has list of exceptions like passing parked cars, road hazards, etc)
3) Any person riding a bicycle or motorized scooter upon a one-way street or highway with two or more marked lanes of travel may ride as close as is safe to the left-hand curb or edge of the street or highway.
4) No person operating a bicycle or motorized scooter shall pass other vehicles between lanes of traffic traveling in the same direction.
5) Persons riding bicycles or motorized scooters upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles or motorized scooters. Persons riding two abreast shall not impede the normal and reasonable flow of traffic and, on a laned roadway, shall ride within a single lane.
6) Deleted the following ..... "Wherever a usable path for bicycles or motorized scooters has been provided adjacent to a roadway, bicycle or motorized scooter riders shall use the path and shall not use the roadway if required by local, municipal or county ordinances."
7) (A) When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three (3) feet until the motor vehicle is safely past the overtaken bicycle. (B) If a person violates the provisions of subsection A of this section and the violation results in a collision causing serious physical injury to another person, the person shall be subject to a fine of not more than Five Hundred Dollars ($500.00). (C) If a person violates the provisions of subsection A of this section and the violation results in the death of another person, the person shall be subject to a fine of not more than One Thousand Dollars ($1,000.00), in addition to any other penalties prescribed by law.
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Old 08-13-06, 05:08 PM   #2
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SO basically in OK, injuring a cyclist costs $500, and killing a cyclist cost $1000? That's weak.
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Old 08-14-06, 03:07 AM   #3
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That's Outstanding, OldOkie.

You must have some excellent advocates to get that many legislative changes in one year.

GOOD JOB!! To them.
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Old 08-14-06, 05:56 AM   #4
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thumbs up - the one change that I really needed to see is on there (removal of the "must use the path" law)

I'm so shocked this state did something right, I'm not sure what to say. Of course, $1000 for a murder is still a little obscene. Maybe I'll start being a hitman. Charge 2 Gs a hit, make $1000 profit?
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Old 08-14-06, 10:06 AM   #5
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Actually, the $500 and $1000 fines for injuring/killing are "in addition to any other penalties prescribed by law". so it seems to me that if you're driving recklessly and hit a cyclist, you get the usual reckless driving penalties plus an extra $500 or $1000 fine.
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Old 08-14-06, 03:01 PM   #6
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Originally Posted by CommuterRun
You must have some excellent advocates to get that many legislative changes in one year.

GOOD JOB!! To them.
From what I understand it was pretty much the work of the Oklahoma Bicycle Coalition. Now we just have to get drivers to pay attention to the "bike path" and "3 foot" sections of the law.

SB
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Old 08-14-06, 03:19 PM   #7
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Good job getting the mandatory sidepath use law repealed. This example could be used by cyclists in South Carolina to lobby for repeal of their own mandatory sidepath use law.
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Old 08-14-06, 03:51 PM   #8
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Quote:
Originally Posted by markf
Actually, the $500 and $1000 fines for injuring/killing are "in addition to any other penalties prescribed by law". so it seems to me that if you're driving recklessly and hit a cyclist, you get the usual reckless driving penalties plus an extra $500 or $1000 fine.
Maybe, although It seems from the language that the additional penalties only apply to the death of another person.

I also think it's weak that a serious physical injury would only result in a $500 fine. The solace is that once the motorist has been convicted, you could use that evidence of a violation of the traffic laws to establsih negligence in a civil suit.
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