Share the road and the sidewalk
Wed, 08/07/2024 - 11:39am
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Learn to follow local bicycle laws
By:
Michael Patterson and Chris Mingledorff
One of the many advantages to life in the Lowcountry is the vast selection of outdoor opportunities, including travel by bicycle, rather it be a casual ride with the kids or a more strenuous exercise activity.
With the area’s extensive network of trails and bike-friendly roads, you would be challenged to run a short errand and not encounter numerous bicyclists.
We remain gleefully amazed at the number of bicycles which are parked each school day at the local Daniel Island and Philip Simmons schools.
However, as with any active community, understanding and adhering to local bicycle laws is essential to ensure safety and harmony among all. With that said, what are the laws?
BIKES ARE VEHICLES
In South Carolina, bicycles are legally considered vehicles. This designation means cyclists have the same rights and responsibilities as motorists and must adhere to the same rules of the road.
Cyclists must obey all traffic signals and signs, including stopping at red lights and stop signs and yielding to pedestrians at crosswalks. On Daniel Island and in certain Clements Ferry Road neighborhoods, this principle is particularly important due to the mixed-use nature of the roadways, which accommodate cars, cyclists, and pedestrians.
Cyclists are required to ride as far to the right as practicable, except when making a left turn, passing another vehicle, or avoiding hazards. On multi-lane roads, cyclists should use the rightmost lane that serves their destination.
While South Carolina does not mandate helmet use for all cyclists, it strongly encourages wearing helmets for safety. On Daniel Island, where families and young children frequently ride, wearing a helmet is especially advisable to prevent head injuries in case of accidents.
BIKES ON SIDEWALKS
If you are like us, amateur cyclists usually out for a casual ride, simply trying not to crash, then what about sidewalks?
The rules regarding bicycles on sidewalks are contained within Section 19-125 of the City of Charleston Municipal Code (all of DI is in the city). The general rule is that you are not permitted to ride a bicycle on any sidewalk.
However, there are some exceptions to this rule. Children 12 and under may ride on any sidewalk at any time so long as the bike has a wheel diameter of 24 inches or less.
Additionally, if the sidewalk has been designated by the Department of Traffic and Transportation as a shared-use path measuring at least 8 feet in width, then you can ride your bicycle on the sidewalk.
If the adjacent highway/roadway has a posted speed limit of 35 mph or more, then anyone can ride a bike on any sidewalk at any time; however, there aren’t any streets on Daniel Island where the speed limit is more than 25 mph.
MOTORIZED & ELECTRIC BIKES
Importantly, no one is permitted to use a motorized bicycle (this includes electric bicycles) on any sidewalk at any time. Electric bicycles are becoming increasingly popular, especially with kids 12 and under. If your child has an electric bicycle, they are not allowed to ride it on any of the sidewalks on Daniel Island.
South Carolina Code Section 56-1-10(29) uses the terms “Electric-assist bicycles” and “bicycles with helper motors” interchangeably, but they both mean electric bicycles.
This statute defines electric bicycles as any “low-speed electrically assisted bicycles…having fully operable pedals and an electric motor of no more than 750 watts, or one horsepower, and a top motor-powered speed of less than 20 miles an hour (20 mph)…(and) the electric motor disengages…when (the) brakes are (applied,) or the rider stops pedaling.”
This section further states that electric bicycles are not mopeds; and South Carolina Code Section 56-5-3520 specifically states that electric bicycles are subject to all
of the same rules as regular bicycles.
As it relates to electric bicycles, the main takeaways are as follows:
1. You cannot ride an electric bicycle on any sidewalk on Daniel Island regardless of your age.
2. Electric bicycles are subject to all of the same laws and regulations as regular bicycles; and, since you cannot ride an electric bicycle on the sidewalk, you must follow the same rules as bicycles on the roadway and obey all signs and signals, including stop signs.
3. An electric bicycle cannot have a motor of more than 750 watts, and the top speed must be less than 20 miles per hour (20 mph).
4. If your electric bicycle has a motor of more than 750 watts then you should be very careful, as your electric bicycle no longer falls within the definition of an electric bicycle and may be considered a moped, motorcycle or some other type of vehicle, which may have different rules and regulations, including requiring a driver’s license to operate.
Unless you are 12 or under with a non-motorized bike wheel diameter of 24 inches or less, or the sidewalk is at least 8 feet in diameter and designated a shared-use pass, then you cannot ride your bike on the sidewalk.
PEDESTRIANS & MISCELLANEOUS RULES
If you meet one of the exceptions listed above, then please remember that cyclists must yield the right of way to pedestrians and give an audible signal before overtaking and passing them.
With the popularity of headphones (for both bikers and pedestrians), it would be prudent to clearly announce your approach to another cyclist or pedestrian.
For night rides, bicycles must be equipped with a white front light visible from at least 500 feet and a red rear reflector or light visible from at least 50 feet. This law ensures that cyclists are visible to motorists and other road users in low-light conditions.
Another noteworthy law (which the authors routinely personally observe) – South Carolina law prohibits bicyclists from hanging on or attaching themselves to another vehicle.
Additional resources can be found on the City of Charleston’s website which contains a “Bike Safe” brochure, and you can also locate the city’s “Bike Right, Drive Right” which provides safety tips for both cyclists and motorists.
Chris Mingledorff and Michael Patterson are attorneys with Mingledorff & Patterson LLC on Daniel Island. For more information, go to mptrial.com.