You are hereFinal word on the legality of biking the interstate: WE'RE GOOD!
Final word on the legality of biking the interstate: WE'RE GOOD!
I posted the following to the Austin LJ Community "discussion" regarding last Friday's Critical Mass highway ride. I'm going to be doing more follow-up with DPS as well to hear their take on the situation, but here's what I got from the Texas Department of Transportation:
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Ok y'all, I just got off the phone with the Austin media representative of TxDOT, and was told that currently it is 100% LEGAL to bike on a limited-access road, though STRONGLY NOT RECOMMENDED (his voice emphasized the big, bold lettering of that statement).
When specifically asked what the status was of on-ramps that are marked with an anti-bicycle sign (such as is the case on Mopac) he informed me that those signs which were put up by local municipalities are ILLEGAL, and that TxDOT is currently removing them wherever they're found.
The majority of their research into this issue took place last year when a gentleman in North Austin inquired about the legality of bicycling on the tollway:
http://www.cicle.org/cicle_content/pivot/entry.php?id=1701
Their findings were that (and this is a quote) "we cannot discriminate against bicycles at this time".
He did mention that ill-informed police officers may still ticket or arrest you if they spot you on the highway or interstate, but that it wouldn't stick. You may beat the rap, but you won't beat the ride.
So there you go. WE WIN, SUCKAS! Just kidding, I know you can be right, and still be "dead right". Just wanted to put the legality issue to bed by calling the source.
Update: I called TxDOT back just a moment ago to clear up a few small questions, mainly one about whether a posted minimum speed limit sign applied to non-motorized vehicles. This time I got to speak with Marcus Cooper and beyond confirming what his co-worker had told me previously, stated that bicycles are not bound by the minimum speed limit signs, as a non-motorized vehicle. He also allowed me to attach his name to his statement. You rule, Marcus!
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Ok y'all, highway free-for-all, this weekend!
Psych!
Since we're talking about potential laws being broken.
TC 551.103
"(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles."
So more than two abreast = no.
Impeding traffic (very subjective standard) = no.
Just thought I'd point those out, but I doubt many police officers really care. Most of the police officers I know have better things to do than harass a bunch of riders. (Yes, we all have horror stories about cops, but I like to give them the benefit of the doubt. It can't be easy to be in a job where everyone hates you until its an emergency.)
Right now the one law I know was broken is the minimum. That probably only if it was posted between the ramps used. On all interstate highways there is a minimum of 45 mph...now if that changed since last century I'm not sure or if that 'inner city stretch'is in some way different again i'm not sure...I wish I had come...late! PS you've done more in 15 minutes than the Right-way-riding-"cyclists" have in 15 years...FREEBORN
Don't get your hopes up too high. Here is the Texas Transportation Code ruling:
§ 545.065. STATE AND LOCAL REGULATION OF LIMITED-ACCESS
OR CONTROLLED-ACCESS HIGHWAYS. (a) The Texas Transportation
Commission by resolution or order recorded in its minutes may
prohibit the use of a limited-access or controlled-access highway
under the jurisdiction of the commission by a parade, funeral
procession, pedestrian, bicycle, electric bicycle, motor-driven
cycle, or nonmotorized traffic.
(b) If the commission adopts a rule under Subsection (a),
the commission shall erect and maintain official traffic-control
devices on the portions of the limited-access or controlled-access
highway to which the rule applies.
(c) A local authority by ordinance may prohibit the use of a
limited-access or controlled-access roadway under the jurisdiction
of the authority by a parade, funeral procession, pedestrian,
bicycle, electric bicycle, motor-driven cycle, or nonmotorized
traffic.
(d) If a local authority adopts an ordinance under
Subsection (c), the authority shall erect and maintain official
traffic-control devices on the portions of the limited-access or
controlled-access roadway to which the ordinance applies
As of right now, nothing has been passed. I do believe the city (local authority) has passed something or is about to. Once they do, we will be S.O.L. I ride the toll way now, and no problems yet, but after I talked to TxDOT, they too are working on an ordinance prohibiting it.