Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 255-H.F.No. 813 
           An act relating to bicycles; requiring bicycles using 
          a shoulder of a roadway to ride in the same direction 
          as adjacent vehicular traffic; redefining the term 
          roadway; defining the term shoulder; allowing 
          designation of bikeways by resolution or ordinance; 
          adopting additional definitions of bicycle terms; 
          amending Minnesota Statutes 1986, sections 85.016; 
          160.02, by adding a subdivision; 160.263, subdivisions 
          2 and 3; 160.264; 160.265; 169.01, subdivisions 31 and 
          62, and by adding subdivisions; and 169.222, 
          subdivision 4; repealing Minnesota Statutes 1986, 
          section 160.263, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 85.016, is 
amended to read:  
    85.016 [BICYCLE TRAIL PROGRAM.] 
    The commissioner of natural resources shall establish a 
program for the development of bicycle trails utilizing the 
state trails authorized by section 85.015, other state parks and 
recreation land, and state forests.  "Bicycle trails trail", as 
used in this section, includes bicycle lanes and bicycle ways as 
those terms are used in sections 160.263 and 160.264 has the 
meaning given in section 169.01.  The program shall be 
coordinated with the local park trail grant program established 
by the commissioner of energy and economic development pursuant 
to section 116J.406, with the bicycle trail bikeway program 
established by the commissioner of transportation pursuant to 
section 160.265, and with existing and proposed local bicycle 
trails bikeways.  In the metropolitan area as defined in section 
473.121, the program shall be developed in accordance with plans 
and priorities established by the metropolitan council.  The 
commissioner shall provide technical assistance to local units 
of government in planning and developing bicycle trails in local 
parks.  The bicycle trail program shall, as a minimum, describe 
the location, design, construction, maintenance and land 
acquisition needs of each component trail and shall give due 
consideration to the model standards for the establishment of 
recreational vehicle lanes promulgated by the commissioner of 
transportation pursuant to section 160.262.  The program shall 
be developed after consultation with the state trail council and 
regional and local units of government and bicyclists bicyclist 
organizations. 
    Sec. 2.  Minnesota Statutes 1986, section 160.02, is 
amended by adding a subdivision to read: 
    Subd. 15.  [ROADWAY; BICYCLE LANE; BICYCLE ROUTE; BICYCLE 
PATH; BIKEWAYS.] The terms "roadway," "bicycle lane," "bicycle 
route," "bicycle path," and "bikeway" have the meanings given in 
section 169.01. 
    Sec. 3.  Minnesota Statutes 1986, section 160.263, 
subdivision 2, is amended to read:  
    Subd. 2.  [POWERS OF POLITICAL SUBDIVISIONS.] The governing 
body of any political subdivision may by ordinance or resolution:
    (a) Designate any roadway or shoulder or portion thereof 
under its jurisdiction as a bicycle lane or bicycle route. 
    (b) Designate any sidewalk or portion thereof under its 
jurisdiction as a bicycle way path provided that the designation 
does not destroy a pedestrian way or pedestrian access. 
    (c) Develop and designate bicycle paths.  
     (d) Designate as bikeways all bicycle lanes, bicycle 
routes, and bicycle paths. 
    Sec. 4.  Minnesota Statutes 1986, section 160.263, 
subdivision 3, is amended to read:  
    Subd. 3.  [DESIGNATION OF LANE.] A governing body 
designating a sidewalk or portion thereof as a bicycle way, or a 
highway or portion thereof as a bicycle lane bikeway under this 
section may: 
    (a) (1) Designate the type and character of vehicles or 
other modes of travel which may be operated on a bicycle lane or 
bicycle way bikeway, provided that the operation of such vehicle 
or other mode of travel is not inconsistent with the safe use 
and enjoyment of the bicycle lane or bicycle way bikeway by 
bicycle traffic.; 
    (b) (2) Establish priority of right-of-way on the bicycle 
lane or bicycle way path and otherwise regulate the use of the 
bicycle lane or bicycle way bikeways as it deems necessary.; and 
    (c) (3) Paint lines or construct curbs or establish other 
physical separations to exclude the use of the bicycle lane or 
bicycle way bikeways by vehicles other than those specifically 
permitted to operate thereon. 
    The designating governing body may, after public hearing, 
prohibit through traffic on any highway or portion thereof 
designated as a bicycle lane or bicycle route, except that 
through traffic may not be prohibited on a trunk highway.  The 
designating governing body shall erect and maintain official 
signs giving notice of the regulations and priorities 
established under this subdivision, and shall mark all bicycle 
lanes and bicycle ways bikeways with appropriate signs.  Marking 
and signing of bikeways by the designating governing body shall 
be in conformance with the Minnesota Manual on Uniform Traffic 
Control Devices. 
    Sec. 5.  Minnesota Statutes 1986, section 160.264, is 
amended to read:  
    160.264 [REPLACEMENT OF BICYCLE BIKEWAYS AND PEDESTRIAN 
WAYS.] 
    Whenever an existing bicycle lane, bicycle way bikeway, 
pedestrian way, or roadway used by bicycles or pedestrians or 
the sole access to such is destroyed by any new, reconstructed 
or relocated federal, state or local highway, the road authority 
responsible shall replace the destroyed facility or access with 
a comparable facility or access.  Replacement is not required 
where it would be contrary to public safety or when sparsity of 
population, other available ways or other factors indicate an 
absence of need for such facility or access. 
    Sec. 6.  Minnesota Statutes 1986, section 160.265, is 
amended to read:  
    160.265 [BICYCLE TRAIL BIKEWAY PROGRAM.] 
    Subdivision 1.  [STATE BICYCLE TRAILS BIKEWAYS.] The 
commissioner of transportation shall establish a program for the 
development of bicycle trails bikeways primarily on existing 
road rights-of-way.  "Bicycle trails," as used in this section, 
includes bicycle lanes and bicycle ways as those terms are used 
in sections 160.263 and 160.264.  The program shall include a 
system of bicycle trails bikeways to be established, developed, 
maintained, and operated by the commissioner of transportation 
and a system of state grants for the development of 
local bicycle trails bikeways primarily on existing road rights 
of way.  The program shall be coordinated with the local park 
trail grant program established by the commissioner of energy 
and economic development pursuant to section 116J.406, with the 
bicycle trail program established by the commissioner of natural 
resources pursuant to section 85.016, with the development of 
the statewide transportation plan pursuant to section 174.03, 
and with existing and proposed local bicycle trails bikeways.  
In the metropolitan area as defined in section 473.121, the 
program shall be developed in accordance with plans and 
priorities established by the metropolitan council.  The program 
shall be developed after consultation with the state trail 
council, local units of government, and bicyclist 
organizations.  The program shall be administered in accordance 
with the provisions of sections 160.262 to 160.264 and standards 
promulgated pursuant thereto.  The commissioner shall compile 
and maintain a current registry of bicycle trails bikeways in 
the state and shall publish and distribute the information 
contained in the registry in a form and manner suitable to 
assist persons wishing to use the trails bikeways.  The 
metropolitan council, the commissioner of natural resources, the 
commissioner of energy and economic development, the Minnesota 
historical society, and local units of government shall 
cooperate with and assist the commissioner of transportation in 
preparing the registry.  The commissioner shall have all powers 
necessary and convenient to establish the program pursuant to 
this section including but not limited to the authority to adopt 
rules pursuant to chapter 14. 
    Subd. 2.  [LOCAL BICYCLE TRAIL BIKEWAY GRANTS.] The 
commissioner shall provide technical assistance to local units 
of government in planning and developing bicycle trails 
bikeways.  The commissioner shall make grants to units of 
government as defined in section 116J.406, subdivision 1, for 
the betterment of public land and improvements needed for local 
bicycle trails bikeways.  In making grants the commissioner 
shall consider, among other factors, the number of bicycles in 
the localities.  A grant shall not exceed 75 percent of the 
costs of the betterment of the bicycle trail bikeway.  To be 
eligible for a grant, a unit of government must provide at least 
25 percent of the costs of the betterment of the trail bikeway.  
The commissioner may adopt emergency rules pursuant to sections 
14.05 to 14.36 to commence the grant program immediately. 
    Sec. 7.  Minnesota Statutes 1986, section 169.01, 
subdivision 31, is amended to read:  
    Subd. 31.  [ROADWAY.] "Roadway" means that portion of a 
highway improved, designed, or ordinarily used for vehicular 
travel, exclusive of the sidewalk or shoulder even though such 
sidewalk or shoulder is used by persons riding bicycles or other 
human powered vehicles.  In the event a highway includes two or 
more separate roadways the term "roadway" as used herein shall 
refer to any such roadway separately but not to all such 
roadways collectively. 
    Sec. 8.  Minnesota Statutes 1986, section 169.01, 
subdivision 62, is amended to read:  
    Subd. 62.  [BICYCLE LANES AND WAYS ROUTE.] The terms term 
"bicycle lane route" and "bicycle way" shall have the meanings 
ascribed to them in section 160.263 means a roadway or shoulder 
signed to encourage bicycle use. 
    Sec. 9.  Minnesota Statutes 1986, section 169.01, is 
amended by adding a subdivision to read: 
    Subd. 69.  [BICYCLE PATH.] "Bicycle path" means a bicycle 
facility designed for exclusive or preferential use by persons 
using bicycles and constructed or developed separately from the 
roadway or shoulder. 
    Sec. 10.  Minnesota Statutes 1986, section 169.01, is 
amended by adding a subdivision to read: 
    Subd. 70.  [BICYCLE LANE.] "Bicycle lane" means a portion 
of a roadway or shoulder designed for exclusive or preferential 
use by persons using bicycles.  Bicycle lanes are to be 
distinguished from the portion of the roadway or shoulder used 
for motor vehicle traffic by physical barrier, striping, 
marking, or other similar device. 
    Sec. 11.  Minnesota Statutes 1986, section 169.01, is 
amended by adding a subdivision to read: 
    Subd. 71.  [BICYCLE TRAIL.] "Bicycle trail" means a bicycle 
route or bicycle path developed by the commissioner of natural 
resources under section 85.016. 
    Sec. 12.  Minnesota Statutes 1986, section 169.01, is 
amended by adding a subdivision to read: 
    Subd. 72.  [BIKEWAY.] "Bikeway" means a bicycle lane, 
bicycle path, or bicycle route, regardless of whether it is 
designed for the exclusive use of bicycles or is to be shared 
with other transportation modes. 
    Sec. 13.  Minnesota Statutes 1986, section 169.01, is 
amended by adding a subdivision to read: 
    Subd. 73.  [SHOULDER.] "Shoulder" means that part of a 
highway which is contiguous to the regularly traveled portion of 
the highway and is on the same level as the highway.  The 
shoulder may be pavement, gravel, or earth. 
    Sec. 14.  Minnesota Statutes 1986, section 169.222, 
subdivision 4, is amended to read:  
    Subd. 4.  [RIDING ON ROADWAYS OR SHOULDERS.] (a) Every 
person operating a bicycle upon a roadway shall ride as close as 
practicable to the right-hand curb or edge of the roadway except 
under any of the following situations: 
    (i) When overtaking and passing another vehicle proceeding 
in the same direction. 
    (ii) When preparing for a left turn at an intersection or 
into a private road or driveway. 
    (iii) When reasonably necessary to avoid conditions, 
including fixed or moving objects, vehicles, pedestrians, 
animals, surface hazards, or narrow width lanes, that make it 
unsafe to continue along the right-hand curb or edge. 
    (b) If a bicycle is traveling on a shoulder of a roadway, 
the bicycle shall travel in the same direction as adjacent 
vehicular traffic. 
    (c) Persons riding bicycles upon a roadway or shoulder 
shall not ride more than two abreast and shall not impede the 
normal and reasonable movement of traffic and, on a laned 
roadway, shall ride within a single lane. 
    (c) (d) A person operating a bicycle upon a sidewalk, or 
across a roadway or shoulder on a crosswalk, shall yield the 
right-of-way to any pedestrian and shall give an audible signal 
when necessary before overtaking and passing any pedestrian.  No 
person shall ride a bicycle upon a sidewalk within a business 
district unless permitted by local authorities.  Local 
authorities may prohibit the operation of bicycles on any 
sidewalk or crosswalk under their jurisdiction. 
    A person lawfully operating a bicycle on a sidewalk, or 
across a roadway or shoulder on a crosswalk, shall have all the 
rights and duties applicable to a pedestrian under the same 
circumstances. 
     Sec. 15.  [REPEALER.] 
     Minnesota Statutes 1986, section 160.263, subdivision 1, is 
repealed. 
    Approved May 27, 1987