Article 3. California Bicycle Transportation Act of California Streets And Highways Code >> Division 1. >> Chapter 8. >> Article 3.
It is the intent of the Legislature, in enacting this article,
to establish a bicycle transportation system. It is the further
intent of the Legislature that this transportation system shall be
designed and developed to achieve the functional commuting needs of
the employee, student, business person, and shopper as the foremost
consideration in route selection, to have the physical safety of the
bicyclist and bicyclist's property as a major planning component, and
to have the capacity to accommodate bicyclists of all ages and
skills.
As used in this chapter, "bicycle" means a device upon which
any person may ride, propelled exclusively by human power through a
belt, chain, or gears, and having either two or three wheels in a
tandem or tricycle arrangement.
As used in this article, "bicycle commuter" means a person
making a trip by bicycle primarily for transportation purposes,
including, but not limited to, travel to work, school, shopping, or
other destination that is a center of activity, and does not include
a trip by bicycle primarily for physical exercise or recreation
without such a destination.
As used in this article, "bikeway" means all facilities that
provide primarily for, and promote, bicycle travel. For purposes of
this article, bikeways shall be categorized as follows:
(a) Bike paths or shared use paths, also referred to as "Class I
bikeways," which provide a completely separated right-of-way
designated for the exclusive use of bicycles and pedestrians with
crossflows by motorists minimized.
(b) Bike lanes, also referred to as "Class II bikeways," which
provide a restricted right-of-way designated for the exclusive or
semiexclusive use of bicycles with through travel by motor vehicles
or pedestrians prohibited, but with vehicle parking and crossflows by
pedestrians and motorists permitted.
(c) Bike routes, also referred to as "Class III bikeways," which
provide a right-of-way on-street or off-street, designated by signs
or permanent markings and shared with pedestrians and motorists.
(d) Cycle tracks or separated bikeways, also referred to as "Class
IV bikeways," which promote active transportation and provide a
right-of-way designated exclusively for bicycle travel adjacent to a
roadway and which are separated from vehicular traffic. Types of
separation include, but are not limited to, grade separation,
flexible posts, inflexible physical barriers, or on-street parking.
(a) The department, in cooperation with county and city
governments, shall establish minimum safety design criteria for the
planning and construction of each type of bikeway identified in
Section 890.4 and roadways where bicycle travel is permitted.
(b) The criteria shall include, but not be limited to, the design
speed of the facility, minimum widths and clearances, grade, radius
of curvature, pavement surface, actuation of automatic traffic
control devices, drainage, and general safety, with consideration for
the safety of vulnerable populations, such as children, seniors,
persons with impaired vision, and persons of limited mobility. The
criteria shall be published by January 1, 2016, and updated
biennially, or more often, as needed.
(c) The criteria shall be established in consultation with the
existing advisory committee of the department dedicated to improving
access for persons with disabilities.
The department shall establish uniform specifications and
symbols for signs, markers, and traffic control devices to designate
bikeways, regulate traffic, improve safety and convenience for
bicyclists, and alert pedestrians and motorists of the presence of
bicyclists on bikeways and on roadways where bicycle travel is
permitted.
(a) All city, county, regional, and other local agencies
responsible for the development or operation of bikeways or roadways
where bicycle travel is permitted shall utilize the minimum safety
design criteria established pursuant to Section 890.6, except as
provided in subdivision (b), and shall utilize the uniform
specifications and symbols for signs, markers, and traffic control
devices established pursuant to Section 890.8.
(b) An agency may utilize minimum safety design criteria other
than those established by Section 890.6 if all of the following
conditions are met:
(1) The alternative criteria have been reviewed and approved by a
qualified engineer with consideration for the unique characteristics
and features of the proposed bikeway and surrounding environs.
(2) The alternative criteria, or the description of the project
with reference to the alternative criteria, are adopted by resolution
at a public meeting, after having provided proper notice of the
public meeting and opportunity for public comment.
(3) The alternative criteria adhere to guidelines established by a
national association of public agency transportation officials.
A city or county may prepare a bicycle transportation plan,
which shall include, but not be limited to, the following elements:
(a) The estimated number of existing bicycle commuters in the plan
area and the estimated increase in the number of bicycle commuters
resulting from implementation of the plan.
(b) A map and description of existing and proposed land use and
settlement patterns which shall include, but not be limited to,
locations of residential neighborhoods, schools, shopping centers,
public buildings, and major employment centers.
(c) A map and description of existing and proposed bikeways.
(d) A map and description of existing and proposed end-of-trip
bicycle parking facilities. These shall include, but not be limited
to, parking at schools, shopping centers, public buildings, and major
employment centers.
(e) A map and description of existing and proposed bicycle
transport and parking facilities for connections with and use of
other transportation modes. These shall include, but not be limited
to, parking facilities at transit stops, rail and transit terminals,
ferry docks and landings, park and ride lots, and provisions for
transporting bicyclists and bicycles on transit or rail vehicles or
ferry vessels.
(f) A map and description of existing and proposed facilities for
changing and storing clothes and equipment. These shall include, but
not be limited to, locker, restroom, and shower facilities near
bicycle parking facilities.
(g) A description of bicycle safety and education programs
conducted in the area included within the plan, efforts by the law
enforcement agency having primary traffic law enforcement
responsibility in the area to enforce provisions of the Vehicle Code
pertaining to bicycle operation, and the resulting effect on
accidents involving bicyclists.
(h) A description of the extent of citizen and community
involvement in development of the plan, including, but not limited
to, letters of support.
(i) A description of how the bicycle transportation plan has been
coordinated and is consistent with other local or regional
transportation, air quality, or energy conservation plans, including,
but not limited to, programs that provide incentives for bicycle
commuting.
(j) A description of the projects proposed in the plan and a
listing of their priorities for implementation.
(k) A description of past expenditures for bicycle facilities and
future financial needs for projects that improve safety and
convenience for bicycle commuters in the plan area.
(a) A city or county that has prepared a bicycle
transportation plan pursuant to Section 891.2 may submit the plan to
the county transportation commission or transportation planning
agency for approval. The city or county may submit an approved plan
to the department in connection with an application for funds for
bikeways and related facilities which will implement the plan. If the
bicycle transportation plan is prepared, and the facilities are
proposed to be constructed, by a local agency other than a city or
county, the city or county may submit the plan for approval and apply
for funds on behalf of that local agency.
(b) The department may grant funds applied for pursuant to
subdivision (a) on a matching basis which provides for the applicant'
s furnishing of funding for 10 percent of the total cost of
constructing the proposed bikeways and related facilities. The funds
may be used, where feasible, to apply for and match federal grants or
loans.
The Sacramento Area Council of Governments, pursuant to
subdivision (d) of Section 2551, may purchase, operate, and maintain
callboxes on class 1 bikeways.
The governing body of a city, county, or local agency may do
all of the following:
(a) Establish bikeways.
(b) Acquire, by gift, purchase, or condemnation, land, real
property, easements, or rights-of-way to establish bikeways.
(c) Establish bikeways pursuant to Section 21207 of the Vehicle
Code.
(a) Rights-of-way established for other purposes by cities,
counties, or local agencies shall not be abandoned unless the
governing body determines that the rights-of-way or parts thereof are
not useful as a nonmotorized transportation facility.
(b) No state highway right-of-way shall be abandoned until the
department first consults with the local agencies having jurisdiction
over the areas concerned to determine whether the right-of-way or
part thereof could be developed as a nonmotorized transportation
facility. If an affirmative determination is made, before abandoning
the right-of-way, the department shall first make the property
available to local agencies for development as nonmotorized
transportation facilities in accordance with Sections 104.15 and
887.6 of this code and Section 14012 of the Government Code.