Chapter 27

COL0314201216 GCA VEHICLES CH. 27 - BICYCLE SAFETY 1 CHAPTER 27 BICYCLE SAFETY SOURCE : Entire chapter added by P.L. 31-189:1 (Feb. 27, 2012). §27101. Title. §27102. Definitions. §27103. Purpose. §27104. Bicycle Safety Rules and Regulations. §27105. Penalty. §27106. Operation of a Bicycle. §27107. Traffic Laws. §27108. Riding on a Bicycle. §27109. Clinging to Vehicle. §27110. Riding on a Roadway or Bike Path. §27111. Carrying Articles on a Bicycle. §27112. Bicycle Lamps and Brakes. §27113. Severability. § 27101. Title. This Chapter may be cited or referred to as 'The Bicycle Safety Act of 2012.' § 27102. Definitions. For purposes of this Chapter: (a) bicycle means a human-powered vehicle with two (2) wheels in tandem designed to transport, by the action of peda ling, one (1) or more persons seated on one (1) or more seat(s) on its fr ame. Bicycle also includes a human-powered vehicle designed to transp ort by pedaling which has more than two (2) wheels, where the vehic le is used on a public highway or street, public bicycle path or ot her public right-of- way, but does not include a tricycle; (b) operator means a person who travels on a bicycle seated on a seat from which that

a public highway or street, public bicycle path or ot her public right-of- way, but does not include a tricycle; (b) operator means a person who travels on a bicycle seated on a seat from which that person is intended to and can pedal the bicycle; (c) passenger means any person who travels on a bicycle in any manner except as an operator; COL0314201216 GCA VEHICLES CH. 27 - BICYCLE SAFETY 2 (d) protective bicycle helmet or helmet means a piece of headgear which meets or exceeds the minimum bicycle safety s tandards for protective bicycle helmets set by the U.S. Consumer Product Safety Commission (CPSC), American National Standards Inst itute (ANSI), the American Society for Testing and Materials (AST M), or the Snell Memorial Foundation, or which is otherwise approved by the Governor’s Highway Safety Representative, or his or her designee; (e) public bicycle path means a right-of-way used primarily by bicycles and pedestrians; (f) restraining seat means a seat, separate from the seat of the operator of the bicycle, that is fastened securely to the frame of the bicycle and is adequately equipped to restrain the passenger in such seat and protect such passenger from the moving

seat of the operator of the bicycle, that is fastened securely to the frame of the bicycle and is adequately equipped to restrain the passenger in such seat and protect such passenger from the moving parts of the bicycle; (g) tricycle means a three (3)-wheeled human-powered vehicle. (h) highway or street means the entire width between boundary lines of every way publicly maintained, when any pa rt thereof is open to the use of the public for purposes of vehicular travel; and (i) sidewalk means that portion of a street between the curb lin es, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. § 27103. Purpose. The purpose of this Chapter is to reduce the incide nce of disability and death resulting from injuries incurred in bicycling accidents by requiring that, while riding on a bicycle on highways, street s and sidewalks, all bicycle operators and passengers wear approved protective b icycle helmets. § 27104. Bicycle Safety Rules and Regulations. With regard to any bicycle operated over any highwa y, street or sidewalk, it shall be unlawful: (a) for any person to operate or be a passenger on a bicycle unless at all times when

and Regulations. With regard to any bicycle operated over any highwa y, street or sidewalk, it shall be unlawful: (a) for any person to operate or be a passenger on a bicycle unless at all times when so engaged such person wears a pr otective bicycle helmet of a good fit, and fastened securely upon th e head with the straps of the helmet; (b) for any person to be a passenger on a bicycle unless , with respect to any person who weighs fewer than thirty-three (33) pounds, COL0314201216 GCA VEHICLES CH. 27 - BICYCLE SAFETY 3 or is less than forty (40) inches in height, the person can be and is properly seated in, and adequately secured to a res training seat; (c) for any parent or legal guardian of a person be low twelve (12) years of age to knowingly permit such person to ope rate or be a passenger on a bicycle in violation of Subsections (a) or (b); (d) to rent or lease any bicycle to or for the use of any person unless : (1) the person is in possession of a protective bic ycle helmet of good fit at the time of such rental or lease; or (2) the rental or lease includes a protective bicyc le helmet of good fit, and the person intends to wear the helmet , as required by Subsection

et of good fit at the time of such rental or lease; or (2) the rental or lease includes a protective bicyc le helmet of good fit, and the person intends to wear the helmet , as required by Subsection (a), at all times while operating or bei ng a passenger on the bicycle; (e) for any person to operate a bicycle during the evening hours without either affixing retro reflective material t o the bicycle or wearing retro reflective accessories or articles of clothin g; and (f) for any person to transport a child under the a ge of one (1) year on a bicycle. § 27105. Penalty. (a) Except as provided in Subsection (b), any adult person vi olating any requirements set forth in § 27104, commits a violat ion and shall be assessed a civil penalty of Fifty Dollars ($50.00). (b) Upon commission of the first offense within a t welve (12)-month period under § 27104(c), it shall be a defense that the accused has since the date of the violation purchased or provided a prote ctive bicycle helmet or a restraining seat, and uses and intends to use or ca uses to be used or intends to cause to be used the same as the law requires.

the violation purchased or provided a prote ctive bicycle helmet or a restraining seat, and uses and intends to use or ca uses to be used or intends to cause to be used the same as the law requires. (c) In no event shall failure to wear a protective bicycle helmet or to secure a passenger to a restraining seat be admissi ble as evidence in a trial of any civil action. (d) A law enforcement officer observing any violati on of this Chapter shall issue a warning to the violator for the first offe nse and a citation to the violator for the second or subsequent offense, but shall not arrest or take into custody any person solely for a violation of this C hapter. COL0314201216 GCA VEHICLES CH. 27 - BICYCLE SAFETY 4 § 27106. Operation of a Bicycle. (a) It shall be a petty misdemeanor for any person to do any ac t forbidden or fail to perform any act required in §§ 27106 - 27112. (b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or war d to violate any of the provisions of this Chapter. (c) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any pa th set aside for the

or war d to violate any of the provisions of this Chapter. (c) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any pa th set aside for the exclusive use of bicycles subject to those exceptio ns stated herein. § 27107. Traffic Laws. (a) Every person riding a bicycle upon a roadway is granted all of the rights and is subject to all of the duties applicab le to the driver of a vehicle by this Chapter and the Vehicle Code of Guam. (b) The operator of a vehicle overtaking from behin d, a bicycle proceeding on the same side of a roadway shall pass to the left of such bicycle at a safe distance until safely clear. § 27108. Riding on a Bicycle. (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached there to. (b) No bicycle shall be used to carry more persons at one (1) time than the number for which it is designed or equipped. (c) No person shall play on a highway other than up on the sidewalk thereof, or in any part of a roadway or use thereon roller skates, coasters or any similar vehicle or toy or article on wheels or a runner, except in such areas as may be

ther than up on the sidewalk thereof, or in any part of a roadway or use thereon roller skates, coasters or any similar vehicle or toy or article on wheels or a runner, except in such areas as may be specifically designated for that pu rpose. § 27109. Clinging to Vehicle. (a) No person riding upon any bicycle, shall attach to said bicycle, roller skates, or toy vehicle. No person riding upon any b icycle shall attach said bicycle person’s own body, to any streetcar or vehi cle upon a roadway. (b) The provisions of this Section shall not be construed to prohibit the attachment of a bicycle trailer or bicycle semitrai ler to a bicycle if such trailer or semitrailer is designed specifically for such purpose. COL0314201216 GCA VEHICLES CH. 27 - BICYCLE SAFETY 5 § 27110. Riding on a Roadway or Bike Path. (a) (1) Any person operating a bicycle upon a roadw ay at less than the normal speed of traffic at the time and place and u nder the conditions then existing shall ride as close as practicable to the right-hand cur b or edge of the roadway, except under any of the following situations: (A) when overtaking and passing another vehicle pro ceeding in the same direction; (B) when preparing

ble to the right-hand cur b or edge of the roadway, except under any of the following situations: (A) when overtaking and passing another vehicle pro ceeding in the same direction; (B) when preparing for a left turn at an intersecti on or into a private road or driveway; or (C) when reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface haza rds, or substandard width lanes that make it unsafe to cont inue along the right-hand curb or edge. For purposes of this Secti on, 'substandard width lane' means a lane that is too n arrow for a bicycle and another vehicle to travel safely side b y side within the lane. (2) This Subsection does not apply to a certified police cyclist engaged in the lawful performance of duty relating to traffic control. (b) (1) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast, except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two ( 2) abreast shall not impede the normal and reasonable movement of traffi c and, on a laned roadway, shall ride within a single lane.

set aside for the exclusive use of bicycles. Persons riding two ( 2) abreast shall not impede the normal and reasonable movement of traffi c and, on a laned roadway, shall ride within a single lane. (2) This Subsection does not apply to a certified police cyclist engaged in the lawful performance of duty relating to traffic control or in pursuit of an actual or suspected violator of th e law. § 27111. Carrying Articles on a Bicycle. No person operating a bicycle shall carry any packa ge, bundle or article which prevents the driver from keeping at least one (1) hand upon the handlebars. § 27112. Bicycle Lamps and Brakes. (a) Every bicycle, when in use at night, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least COL0314201216 GCA VEHICLES CH. 27 - BICYCLE SAFETY 6 five hundred (500) feet to the front, and with a re d reflector on the rear which shall be visible from all distances from fift y (50) feet to three hundred (300) feet to the rear when directly in front of la wful upper beams of head lamps on a motor vehicle. A lamp emitting a red lig ht visible from a distance of five hundred (500) feet to the rear may be used in

to the rear when directly in front of la wful upper beams of head lamps on a motor vehicle. A lamp emitting a red lig ht visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector. (b) Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within twenty -five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pav ement. § 27113. Severability. If any provision of this law or its application to an y person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this la w which can be given effect without the invalid provisions or applicatio ns, and to this end the provisions of this law are severable. -------