Subtitle 12: Operation of Bicycles and Play Rules

(a) Authorizing minor or ward to violate provisions. — The parent of any minor or the guardian of any ward may not authorize the minor or ward to violate any provision of this subtitle.

(b) Knowingly permitting minor or ward to violate provisions. — The parent of any minor or the guardian of any ward may not knowingly permit the minor or ward to violate any provision of this subtitle.

(c) Applicability of subtitle. — With the exceptions stated in this subtitle, the provisions of this subtitle that are applicable to bicycles apply whenever a bicycle, an EPAMD, or a motor scooter is operated on any highway or whenever a bicycle or an EPAMD is operated on any path set aside for the exclusive use of bicycles.

§ 21-1202. Traffic and pedestrian laws apply to bicycles, motor scooters, play vehicles, or unicycles.

(a) Bicycles and motor scooters. — Every person operating a bicycle or a motor scooter in a public bicycle area has all the rights granted to and is subject to all the duties required of the driver of a vehicle by this title, including the duties set forth in § 21-504 of this title, except:

(1) As otherwise provided in this subtitle; and

(2) For those provisions of this title that by their very nature cannot apply.

(b) Bicycle, play vehicle, or unicycle. —

(1) Subject to paragraphs (2) and (3) of this subsection, a person has the rights and is subject to the restrictions applicable to pedestrians under this title while the person is lawfully operating a bicycle, play vehicle, or unicycle:

(i) On a sidewalk or sidewalk area; or

(ii) In or through a crosswalk.

(2) At an intersection, a person operating a bicycle, play vehicle, or unicycle is subject to all traffic control signals, as provided in §§ 21-202 and 21-203 of this title.

(3) Section 21-506 of this title does not apply to a person operating a bicycle, play vehicle, or unicycle.

§ 21-1203. Riding on bicycles or motor scooters

(a) Operator to be seated. — The operator of a bicycle or a motor scooter may ride the bicycle or motor scooter only:

(1) On or astride a permanent and regular seat securely attached to it; or

(2) For an electric low speed scooter, by standing on a platform designed to carry the operator.

(b) Seat required for passenger — Bicycle. — A bicycle may not carry any passenger unless it is designed for and equipped with a seat securely attached to it for each passenger.

(c) Seat required for passenger — Motor scooter. — A motor scooter may not carry any passenger unless it is designed for and equipped with a seat securely attached to it and footrests for each passenger.

§ 21-1204. Clinging to vehicles

(a) Exceptions. — This section does not apply to any log skid, drag, or farm sled while used in agricultural or forestry practices.

(b) Bicycles or motor scooters. — A person riding on any bicycle or motor scooter may not attach it or himself to any vehicle on a roadway.

(c) Play vehicles. — A person riding on any play vehicle may not attach it or himself to any vehicle on a roadway.

(d) Coasters. — A person riding on any coaster may not attach it or himself to any vehicle on a roadway.

(e) Skateboards. — A person riding on any skateboard may not attach it or himself to any vehicle on a roadway.

(f) Roller skates. — A person riding on any roller skates may not attach them or himself to any vehicle on a roadway.

(g) Sleds. — A person riding on any sled may not attach it or himself to any vehicle on a roadway.

(h) Toy vehicles. — A person riding on any toy vehicle may not attach it or himself to any vehicle on a roadway.

§ 21-1205. Riding on roadways or on highway

(a) Riding to right side of roadway. — Each person operating a bicycle or a motor scooter at a speed less than the speed of traffic at the time and place and under the conditions then existing on a roadway shall ride as near to the right side of the roadway as practicable and safe, except when:

(1) Making or attempting to make a left turn;

(2) Operating on a one-way street;

(3) Passing a stopped or slower moving vehicle;

(4) Avoiding pedestrians or road hazards;

(5) The right lane is a right turn only lane; or

(6) Operating in a lane that is too narrow for a bicycle or motor scooter and another vehicle to travel safely side by side within the lane.

(b) Riding two abreast. — Each person operating a bicycle or a motor scooter on a roadway may ride two abreast only if the flow of traffic is unimpeded.

(c) Passing. — Each person operating a bicycle or a motor scooter on a roadway shall exercise due care when passing a vehicle.

(d) Walking bicycles on right side of highway. — Each person operating a bicycle or a motor scooter on a roadway may walk the bicycle or motor scooter on the right side of a highway if there is no sidewalk.

§ 21-1205.1. Bicycles, motor scooters, and EPAMDs prohibited on certain roadways and highways; speed limit.

(a) In general. —

(1) Notwithstanding any other provision of this title, a person may not ride a bicycle or a motor scooter:

(i) Except as provided in paragraph (2) of this subsection, on any roadway where the posted maximum speed limit is more than 50 miles per hour; or

(ii) On any expressway, except on an adjacent bicycle path or way approved by the State Highway Administration, or on any other controlled access highway signed in accordance with § 21-313 of this title.

(2) If a person is lawfully operating a bicycle or a motor scooter on a shoulder adjacent to a roadway for which the posted maximum speed limit is more than 50 miles per hour, the person may enter the roadway only if:

(i) Making or attempting to make a left turn;

(ii) Crossing through an intersection; or

(iii) The shoulder is overlaid with a right turn lane, a merge lane, a bypass lane, or any other marking that breaks the continuity of the shoulder.

(b) Roadway with bike lane or shoulder paved to smooth surface. —

(1) Where there is not a bike lane paved to a smooth surface, a person operating a bicycle or a motor scooter may use the roadway or the shoulder.

(2) Where there is a bike lane paved to a smooth surface, a person operating a bicycle or a motor scooter shall use the bike lane and may not ride on the roadway, except in the following situations:

(i) When overtaking and passing another bicycle, motor scooter, pedestrian, or other vehicle within the bike lane if the overtaking and passing cannot be done safely within the bike lane;

(ii) When preparing for a left turn at an intersection or into an alley, private road, or driveway;

(iii) When reasonably necessary to leave the bike lane to avoid debris or other hazardous condition; or

(iv) When reasonably necessary to leave the bike lane because the bike lane is overlaid with a right turn lane, merge lane, or other marking that breaks the continuity of the bike lane.

(3) A person operating a bicycle or a motor scooter may not leave a bike lane until the movement can be made with reasonable safety and then only after giving an appropriate signal.

(4) The Department shall adopt regulations pertaining to this subsection, including a definition of “smooth surface”.

(c) Motor scooter speed limit. — A motor scooter may not be operated at a speed in excess of 30 miles per hour.

(d) Restrictions on operating EPAMDs. — Notwithstanding any other provision of this title, a person may not operate an EPAMD on any roadway where there are sidewalks adjacent to the roadway or the posted maximum speed limit is more than 30 miles per hour.

(e) EPAMD speed limit. — An EPAMD may not be operated at a speed in excess of 15 miles per hour.

§ 21-1205.2. Operation of an electric bicycle

(a) In general. —

(1) Subject to paragraph (2) of this subsection, electric bicycles may be operated where bicycles are allowed to travel, including bike lanes.

(2)

(i) A local authority or State agency that has jurisdiction over a bicycle path may prohibit the operation of a Class 1 or Class 2 electric bicycle on the bicycle path.

(ii) A Class 3 electric bicycle may not be operated on a bicycle path unless:

1. The bicycle path is within or adjacent to a highway right-of-way; or

2. Allowed by a local authority or State agency with jurisdiction over the bicycle path.

(iii) A local authority or State agency with jurisdiction over a trail may regulate the use of electric bicycles of any class on a trail designated as nonmotorized if the trail has a natural surface tread made by clearing and grading native soil with no added surfacing materials.

(b) Persons under the age of 16. —

(1) A person under the age of 16 years may not operate a Class 3 electric bicycle on a public highway.

(2) A person under the age of 16 years may ride as a passenger on a Class 3 electric bicycle that is designed to accommodate passengers.

§ 21-1206. Carrying articles; removal, riding on, or tampering with bicycle, EPAMD, or motor scooter.

(a) Transporting articles. — A person may not operate a bicycle, an EPAMD, or a motor scooter while carrying any package, bundle, or other article that prevents the person from keeping both hands on the handlebars.

(b) Interfering with view or balance of operator. — A person may not carry on a bicycle, an EPAMD, or a motor scooter any package, bundle, or other article that interferes with the view or balance of the operator.

(c) Removal, riding on, or tampering with bicycle, EPAMD, or motor scooter. — A person may not remove, ride on, or tamper with any part of a bicycle, an EPAMD, or a motor scooter without the permission of its owner.

§ 21-1207. Lamps and other equipment on bicycles and motor scooters

(a) Lamp and reflector. —

(1) If a bicycle or a motor scooter is used on a highway at any time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet, the bicycle or motor scooter shall be equipped:

(i) On the front, with a lamp that emits a white light visible from a distance of at least 500 feet to the front; and

(ii) On the rear, with a red reflector of a type approved by the Administration and visible from all distances from 600 feet to 100 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.

(2) A bicycle or bicyclist may be equipped with a functioning lamp that acts as a reflector and emits a red light or a flashing amber light visible from a distance of 500 feet to the rear instead of or in addition to the red reflector required by paragraph (1) of this subsection.

(b) Bell. — Subject to subsection (c) of this section, a person may operate a bicycle or a motor scooter that is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet.

(c) Sirens or whistles. — A bicycle or motor scooter may not be equipped with nor may any person use on a bicycle any siren or whistle.

(d) Brake. — Every bicycle and motor scooter shall be equipped with a braking system capable of stopping from a speed of 10 miles per hour within 15 feet on dry, level, clean pavement.

§ 21-1207.1. Helmets required

(a) In general. —

(1) The provisions of this section apply:

(i) At all times while a bicycle is being operated on any highway, bicycle way, or other property open to the public or used by the public for pedestrian or vehicular traffic; and

(ii) To a person under the age of 16 who is riding on a bicycle, including a person under the age of 16 who is a passenger on a bicycle:

1. In a restraining seat attached to the bicycle; or

2. In a trailer being towed by the bicycle.

(2) The provisions of this section do not apply to passengers in commercial bicycle rickshaws.

(b) Inapplicable on Ocean City boardwalk. — This section does not apply in the town of Ocean City, Maryland, on the boardwalk between the Ocean City inlet and 27th Street, during the hours in which bicycles are permitted by local ordinance to be operated on the boardwalk.

(c) Helmets. — A person to whom this section applies may not operate or ride as a passenger on a bicycle unless the person is wearing a helmet that meets or exceeds the standards of the American National Standards Institute, the Snell Memorial Foundation, or the American Society for Testing and Materials for protective headgear for use in bicycling.

(d) Enforcement. — This section shall be enforced by the issuance of a warning that informs the offender of the requirements of this section and provides educational materials about bicycle helmet use.

§ 21-1207.2. Protective helmets

(a) Required; standards. — An individual under the age of 16 years may not ride on a scooter or on in-line skates on any highway, bicycle way, sidewalk, or other property open to the public or used by the public for pedestrian or vehicular traffic, unless the individual is wearing a helmet that meets or exceeds the standards of the American National Standards Institute, the Snell Memorial Foundation, or the American Society for Testing and Materials for protective headgear for use in bicycling or in-line skating.

(b) Enforcement. — This section shall be enforced by the issuance of a warning that informs the offender of the requirements of this section and provides educational materials about helmet use.

§ 21-1208. Securing bicycle, EPAMD, or motor scooter to certain objects.

(a) Prohibition. — A person may not secure a bicycle, an EPAMD, or a motor scooter to a fire hydrant, police or fire call box, or traffic control device.

(b) Poles, etc., within bus or taxi-loading zones. — A person may not secure a bicycle, an EPAMD, or a motor scooter to a pole, meter, or device located within a bus or taxi-loading zone.

(c) Poles, etc., within 25 feet of intersections. — A person may not secure a bicycle, an EPAMD, or a motor scooter to a pole, meter, or device located within 25 feet of any intersection.

(d) Poles, etc., having notices forbidding securing of bicycles. — A person may not secure a bicycle, an EPAMD, or a motor scooter to a pole, meter, or device on which notice has been posted by the appropriate authorities forbidding the securing of bicycles.

(e) Obstructing or impeding traffic or pedestrian movement. — A person may not secure a bicycle, an EPAMD, or a motor scooter to any place where the securing of a bicycle or a motor scooter would obstruct or impede vehicular traffic or pedestrian movement.

(f) Securing to parking meter. — A bicycle, an EPAMD, or a motor scooter may be secured to a parking meter, without payment of the usual fees, if it is entirely removed from the bed of the street normally used for vehicular parking.

§ 21-1209. Throwing object at bicycle, EPAMD, or motor scooter.

(a) Drivers to exercise due care. — Notwithstanding any other provision of this title, the driver of a vehicle shall:

(1) Exercise due care to avoid colliding with any bicycle, EPAMD, or motor scooter being ridden by a person; and

(2) When overtaking a bicycle, an EPAMD, or a motor scooter, pass safely at a distance of not less than 3 feet, unless, at the time:

(i) The bicycle, EPAMD, or motor scooter rider fails to operate the vehicle in conformance with § 21-1205(a) of this subtitle (“Riding to right side of roadway”) or § 21-1205.1(b) of this subtitle (“Roadway with bike lane or shoulder paved to smooth surface”);

(ii) A passing clearance of less than 3 feet is caused solely by the bicycle, EPAMD, or motor scooter rider failing to maintain a steady course; or

(iii) The highway on which the vehicle is being driven is not wide enough to lawfully pass the bicycle, EPAMD, or motor scooter at a distance of at least 3 feet.

(b) Throwing objects. — A person may not throw any object at or in the direction of any person riding a bicycle, an EPAMD, or a motor scooter.

(c) Opening doors with intent to strike, injure, etc. — A person may not open the door of any motor vehicle with intent to strike, injure, or interfere with any person riding a bicycle, an EPAMD, or a motor scooter.

(d) Yielding right-of-way. — Unless otherwise specified in this title, the driver of a vehicle shall yield the right-of-way to a person who is lawfully riding a bicycle, an EPAMD, or a motor scooter in a designated bike lane or shoulder if the driver of the vehicle is about to enter or cross the designated bike lane or shoulder.

§ 21-1210. Wearing earplugs, headsets, etc., prohibited

(a) Wearing headset coverings. — A person may not operate a bicycle, an EPAMD, or a motor scooter on any highway, or on any roadway, while the person is wearing any headset covering both ears.

(b) Earplugs. — A person may not operate a bicycle, an EPAMD, or a motor scooter on any highway, or on any roadway, while the person is wearing any earplugs in both ears.

(c) Exceptions. — The provisions of this section do not apply to:

(1) Any person wearing personal hearing protectors in the form of custom earplugs or molds that are designed to attenuate injurious noise levels, if the custom plugs or molds are designed in such a manner as to not inhibit the wearer’s ability to hear a siren or horn from an emergency vehicle or a horn from another vehicle;

(2) Any person wearing a prosthetic device used to aid the hard of hearing; or

(3) Any person operating a bicycle on a public bicycle pathway expressly authorized for the use of persons operating bicycles.

§ 21-1211. Motor vehicle or bicycle racing events

(a) Approval. — When the State Highway Administration or a local authority approves a motor vehicle or bicycle racing event on a highway or a highway bridge under its respective jurisdiction, motor vehicle or bicycle racing shall be lawful.

(b) Conditions for approval. — The State Highway Administration or a local authority may approve a motor vehicle or bicycle racing event only if:

(1) The racing event is held under conditions that:

(i) Provide reasonable safety for race participants, spectators, and other highway or highway bridge users; and

(ii) Prevent unreasonable interference with traffic flow that would seriously inconvenience other highway or highway bridge users;

(2) The sponsors of the racing event:

(i) Indemnify the State and local governments from any loss arising out of or relating to the racing event; and

(ii) Provide comprehensive liability insurance, in an amount to be determined by the State Highway Administration or local authority with jurisdiction over the highway on which the racing event is to be held, for the benefit of the State and local governments, spectators, and other highway or highway bridge users;

(3) The county or other local jurisdiction in which the racing event is held provides written authorization for the racing event; and

(4) The highway on which the racing event is held is closed, in a manner approved by the State Highway Administration or local authority with jurisdiction over the highway, with appropriate access measures in place.

(c) Exemption from provisions of vehicle law. — If traffic control adequately assures the safety of participants, spectators, and other highway or highway bridge users, the State Highway Administration or a local authority may exempt participants in an approved motor vehicle or bicycle racing event from compliance with other provisions of the Maryland Vehicle Law that otherwise would be applicable to the participants in the motor vehicle or bicycle racing event.

§ 21-1211.1. Foot racing events

(a) When foot racing lawful. — When the State Highway Administration or a local authority approves a foot racing event on a highway or a highway bridge under its respective jurisdiction, foot racing shall be lawful.

(b) Conditions for approval of events. — The State Highway Administration or a local authority may approve a foot racing event only under conditions that:

(1) Provide reasonable safety for race participants, spectators, and other highway or highway bridge users; and

(2) Prevent unreasonable interference with traffic flow that would seriously inconvenience other highway or highway bridge users.

(c) Exemption from other provisions of Maryland Vehicle Law. — If traffic control adequately assures the safety of participants, spectators, and other highway or highway bridge users, the State Highway Administration or a local authority may exempt participants in an approved foot racing event from compliance with other provisions of the Maryland Vehicle Law that otherwise would be applicable to the participants in the foot racing event.

§ 21-1212. Copies or summaries of laws and regulations

The Administration shall publish copies or summaries of the regulations and laws of this State that regulate the operation of bicycles and make them available, on request and without cost, to every dealer engaged in the retail sale of bicycles in this State. These dealers shall provide a copy to each person who buys a bicycle.

§ 21-1213. Bicycle Advisory Committee

Redesignated.