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One of the potential pitfalls for observers trying to interpret the operation of '''[[bikeway]]s''' (or segregated cycle facilities) is that the same legal assumptions do not apply in all environments. For instance, in contrast to most English speaking countries, some European countries, including Germany, France, Denmark, Belgium, and the Netherlands have defined liability legislation.<ref>[http://www.ctc.org.uk/resources/Campaigns/0603_SSC_RS-Bill-Commons-Cttee_brf.doc Road Safety Needs a New Vision], Road Safety Bill: A Safer Streets Coalition briefing for the House of Commons Standing Committee, Safer Streets Coalition (UK) 2006.</ref> Thus there is a legal assumption that motorists are automatically considered liable in law for any injuries that occur if they collide with a cyclist.<ref>[http://www.cemt.org/pub/pubpdf/00VulnerE.pdf Safety in Road Traffic for Vulnerable Users], European Conference of Ministers of Transport, OECD 2006</ref> This may hold regardless of any fault on the part of the cyclist and may significantly affect the behaviour of motorists when they encounter cyclists.<ref>[http://www.bikebiz.co.uk/news/20620/ETRA-apologises-for-incorrect-motorist-liability-press-release ETRA apologises for "incorrect" motorist liability press release] {{Webarchive|url=https://web.archive.org/web/20070928042618/http://www.bikebiz.co.uk/news/20620/ETRA-apologises-for-incorrect-motorist-liability-press-release |date=2007-09-28 }}, Bike biz Breaking News, 4 March 2005</ref><ref>[http://www.dcn.org.uk/downloads/2007-05_view.pdf Driver liability in Newsletter no 57] {{Webarchive|url=https://web.archive.org/web/20070710102909/http://www.dcn.org.uk/downloads/2007-05_view.pdf |date=2007-07-10 }}, Dorset Cyclists’ Network, May 2007</ref>
 
Cyclists in some countries are also given separate rules and light phases at traffic signals and cyclist-specific traffic lights. For instance, in Germany and elsewhere at junctions with segregated facilities all the traffic in a given direction (motorists, pedestrians and cyclists) may get a green signal at the same time.<ref>[http://gettingaroundgermany.home.att.net/zeichen2.htm German Traffic Signs & Signals] {{Webarchive|url=https://web.archive.org/web/20070629155327/http://gettingaroundgermany.home.att.net/zeichen2.htm |date=2007-06-29 }} Brian's Guide to Getting Around Germany (accessed 7 June 2007)</ref> Turning motor traffic is obliged to wait for cyclists and pedestrians to clear the junction before proceeding. In this situation all the transport modes get equal green time. In contrast, UK and Irish practice restricts pedestrians to a dedicated signal phase, separate from and usually much shorter than the green phase for motorists (e.g. 6–12 seconds, vs. signal cycle times of up to 120 seconds).<ref>[http://www.standardsforhighways.co.uk/dmrb/vol8/section1/ta1581.pdf Pedestrian Facilities at Traffic Signal Installations:] {{Webarchive|url=https://web.archive.org/web/20150924110106/http://www.standardsforhighways.co.uk/dmrb/vol8/section1/ta1581.pdf |date=2015-09-24 }} Design Manual for Roads and Bridges, Volume 8 Section 1 Part 1 – TA 15/81, UK DfT, 1981</ref><ref>[http://www.standardsforhighways.co.uk/dmrb/vol8/section1/ta1681.pdf General Principles of Control by Traffic Signals] {{Webarchive|url=https://web.archive.org/web/20150924110108/http://www.standardsforhighways.co.uk/dmrb/vol8/section1/ta1681.pdf |date=2015-09-24 }} Design Manual for Roads and Bridges, Volume 8 Section 1 – TA16/81, UK DfT, 1981</ref> If cyclists were to be segregated and treated in a similar manner this would imply a significant reduction in green time for cycle traffic at every junction. In the English city of [[Cambridge]] the use of cyclist-specific traffic signals is reported to have resulted in increased delays for cyclists, leading some to ignore the cycle-facilities and stay on the road.<ref>[http://www.camcycle.org.uk/campaigning/papers/LeftTurnLanes.pdf Left Turn Lanes] Cambridge Cycling Campaign, Document No. N9814 19 July 1989</ref> A similar example occurred in a [[Paris]]ian bikepath scheme in 1999. Cyclists faced twice the number of traffic signals as motorised traffic and were expected to wait over one minute to get seven seconds of green time.<ref>[http://www.bikexprt.com/bikepol/facil/paris/mdb.htm The scandal of Maréchaux], Opinion of bicyclists' organisations concerning the special corridor for the PC1 bus, Mouvement pour la défense de la bicyclette et al., October 1999 (accessed 8 March 2007)</ref> Conversely, in Copenhagen cyclist-specific traffic signals on a major arterial bike lane have been linked to provide "green waves" for rush hour cycle-traffic, which time the lights so cyclists going an average speed are much more likely to encounter green lights on their trip.<ref>[http://www.cyclenetwork.org.uk/news/ccn85.pdf Green wave for cycles] {{Webarchive|url=https://web.archive.org/web/20080227015256/http://www.cyclenetwork.org.uk/news/ccn85.pdf |date=2008-02-27 }}, Cycle Campaign Network News, No 85, November 2006</ref>
In some countries it is legal for cyclists to pass a motor-vehicle on its kerb-side, and cyclists doing so may enjoy the protection of the law.{{citation needed|date=January 2015}} In this case, the use of segregated cycle facilities conforms to existing traffic law. In other jurisdictions similar "undertaking" manoeuvres by cyclists are illegal.<ref>[http://www.irishstatutebook.ie/1997/en/si/0182.html S.I. No. 182/1997: Road Traffic (Traffic and Parking) Regulations], 1997, Irish Statute Book</ref> Such distinctions form the basis of the claim by [[John Forester (cyclist)|John Forester]] that segregated cycle facilities encourage behaviours that flout existing traffic law and in which cyclists enjoy no legal protection.<ref>[http://www.johnforester.com/Articles/Facilities/bikelane.htm The Effect of Bikelane System Design Upon Cyclists' Traffic Errors], John Forester, August 1978; Revised April 1982</ref><ref>http://galwaycycling.org/archive/paths/paths02.html {{Webarchive|url=https://web.archive.org/web/20080502225406/http://galwaycycling.org/archive/paths/paths02.html |date=2008-05-02 }} "Rules of the Road" a la Galway Corporation Galway Cycling Campaign 2002</ref><ref>[http://www.bikexprt.com/massfacil/cambridge/lanes.htm Cambridge bike lanes:] political statement or road improvement? John S. Allen (accessed 8 June 2007)</ref>
 
Cyclists in some countries are also given separate rules and light phases at traffic signals and cyclist-specific traffic lights. For instance, in Germany and elsewhere at junctions with segregated facilities all the traffic in a given direction (motorists, pedestrians and cyclists) may get a green signal at the same time.<ref>[http://gettingaroundgermany.home.att.net/zeichen2.htm German Traffic Signs & Signals] {{Webarchive|url=https://web.archive.org/web/20070629155327/http://gettingaroundgermany.home.att.net/zeichen2.htm |date=2007-06-29 }} Brian's Guide to Getting Around Germany (accessed 7 June 2007)</ref> Turning motor traffic is obliged to wait for cyclists and pedestrians to clear the junction before proceeding. In this situation all the transport modes get equal green time. In contrast, UK and Irish practice restricts pedestrians to a dedicated signal phase, separate from and usually much shorter than the green phase for motorists (e.g. 6–12 seconds, vs. signal cycle times of up to 120 seconds).<ref>[http://www.standardsforhighways.co.uk/dmrb/vol8/section1/ta1581.pdf Pedestrian Facilities at Traffic Signal Installations:] {{Webarchive|url=https://web.archive.org/web/20150924110106/http://www.standardsforhighways.co.uk/dmrb/vol8/section1/ta1581.pdf |date=2015-09-24 }} Design Manual for Roads and Bridges, Volume 8 Section 1 Part 1 – TA 15/81, UK DfT, 1981</ref><ref>[http://www.standardsforhighways.co.uk/dmrb/vol8/section1/ta1681.pdf General Principles of Control by Traffic Signals] {{Webarchive|url=https://web.archive.org/web/20150924110108/http://www.standardsforhighways.co.uk/dmrb/vol8/section1/ta1681.pdf |date=2015-09-24 }} Design Manual for Roads and Bridges, Volume 8 Section 1 – TA16/81, UK DfT, 1981</ref> If cyclists were to be segregated and treated in a similar manner this would imply a significant reduction in green time for cycle traffic at every junction. In the English city of [[Cambridge]] the use of cyclist-specific traffic signals is reported to have resulted in increased delays for cyclists, leading some to ignore the cycle-facilities and stay on the road.<ref>[http://www.camcycle.org.uk/campaigning/papers/LeftTurnLanes.pdf Left Turn Lanes] Cambridge Cycling Campaign, Document No. N9814 19 July 1989</ref> A similar example occurred in a [[Paris]]ian bikepath scheme in 1999. Cyclists faced twice the number of traffic signals as motorised traffic and were expected to wait over one minute to get seven seconds of green time.<ref>[http://www.bikexprt.com/bikepol/facil/paris/mdb.htm The scandal of Maréchaux], Opinion of bicyclists' organisations concerning the special corridor for the PC1 bus, Mouvement pour la défense de la bicyclette et al., October 1999 (accessed 8 March 2007)</ref> Conversely, in Copenhagen cyclist-specific traffic signals on a major arterial bike lane have been linked to provide "green waves" for rush hour cycle-traffic, which time the lights so cyclists going an average speed are much more likely to encounter green lights on their trip.<ref>[http://www.cyclenetwork.org.uk/news/ccn85.pdf Green wave for cycles] {{Webarchive|url=https://web.archive.org/web/20080227015256/http://www.cyclenetwork.org.uk/news/ccn85.pdf |date=2008-02-27 }}, Cycle Campaign Network News, No 85, November 2006</ref>
 
== Legal significance of on-road cycle facilities for various countries ==
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| Austria<ref>[https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10011336 Gesamte Rechtsvorschrift für Straßenverkehrsordnung 1960] Fassung vom 29. Oktober 2014 (Conceise Austrian traffic law of 1960, actually revised edition of 2014, in German)</ref> || ''Radfahrstreifen'' ("cycle lane"), continuous line, traffic sign "obligatory cycleway" || || ''Mehrzweckstreifen'' ("multi-purpose lane", similar to [[Shoulder (road)|shoulder]])
|-
| Belgium <ref name="gratisrijbewijsonline.be">{{Cite web |url=http://www.gratisrijbewijsonline.be/zwakfietswet.htm |title=ArchivedFietsers en copyBromfietsers |access-date=2015-06-30 |archive-url=https://web.archive.org/web/20141128091326/http://www.gratisrijbewijsonline.be/zwakfietswet.htm |archive-date=2014-11-28 |url-status=dead }}</ref><ref name="code-de-la-route.be">{{Cite web|url=http://www.code-de-la-route.be/textes-legaux/sections/ar/code-de-la-route/109-art9|title = Article 9. Place des conducteurs sur la voie publique}}</ref>
|| ''fietspad'' ([[Flemish dialects|Flemish]]) = ''piste cyclable'' (French), no distinction from ''cycletrack'' in Belgian legal terminology, marked by dashed lines on both sides
|| ''fietssuggestiestrook= bande cyclable suggérée'' (suggested cycle lane), coloured ground (but never in red) with pictograms
|| sharrows on a [[shared lane marking|shared lane]]
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| United Kingdom<ref name="direct.gov.uk">[http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069837 The Highway Code, 59–82: Rules for cyclists]</ref><ref name="gov.uk">[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/222621/dg_191955.pdf www.gov.uk: Department for Transport: Know Your TRAFFIC SIGNS Official Edition]</ref><ref>[http://www.camcycle.org.uk/newsletters/40/article15.html Cambridge Cycling Campaign:''Cycle lanes'']</ref> || ''mandatory cycle lane'', reserved but not obligatory, limited by a continuous line ||| ''Advisory cycle lane'', not reserved, limited by a dashed line ||
|-
| United States<ref>U.S. Department of Transportation, Federal Highway Administration: [httphttps://mutcd.fhwa.dot.gov/htm/2009/part9/part9c.htm Manual on Uniform Traffic Control Devices (MUTCD), 2009 Edition: Chapter 9C. ''Markings'']</ref>
|| In all states the use of ''bikelanes'' is not obigatoryobligatory for cyclists. ||| ''Dashed cycle lanes'' still only have an "experimental" status. In contrast to shared lanes, the equality of rights for cyclists here is limited to a ''lane-in-lane''.<ref>[https://web.archive.org/web/20140925045814/http://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/design_guidance/mutcd/dashed_bike_lanes.cfm Bicycle Facilities and the Manual on Uniform Traffic Control Devices: Dashed Bicycle Lanes]</ref>
| | ''shared lanes'', car lanes with [[shared lane marking]]s ("sharrows")
|}
 
== Legal signifiancesignificance of cycle tracks in European countries ==
Cycle tracks typically exclude all motorized vehicles for most countries. Some exceptions are made, such as in the Netherlands, for light motorbikes. Some jurisdictions require cyclists to use cycle tracks if present (obligatory cycle tracks) or allow cyclists to either use the cycle track or a parallel roadway (facilitative cycle tracks).
 
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* In Belgium, the traffic law does not distinguish roadside cycletracks from cyclelanes on the carriageway. All roadside cycletracks exclude motorized vehicles and cyclists are obliged to use them.<ref name="gratisrijbewijsonline.be"/><ref name="code-de-la-route.be"/>
* In France, cycletracks and cycle lanes exclude all motorized traffic. Until 1998 cyclists were obligated to use them if present. By law, most cycletracks ought to be facilitative ("conseillée et réservée", reserved and recommended), but most local authorities are delaying the replacement of round panels (obligatory) by rectangular ones (advisory).<ref>Légifrance [[:fr:Légifrance|(see fr.wiki)]]: ''Code de la route'' [http://www.legifrance.gouv.fr/WAspad/UnCode?commun=&code=CROUTENL.rcv parties législative et réglementaire]</ref><ref>http://www.codes-et-lois.fr/code-de-la-route/toc Code de la route</ref><ref>http://www.code-route.org {{Webarchive|url=https://web.archive.org/web/20180727210724/http://www.code-route.org/ |date=2018-07-27 }} Liste et chronologie des éléments de signalisation routière en France</ref>
* In 1997, Germany changed the law that using the road is the standard. Roadside cycletracks can only made obligatory for safety reasons and must have minimum physical standards (width, straightness).<ref>[http://dip21.bundestag.de/doc/brd/1997/D374+97 Br-Drs. 374/97]</ref><ref>{{Cite web | url=http://www.verwaltungsvorschriften-im-internet.de/bsvwvbund_26012001_S3236420014.htm | title=Allgemeine Verwaltungsvorschrift zur Straßenverkehrs-Ordnung (VWV-StVO)}}</ref> The non-obligatory ones have to be visible by design, but no panel sign existed. Since beginning of 2014, there is the possibility to signpost bidirectional non-obligatory roadside cycletracks using additional panels.<ref>https://www.gesetze-im-internet.de/stvo_2013/index.html German ''Straßenverkehrsordnung'' (traffic law)</ref><ref>[http://www.verwaltungsvorschriften-im-internet.de/bsvwvbund_26012001_S3236420014.htm German ''Verwaltungsvorschriften'' (rules for administrative application) concerning the traffic law]</ref> There are big differences among the local applications of these laws. Extreme cases are the two cities with the highest cycling rates: in [[Münster]], on almost all cycletracks cyclists are obligated to use them if present, in [[Bremen]] more than 75% are not.<ref>[http://www.taz.de/1/archiv/print-archiv/printressorts/digi-artikel/?ressort=ra&dig=2012%2F02%2F21%2Fa0026&cHash=b764777de19cc4e41ccee004968573be TAZ vom 21. Februar 2012: Das Verkehrsressort verringert sukzessive die Zahl benutzungspflichtiger Radwege.]</ref> In Bremen, some cycle tracks have been displaced by traffic calming on the carriageway or by cycle lanes. Also [[Berlin]], [[Cologne]], [[Munich]] and [[Hamburg]] are making campaigns to convert obligatory cycletracks to facilitative ones or to displace them by cycle lanes (especially Hamburg)<ref>{{Cite web | url=http://www.ndr.de/nachrichten/hamburg/Hamburg-plant-grossen-Radwege-Check-,radwege194.html | title=Nachrichten aus Hamburg}}</ref>
* In [[Poland]] cycle tracks exclude motorized vehicles and can be marked as obligatory or facilitative cycletracks.<ref name="isap.sejm.gov.pl"/>
* In Italy, all cycle tracks exclude motorized vehicles and require cyclists to use them if present.<ref name="ciclopolis.org"/>
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==Strict Liability==
A number of European countries, including Austria, Denmark, France, Germany, Italy, the Netherlands and Sweden, apply a [[strict liability]] towards cyclists, protecting them.<ref>{{cite web |url=http://www.bikehub.co.uk/news/bike-to-work/strict-liability-too-contentious-says-transport-minister/ |title=citing UK transport secretary Norman Baker in December 2010 |publisher=Bikehub.co.uk |date= |accessdate=2012-06-06 |archive-url=https://web.archive.org/web/20120117235933/http://www.bikehub.co.uk/news/bike-to-work/strict-liability-too-contentious-says-transport-minister/ |archive-date=2012-01-17 |url-status=dead }}</ref> For example, in the Netherlands, the law assumes the stronger participant (e.g. a car driver) is liable in the case of an accident with a weaker participant (e.g. a cyclist) unless it can be proved that the cyclist's behavior could not have been expected.
 
== See also ==
* [[Cyclability]]
 
==References==
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{{Authority control}}
 
[[Category:Road safety]]
[[Category:Cycling infrastructure]]
[[Category:Road safety]]
[[Category:Transportation planning]]