HARRISBURG, Pa. — The Pennsylvania Supreme Court has affirmed that cyclists have a right to the road, determining that people on bicycles aren't automatically obligated to pull over to make room for motorists.
In a 5-2 decision, the justices ruled cyclists cannot impede normal and reasonable traffic but that road conditions should dictate whether cyclists need to pull over to make way for faster vehicles.
The ruling this month reinforces what bike advocates are already teaching in the Lehigh Valley, said Scott Slingerland, executive director of the Coalition for Appropriate Transportation. Cyclists must follow state laws and act with safety in mind, but they aren't second-class citizens on the road, either.
"The bicyclist has a right to do what they need to do for their safety," Slingerland said.
"The bicyclist has a right to do what they need to do for their safety."Scott Slingerland, Coalition for Appropriate Transportation
In some situations, Slingerland said, it's safer for cyclists to remain in the travel lane than it is to move onto the shoulder, if one exists. In winter, ice and snow can create hazardous conditions. Even pulling to the far right of the right lane can be more dangerous as drivers may try to pass without creating the four-foot buffer as required by law, he said.
Case-by-case determination
The ruling stems from a 2021 Butler County case where a state trooper noticed a westbound cyclist with 10 vehicles stuck behind him on a two-lane state highway.
All those drivers were able to pass the cyclist over a two-minute period when breaks in the eastbound traffic allowed, but the trooper was unable to pass safely. When the cyclist didn't pull over onto the shoulder after two pass attempts failed, the trooper pulled the cyclist over and wrote him a $25 ticket.
The cyclist, Brendon Linton, took the ticket to trial and appealed the matter all the way to the state Supreme Court after losing.
He argued that he did not have an obligation to pull off the road under the circumstances. While slow-moving cars and trucks are required to pull over, state law creates a different standard for cyclists. Instead, cyclists are instructed to make "reasonable efforts" not to impede traffic if they're moving at speeds safe and appropriate for a bicycle.
The high court agreed.
Cyclists entitled to travel lanes, too
In the majority opinion, Justice Kevin Dougherty wrote that, while cyclists are generally required to be in the right lane, the law does not require them to move into the edge of the lane or shoulder if cars are behind them. Circumstances such as the weather, flow of traffic, the lack or presence of a shoulder and potential obstacles such as debris or pedestrians should factor into decisions about whether cyclists need to pull over, the court ruled.
The court sent Linton's case back to Superior Court to determine if he acted reasonably under the circumstances. The ruling mentioned the section of highway featured loose gravel, sewer grates, a pedestrian and signs reading "Keep Off the Shoulder" when the trooper pulled over Linton.
In the minority opinion, Justice Daniel McCaffery found the majority didn't go far enough to protect cyclists' rights. The vague test the ruling creates ignores the simple fact that cyclists can't match the speeds of motorists. Without clear cut rules of when cyclists need to pull over, they're at risk of being ticketed anytime they try to use the road at the same time as a motor vehicle, he said.
"Common sense is something we're going to use whether we're investigating an accident or enforcing the statutes we have on the books."Lt. William Audelo, Bethlehem Police Department
Under these circumstances, a risk-averse operator would correctly assume his or her only option is to pull off the roadway if he or she does not want to risk a citation. "I cannot believe that this absurd result is what the Legislature intended," McCaffrey wrote.
It remains to be seen how the ruling will affect traffic enforcement in practice.
Lt. William Audelo of the Bethlehem Police Department said the ruling mostly aligns with what officers have enforced. While cyclists have the right to be on the road, they don't have the right to create an unsafe situation if avoidable.
"Common sense is something we're going to use whether we're investigating an accident or enforcing the statutes we have on the books," said Audelo, a traffic and school safety officer. "If you're a cyclist on the roadways, we expect you to know the rules and act accordingly."
