Right of way clarification discussed

A bill that would clarify right of way laws for bicyclists and pedestrians was heard by the Transportation and Telecommunications Committee Jan. 25.

LB716, introduced by Omaha Sen. Rick Kolowski, would clarify that any bicyclist who is riding on a designated path that intersects with a street or highway would have the right of way within the crossing if he or she follows all traffic signals.

In the event that a motor vehicle, bicycle and pedestrian all are present at an intersection, the pedestrian would have right of way.

Kolowski said the bill would make state laws pertaining to bicyclists and motorists easier to understand.

“These common-sense clarifications [would] strengthen the rights of cyclists and pedestrians, clarify the expectations of motorists and assist law enforcement’s ability to enforce the laws,” he said.

Roger Hirsch, president of the Great Plains Trails Network, spoke in favor of the bill.

“Bicycle riding on multi-use trails can lead to injury or even death, especially when trails intersect with roadways,” he said. “Passage of LB716 would clarify the responsibilities of motor vehicle drivers and cyclists at those critical intersections.”

LB716 also would repeal a current statute commonly referred to as the mandatory sidepath provision. This states that whenever a usable path for bicycles has been provided adjacent to a street, a bicyclist must use the path and not the street.

Julie Harris, executive director of the Nebraska Bicycling Alliance, also supported the bill. She said the mandatory sidepath provision has prevented construction of some new protected bike lanes on streets where a sidepath already may exist.

“People on bikes need to be able to legally ride on the road if there are other conditions that make a sidepath dangerous to ride on,” Harris said. “[LB716] gives the flexibility back to our local authorities to build projects that they think are the safest thing for their city.”

No one testified in opposition to the bill and the committee took no immediate action on it.