[Vision2020] Moscow City Code Requires Bicycles In Operation ToHave Lights 24 Hours A Day?

Fri Jan 22 23:15:23 PST 2010

Thank you for your reply.

Given the definition of "highway" (49-109 H. (5) "Highway") to include
sidewalks, all bicycles in operation on sidewalks in Moscow require a front
light (and back reflector) between sunset and sunrise, as the code(s) you
reference indicates, with exceptions for dim lighting conditions during the
day (fog, dust, Mt. St. Helens eruption...)

It seems wise for pedestrians, skateboarders (Amazingly, I passed one on the
Latah Trail tonight miles from Moscow well past sundown, where the trail is
quite dark, though there was some moonlight, who did have a light, as did
I), roller skaters, rollerbladers, baby stroller runners, and just plain
runners, to also carry lights on sidewalks and otherwise at night, given the
potential for an accident.  A fit runner can run 10-20 mph, even faster for
sprinters, and thus may be moving faster than a slow bicyclist; thus for a
runner the potential for an accident at a "drive-in," as those areas on
sidewalks where motorized vehicles cross, to enter commercial establishments
or residential locations, is in some cases just as great as for a bicyclist.

Regarding twilight conditions, the code is clear that a front light and back
reflector for bicyclists is required between sunset and sunrise.  Thus
technically, I assume, even if a great amount of daylight is present,
immediately after sunset or before sunrise, not having a front light and
back reflector on a bicycle in operation is a violation.

But what if at twilight after sunrise or before sunset, a streetlight is
clearly illuminating a sidewalk across a drive-in, making the activity at
that location highly visible?

Perhaps the law allows a driver of a motor vehicle in this "twilight"
illuminated by a streetlight, to legally be exonerated regarding the clearly
visible occupant(s) of a sidewalk/drive-in area, if an accident occurs
involving a *bicyclist* without a front light and back reflector being
struck crossing this sidewalk/drive-in area, as the vehicle is turning to
cross the drive-in.  How would this same situation apply to pedestrians and
runners, skateboarders or rollerbladers?  Would a driver of a motor vehicle
at twilight but with streetlight illumination who struck a *pedestrian or
runner, crossing on a sidewalk drive-in, not carrying lights,* be legally
responsible?  Given my understanding, they would.  In fact, unless I
misunderstand the law, any motor vehicle entering a sidewalk/drive-in area
must yield to any pedestrian or runner in the sidewalk/drive-in area, night
or day, streetlight or not, whether the pedestrian or runner is carrying a
light or not.  Correct, or not?  If correct, bicyclists are required to
follow law regarding lighting at night that should, but does not apply to
other forms of human transport.

Perhaps the best assumption given the physics of motorized vehicles and
bicycles and other non-motorized human transport, is to assume motorists
cannot be trusted, period.  The bicyclist should *always* yield to the motor
vehicle, for maximum safety.  Regardless of who is legally right or wrong,
in the letter or the spirit of the law, the motorized vehicle will "win" in
the infliction of injuries, when an accident occurs, given the laws of
physics.

How often is the cause of death on the highways a pedestrian, runner or
bicyclist, skateboarder, rollerblader or roller skater?
------------------------------------------
Vision2020 Post: Ted Moffett

On 1/22/10, Dan Weaver <dweaver at ci.moscow.id.us> wrote:
>
>  *Ted;*
>
> Thank you for writing and bringing this issue to my attention. I will look
> into the situation and see if this is a communication breakdown between you
> and the officer or if the officer was in error in his advice to you. Either
> way I will address the situation to prevent further inaccuracies from
> occurring. I will attempt to address your questions below.
>
> There is no provision in Moscow City Code to have lights on bicycles 24
> hours a day.
>
> Generally officers use the Idaho State Code except in those cases where it
> is not applicable or is specific to City Code issues. State Codes which may
> be applicable are listed below and are noted in the last web site you posted
> below. Idaho Code 49-723 states that lights are required on bicycles as
> noted in Idaho Code 49-903. Idaho Code 49-903 states that lights are
> required from sunset to sunrise or at any other time when there is not
> sufficient light to render clearly discernible persons and vehicles on the
> highway at a distance of 500 feet. The code tends to indicate if the
> lighting conditions are dim from anything which may include fog, smog, dust
> or smoke, or at twilight a person should have a light on. Therefore if
> conditions are not such that objects or persons can be discernible at 500
> feet, a light is required which may mean anytime of the 24 hour clock.
>
> Your question regarding if lights are required on a sidewalk are addressed
> in Idaho Code 49-109 (H) (5) which is the definition of “Highway”. Since
> highway includes sidewalks, and since lights are required on highways,
> bicycles are required to have lights on sidewalks. Applicable codes are
> noted below.
>
> *49-723. LIGHT AND REFLECTOR REQUIRED AT NIGHT.*
> Every bicycle in use at the times described in section 49-903, Idaho Code,
> shall be operated with a light emitting device visible from a distance of at
> least five hundred (500) feet to the front, attached to the bicycle or the
> rider, and with a reflector clearly visible from the rear of the bicycle.
>
> *49-903. WHEN LIGHTED LAMPS ARE REQUIRED. *
> Every vehicle upon a highway at any time from sunset to sunrise and at any
> other time when there is not sufficient light to render clearly discernible
> persons and vehicles on the highway at a distance of five hundred (500) feet
> ahead shall display lighted lamps and illuminating devices as here
> respectively required for different classes of vehicles, subject to
> exceptions with respect to parked vehicles as stated herein.
>
> *49-109 H. (5) “Highway”*
>
> 49-109 H.(5) “Highway” means the entire width between the boundary lines of
> every way publicly maintained when any part is open to the use of the public
> for vehicular travel, with jurisdiction extending to the adjacent property
> line, including sidewalks, shoulders, berms and rights-of-way not intended
> for motorized traffic. The term “street” is interchangeable with highway.
>
> Please let me know if you have further questions and or suggestions
> regarding this situation.
>
>
>
> Thanks
>
>
>
> Dan Weaver
>
> Chief of Police
>
> City of Moscow
>
> 118 East 4th Street
>
> Moscow Idaho 83843
>
> (208) 882-2677
>
>
>  ------------------------------
>
> *From:* vision2020-bounces at moscow.com [mailto:
> vision2020-bounces at moscow.com] *On Behalf Of *Ted Moffett
> *Sent:* Friday, January 22, 2010 1:44 PM
> *To:* roger hayes; Dan Carscallen; Nancy Chaney; pa at latah.id.us; Lindsay
> McIntosh
> *Cc:* Moscow Vision 2020
> *Subject:* [Vision2020] Moscow City Code Requires Bicycles In Operation
> ToHave Lights 24 Hours A Day?
>
>
>
> I was told today by a Moscow police officer that Moscow city code requires
> bicycles in operation to have lights 24 hours a day.  I have never heard of
> this requirement, and so far, when checking Moscow city code that is
> available online, have not located such a code rule at the following
> websites, though it was updated 12/31/09, and if new code was adopted since
> then, the code showing may be inaccurate.  If I missed where in the city
> code at the following websites it is stated that bicycles in operation must
> have lights 24 hours a day, perhaps someone can indicate where:
>
>
>
> http://www.ci.moscow.id.us/citycode/index.asp
>
>
>
> http://www.ci.moscow.id.us/citycode/TITLE11/toc.asp
>
>
>
> http://www.ci.moscow.id.us/citycode/TITLE11/chapter3.pdf
>
>
>
> http://www.ci.moscow.id.us/citycode/TITLE11/chapter2.pdf
>
> ------------------------
>
> Otherwise, does anyone have information regarding other websites that might
> contain the Moscow city code for bicycles regarding a requirement that
> bicycles in operation must have lights 24 hours a day. Or is this particular
> Moscow code rule not on the Internet?
>
>
>
> The Idaho code for bicycles, at the website below, states bicycles on the
> highway must have a front light from sunset to sunrise, with some
> exceptions.  It does not appear to specifically address, as far as I could
> determine, whether bicycles operated on sidewalks must have a light in front
> at night:
>
>
>
> http://www.lostrivercycling.org/idcode.html
>
>
>
> ------------------------------------------
>
> Vision2020 Post: Ted Moffett
>
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