Introduction:
Perhaps any other factor, cities have been completely enhanced by the influence of modes of transportation. Cities were much smaller in terms of area and population before the occurrence of the automobiles. Traveling from city to city was much strenuous.
Since the distance to carry limited goods and materials was quite short, their travel modes included riding horses or burros, traveling in animal-drawn carts, or by walking down. But the introduction and establishment of bicycle elongated the range of traveling for people.
We all are aware that when we are driving an automobile we are a motorist and when we are walking we are a pedestrian, but when we are operating a bike what are we called as per the law is considered?
Driver or Pedestrian?
For a person living in a city, where bike traffic and walking are quite common the most frequently asked question is whether a bicycle is considered as a car or a pedestrian? Also when a person sees a bicyclist blocking the street traffic or driving through the lanes that are made for automobile traffic, then we start thinking if that is legal? Or can they drive their bikes with cars on the streets or the sidewalk?
This question mainly arises when an accident has occurred at a certain place. When it comes to whose negligence has caused the accident, we start wondering if they are supposed to be treated as a driver or as a pedestrian?
The answer to this aforementioned question lies in one’s individual state’s laws. It simply means that the laws and the local applications keep differing from state to state. In many cities, if the laws for cycling restricts a person from riding on a sidewalk, then the cyclist who will be riding on the road will be considered a driver by the law. Also in most of the states, the cyclist has the right to ride across a crosswalk and the drivers would have to yield towards them as if they were pedestrians. Very often this is the beginning stage of the confusion between a cyclist and a driver and the starting point for potential accidents to occur.
Bicycle Rules of the Road
Broadly bicycles exist and are operating within an interesting hybrid area of law. It is not unusual when you see a bicycle riding a bike on the sidewalk but when you see a person driving a car on a sidewalk it’s completely uncommon as you would then see him being probably followed by flashing lights, sirens, or police alerting them to stop. Also however you would frequently see bicycles on the street lanes where the pedestrians wouldn’t be with the same police stopping them.
Some of the states enable the native municipality to form their own set rules concerning the handling of bicycles in traffic. When the individual localities belonging to the same state operate under different rules, it springs up heaps of confusion between pedestrian and a vehicle which makes it more complicated. Bicycle is taken into account to be a vehicle in many nations and native municipalities as per the Rule of thumb. This makes the bicyclists subject to some and if not all, of their states traffic laws and rules. In common person language, it’s the duty of the bike riders to fits the principles of automotive drivers in such localities.
For instance, let’s take an example when a person drives a bicycle in the street, he is supposed to adhere to the traffic rules that is look out for the stop signs and traffic lights. As conjointly it is illustrious to everybody that the state has enacted laws for texting and driving, identical laws have also conjointly been enacted and applied to the bicyclists. Section 185 of the Motor Vehicles Act 1988[1] provides that any person while driving a motor vehicle has his blood alcohol exceeding 30 mg per 100 ml of blood detected in a test by a breath analyzer then shall be punished with 6 months of imprisonment or fine or even both. In some of the localities, even the bicycle can be issued a traffic ticket, be arrested and penalized for bicycle infractions. Riding your bike on a crosswalk shall get you a ticket as it is illegal. Whereas a driver can also lose his license while driving recklessly. Bicycle are considered to be a type of vehicle but not a Motorized one like a motorcycle. It is quite rare for a bicycle to be considered a pedestrian other than some form of vehicle. Unlike the pedestrians, they are also rarely provided with laws like right-of-way for crosswalks.
Bicycles can also be at fault for causing accidents as they aren’t immune from the liability of accidents that the pedestrians would or wouldn’t have caused. It is always important to know the local laws of the jurisdiction before driving a bicycle as while being a bicyclist you engage with a certain type of accident then those laws will determine that the case involves a bicyclist as a pedestrian or whether the motor vehicle operation laws are considered.
Legal Provisions protecting Pedestrians in India
Even though the most important public spaces in the cities are the roads, the pedestrians are its largest users, but unfortunately not even more than 30% of urban areas have footpaths in India. The rights of the pedestrians have to be protected due to the diminishing pedestrian spaces and increasing Motor vehicles.
Be Careful! Eyes on the Road! Always walk with great caution while you are on the road, are often the basic lines that are been told to every pedestrian. It cannot be said that all the persons walking on the road should use them at their own risk because every individual has the right to walk and also is entitled to exercise of reasonable care on the part of the person driving the vehicle. The concern and problem of pedestrian rights have been so chronic that this only has been the subject of several litigations.
Few legal clauses take care of the rights of the pedestrians. Those are as follows:
- Section 7-38 under the Motor Vehicles Act 1988 states that a person exceeding the speed limit shall be penalized and also provides for regulation of license which indirectly protects the road users.
- Section 279[2], 304A[3], 336[4], 337[5] , and 338[6] of the Indian Penal Code, 1860 protects the public including the pedestrians from rash driving and negligence caused by motorists.
- The Rules of the Road Regulation 1989 has only three rules that mention the pedestrian the right of way. Those are:
- When you are approaching the pedestrian crossing the driver must slow down (Rule 8)
- A driver cannot park his vehicle near a traffic light or a footpath or even a on a pedestrian crossing (Rule 15)
- Only after taking the permission of a police officer on duty, then can he drive the vehicle on footpaths and cycle lanes (Rule 11)
Pedestrian rights were first mentioned in the international laws that were relevant to India during the late 1940s, but this international law provides little support concerning the rights of pedestrians. Even provisions were made under the National Urban Transport Policy (2006) but it hasn’t been made mandatory for every individual.
Conclusion
The sad reality is that we need to acknowledge a bicyclist as a third party i.e. hybrid of both the rules and stop asking whether a Bicyclist is a driver or a pedestrian.
Due to the varying laws of bicycles from one jurisdiction to the other jurisdiction, it is always important to understand and know the laws before riding a bicycle. However, if any proper and correct acknowledgment isn’t given on such matters then accidents will continue to happen for a very long time and there won’t be any stop to this.
References:
[1] 185- Driving by a drunken person or by a person under the influence of drugs
[2] 279- Rash driving or riding on a public way.
[3] 304A- Causing death by negligence
[4] 336- Act endangering life or personal safety of others
[5] 337- Causing hurt by act endangering life or personal safety of others
[6] 338- Causing grievous hurt by act endangering life or personal safety of others
Other Sources:
https://indiankanoon.org/doc/139481594/
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