A BILL TO BE ENTITLED
AN ACT to amend the laws related to the operation of bicycles.
The General Assembly of North Carolina enacts:
SECTION 1.  Part 10A of Article 3 of Chapter 20 of the General Statutes reads as rewritten:
"Part 10A. Operation of Bicycles.
"§ 20‑171.1.  Definitions.
As used in this Part, except where the context clearly requires otherwise, the words and expressions defined in this section shall be held to have the meanings here given to them:
Bicycle. – A nonmotorized vehicle with two or three wheels tandem, a steering handle, one or two saddle seats, and pedals by which the vehicle is propelled.
"§ 20‑171.2.  Bicycle racing.
(a)	Bicycle racing on the highways is prohibited except as authorized in this section.
(b)	Bicycle racing on a highway shall not be unlawful when a racing event has been approved by State or local authorities on any highway under their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users.
(c)	By agreement with the approving authority, participants in an  approved bicycle highway racing event may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users.
"§ 20‑171.3.  Rights and duties of bicyclists generally.
A person riding a bicycle upon a roadway must be granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this Chapter, except as to special provisions in this Article and except as to those provisions of this Chapter which by their nature can have no application.
"§ 20‑171.3A.  Bicycle lanes.
(a)	For purposes of this section, "bicycle lane" means a portion of the roadway or a paved lane separated from the roadway that has been designated by striping, pavement markings, and signage for the preferential or exclusive use of bicyclists.
(b)	Whenever a bicycle lane has been provided adjacent to a roadway, operators of:
(1)	Motor vehicles may not block the bicycle lane to bicycle traffic and shall yield to a bicyclist in the bicycle lane before entering or crossing the lane; and
(2)	Bicyclists are required to ride in the bicycle lane except when necessary to pass another person riding a bicycle or to avoid an obstruction in the bicycle lane. However, bicyclists may ride on the roadway when there is only an adjacent recreational bicycle path available instead of a bicycle lane.
"§ 20‑171.3B.  Riding on roadways and bicycle paths.
(a)	Except as provided in subsection (b) of this section, every person operating a bicycle upon a public street or highway shall ride as near to the right side of the roadway as practicable. A bicyclist may, but is not required to, ride on the shoulder of the roadway in order to comply with the requirements of this subsection.
(b)	A bicyclist may ride in a lane other than the right‑hand lane if only one lane is available that permits the bicyclist to continue on his intended route.
(c)	When operating a bicycle upon a roadway, a bicyclist must exercise due care when passing a standing vehicle or one proceeding in the same direction.
(d)	Bicyclists riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
"§ 20‑171.3C.  Driver to maintain safe operating distance between motor vehicle and bicycle.
A driver of a motor vehicle must at all times maintain a safe operating distance between the motor vehicle and a bicycle.
"§ 20‑171.3D.  Manner of riding bicycles;  number of persons which may be carried.
A bicyclist propelling a bicycle may not ride other than upon or astride a permanent and regular seat attached to the bicycle. No bicycle may be used to carry more persons at one time than the number for which it is designed and equipped.
"§ 20‑171.3E.  Harassing or throwing object at person riding bicycle;  penalty.
It is unlawful to harass, taunt, or maliciously throw an object at or in the direction of any person riding a bicycle. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than two hundred fifty dollars ($250.00) or imprisoned not more than 30 days, or both in the discretion of the court.
"§ 20‑171.3F.  Clinging to vehicles prohibited.
A person riding upon any bicycle, coaster, rollerskates, sled, or toy vehicle may not attach it, them, or himself to a vehicle upon a roadway.
"§ 20‑171.3G.  Carrying articles.
A bicyclist operating a bicycle may not carry any package, bundle, or article that prevents the rider from keeping at least one hand upon the handlebars.
"§ 20‑171.3H.  Signaling turns; penalty.
(a)	A bicyclist shall indicate a right turn by extending the left arm upward, by raising the left arm to the square, or by extending the right arm horizontally to the right.
(b)	A bicyclist shall indicate a left turn by extending the left arm horizontally.
(c)	A bicyclist shall indicate stopping or decreasing speed by extending the left arm or the right arm downward.
(d)	A bicyclist is not required to give signals provided for in this section continuously if the hand or arm is needed to control the bicycle.
(e)	A violation of this section is an infraction punishable by a fine of twenty‑five dollars ($25.00).
"§ 20‑171.3I.  Brake on bicycle; penalty.
A bicycle must be equipped with a brake that will enable the bicyclist to make the braked wheels skid on dry, level, clean pavement. A violation of this section is an infraction punishable by a fine of twenty‑five dollars ($25.00).
"§ 20‑171.3J.  Authorized police patrol bicycles; operating as emergency vehicles.
(a)	An authorized police patrol bicycle used as a part of a police bicycle patrol may exercise the privileges of an emergency vehicle provided in G.S. 20‑145.
(b)	An authorized police patrol bicycle may be equipped with a siren or the officer may utilize a whistle in the performance of his duties, or both.
(c)	An authorized police patrol bicycle acting as an emergency vehicle is entitled to the exemptions of an authorized emergency vehicle if it makes use of an audible signal meeting the requirements of G.S. 20‑125(b) or visual signals meeting the requirements of G.S. 20‑130.1."
SECTION 2.  This act becomes effective December 1, 2009, and applies to offenses committed on or after that date.