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23 U.S.C. § 217Bicycle transportation and pedestrian walkways

submitted 53 years ago by Pub. L. 93-87 to r/title-23-HIGHWAYS · 912 words · no verdicts yet

in plain englishAI-generated · not legal advice

States can use federal highway funds to build sidewalks and bike lanes, and to fund bike and pedestrian coordinators. States must consider bike and pedestrian safety in transportation planning, and generally can't allow motor vehicles on these trails. The section also defines key terms like "bicycle transportation facility," "electric bicycle," "pedestrian," and "wheelchair."

(a) STP and Congestion Mitigation Program funds: With the Secretary's approval, a state can use funds it receives under sections 104(b)(2) and 104(b)(4) to build sidewalks, bike lanes, and shared micromobility facilities, and to carry out projects that improve safety for bicyclists and pedestrians. (b) National Highway Performance Program funds: With the Secretary's approval, a state can also use funds under section 104(b)(1) to build sidewalks and bike facilities on land next to a National Highway System road. (c) Federal Lands Highway funds: Money set aside for forest highways, forest roads and trails, public-lands roads and trails, park roads, parkways, Indian reservation roads, and public-lands highways can also fund sidewalk and bike-facility construction, at the discretion of whichever department administers that money. (d) State bicycle and pedestrian coordinators: Each state receiving money under sections 104(b)(2) and 104(b)(4) must use part of it to fund up to two "bicycle and pedestrian coordinator" positions in its transportation department, to promote and facilitate more walking and biking — including developing facilities and running education, promotion, and safety programs. (e) Bridges: If a federally funded bridge-deck replacement or rehabilitation is on a highway where pedestrians or bicyclists are allowed at both ends of the bridge, and the Secretary decides safe accommodation for them is affordable as part of the project, the bridge must be replaced or rehabilitated to provide that safe accommodation. (f) Federal share: Building a sidewalk or bike/micromobility facility counts as a highway project, and the federal share is figured under section 120(b). (g) Planning and design: (1) Metropolitan planning organizations and states must give bicyclists and pedestrians real consideration in their comprehensive transportation plans, and must consider bike facilities and sidewalks in new construction and reconstruction, except where biking or walking isn't permitted. (2) Transportation plans and projects must provide for the safety and connected routes of bicyclists and pedestrians, including — where appropriate — audible traffic signals and signs at street crossings. (h) Motorized vehicles: Motor vehicles generally can't be allowed on trails and walkways built under this section, except for: (1) maintenance; (2) snowmobiles, when snow conditions and state or local rules permit; (3) motorized wheelchairs; (4) electric bicycles, when state or local rules permit; and (5) other circumstances the Secretary decides are appropriate. (i) Transportation purpose: No bicycle project can be funded under this section unless the Secretary has determined it will be principally for transportation, not recreation. (j) Definitions: (1) "Bicycle transportation facility" means a new or improved lane, path, or shoulder for bicyclists, and a traffic control device, shelter, or parking facility for bikes. (2)(A) "Electric bicycle" means a bicycle with fully working pedals, a seat, and an electric motor under 750 watts, that can safely share a bike facility with other users, and that fits one of three classes. (B)(i) "Class 1" assists only while the rider pedals and stops assisting at 20 mph. (ii) "Class 2" has a motor that can propel the bike on its own, but can't assist at 20 mph or more. (iii) "Class 3" assists only while pedaling and stops assisting at 28 mph. (3) "Pedestrian" means anyone traveling by foot, and any mobility-impaired person using a wheelchair. (4) "Wheelchair" means an indoor-usable mobility aid, manual or motorized, designed for and used by people with mobility impairments.
the actual law source: uscode.house.gov ↗public domain
(a)Use of STP and Congestion Mitigation Program Funds.—

Subject to project approval by the Secretary, a State may obligate funds apportioned to it under sections 104(b)(2) and 104(b)(4) of this title for construction of pedestrian walkways and bicycle and shared micromobility transportation facilities and for carrying out nonconstruction projects related to safe access for bicyclists and pedestrians.

(b)Use of National Highway Performance Program Funds.—

Subject to project approval by the Secretary, a State may obligate funds apportioned to it under section 104(b)(1) of this title for construction of pedestrian walkways and bicycle transportation facilities on land adjacent to any highway on the National Highway System.

(c)Use of Federal Lands Highway Funds.—

Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands highways shall be available, at the discretion of the department charged with the administration of such funds, for the construction of pedestrian walkways and bicycle transportation facilities.

(d)State Bicycle and Pedestrian Coordinators.—

Each State receiving an apportionment under sections 104(b)(2) and 104(b)(4) of this title shall use such amount of the apportionment as may be necessary to fund in the State department of transportation up to 2 positions of bicycle and pedestrian coordinator for promoting and facilitating the increased use of nonmotorized modes of transportation, including developing facilities for the use of pedestrians and bicyclists and public education, promotional, and safety programs for using such facilities.

(e)Bridges.—

In any case where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which pedestrians or bicyclists are permitted to operate at each end of such bridge, and the Secretary determines that the safe accommodation of pedestrians or bicyclists can be provided at reasonable cost as part of such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe accommodations.

(f)Federal Share.—

For all purposes of this title, construction of a pedestrian walkway or a bicycle or shared micromobility transportation facility shall be deemed to be a highway project and the Federal share payable on account of such construction shall be determined in accordance with section 120(b).

(g)Planning and Design.—
(1)In general.—

Bicyclists and pedestrians shall be given due consideration in the comprehensive transportation plans developed by each metropolitan planning organization and State in accordance with sections 134 and 135, respectively. Bicycle transportation facilities and pedestrian walkways shall be considered, where appropriate, in conjunction with all new construction and reconstruction of transportation facilities, except where bicycle and pedestrian use are not permitted.

(2)Safety considerations.—

Transportation plans and projects shall provide due consideration for safety and contiguous routes for bicyclists and pedestrians. Safety considerations shall include the installation, where appropriate, and maintenance of audible traffic signals and audible signs at street crossings.

(h)Use of Motorized Vehicles.—

Motorized vehicles may not be permitted on trails and pedestrian walkways under this section, except for—

(1)

maintenance purposes;

(2)

when snow conditions and State or local regulations permit, snowmobiles;

(3)

motorized wheelchairs;

(4)

when State or local regulations permit, electric bicycles; and

(5)

such other circumstances as the Secretary deems appropriate.

(i)Transportation Purpose.—

No bicycle project may be carried out under this section unless the Secretary has determined that such bicycle project will be principally for transportation, rather than recreation, purposes.

(j)Definitions.—

In this section, the following definitions apply:

(1)Bicycle transportation facility.—

The term “bicycle transportation facility” means a new or improved lane, path, or shoulder for use by bicyclists and a traffic control device, shelter, or parking facility for bicycles.

(2)Electric bicycle.—
(A)In general.—

The term “electric bicycle” means a bicycle—

(i)

equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts;

(ii)

that can safely share a bicycle transportation facility with other users of such facility; and

(iii)

that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle.

(B)Classes of electric bicycles.—
(i)Class 1 electric bicycle.—

For purposes of subparagraph (A)(iii), the term “class 1 electric bicycle” means an electric bicycle, other than a class 3 electric bicycle, equipped with a motor that—

(I)

provides assistance only when the rider is pedaling; and

(II)

ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.

(ii)Class 2 electric bicycle.—

For purposes of subparagraph (A)(iii), the term “class 2 electric bicycle” means an electric bicycle equipped with a motor that—

(I)

may be used exclusively to propel the bicycle; and

(II)

is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.

(iii)Class 3 electric bicycle.—

For purposes of subparagraph (A)(iii), the term “class 3 electric bicycle” means an electric bicycle equipped with a motor that—

(I)

provides assistance only when the rider is pedaling; and

(II)

ceases to provide assistance when the speed of the bicycle reaches or exceeds 28 miles per hour.

(3)Pedestrian.—

The term “pedestrian” means any person traveling by foot and any mobility-impaired person using a wheelchair.

(4)Wheelchair.—

The term “wheelchair” means a mobility aid, usable indoors, and designed for and used by individuals with mobility impairments, whether operated manually or motorized.

Source credit: (Added Pub. L. 93–87, title I, § 124(a), Aug. 13, 1973, 87 Stat. 262; amended Pub. L. 94–280, title I, § 134, May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, § 141(h), Nov. 6, 1978, 92 Stat. 2712; Pub. L. 97–424, title I, § 126A, formerly § 126, Jan. 6, 1983, 96 Stat. 2116, renumbered § 126A, Pub. L. 100–17, title I, § 133(a)(2), Apr. 2, 1987, 101 Stat. 170; Pub. L. 100–17, title I, § 127, Apr. 2, 1987, 101 Stat. 167; Pub. L. 102–240, title I, § 1033, Dec. 18, 1991, 105 Stat. 1975; Pub. L. 104–59, title III, § 310(b), Nov. 28, 1995, 109 Stat. 582; Pub. L. 105–178, title I, § 1202(a), June 9, 1998, 112 Stat. 168; Pub. L. 109–59, title I, § 1954, Aug. 10, 2005, 119 Stat. 1515; Pub. L. 112–141, div. A, title I, § 1104(c)(4), July 6, 2012, 126 Stat. 427; Pub. L. 114–94, div. A, title I, § 1446(a)(13), Dec. 4, 2015, 129 Stat. 1438; Pub. L. 117–58, div. A, title I, §§ 11133, 11525(p), Nov. 15, 2021, 135 Stat. 514, 608.)

history & why it existsrecord from the source credit
  • 1973Enacted · Pub. L. 93-87 · 87 Stat. 262
  • 1976Amended · Pub. L. 94-280 · 90 Stat. 441
  • 1978Amended · Pub. L. 95-599 · 92 Stat. 2712
  • 1983Amended · Pub. L. 97-424 · 96 Stat. 2116
  • 1987Amended · Pub. L. 100-17 · 101 Stat. 167
  • 1991Amended · Pub. L. 102-240 · 105 Stat. 1975
  • 1995Amended · Pub. L. 104-59 · 109 Stat. 582
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 168
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1515
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 427
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1438
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 514, 608

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-87 on 1973-08-13.

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