Chapter 640

2006 -- S 2042 SUBSTITUTE A AS AMENDED

Enacted 07/14/06

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES

Introduced By: Senators Cote, Tassoni, Doyle, P Fogarty, and McBurney

Date Introduced: January 12, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-1-23 of the General Laws in Chapter 31-1 entitled "Definitions

and General Code Provisions" is hereby amended to read as follows:

31-1-23. Types of roads. -- (a) "Bicycle lane" means a portion of highway right-of-way

designated by the state and identified by official traffic control devices (pavement markings) for

the exclusive use of bicyclists. The operation and parking of motor vehicles is prohibited within

the lane identified for exclusive use by bicyclists, except when making a turn, entering or leaving

the roadway or a parking lane, or when required in the course of official duty.

      (b) "Bicycle route" means a shared right-of-way along a highway, designated by the state

and identified by official traffic control devices (signs) for use by bicyclists.

      (c) "Bicycle trail or path" means a bikeway physically separated from motorized

vehicular traffic by an open space or barrier and either within the highway right-of-way or within

an independent right-of-way. Bicycle trails or paths may also be used by pedestrians, skaters,

wheelchair users, joggers and other nonmotorized users.

      (d) "Laned roadway" means a roadway which is divided into two (2) or more clearly

marked lanes for vehicular traffic.

      (e) "Limited access highway" means every highway, street, or roadway to or from which

owners or occupants of abutting lands and other persons have no legal right of access except at

those points and in that manner determined by the public authority having jurisdiction over it.

      (f) "Local highway" means every street or highway other than a state highway, private

road, or driveway.

      (g) "Private road or driveway" means every way or place in private ownership that is

used for vehicular travel only by the owner and by those others having express or implied

permission from the owner.

      (h) "Roadway" means that portion of a highway improved, designed, or ordinarily used

for vehicular travel, excluding the sidewalk, berm, or shoulder even when used by persons riding

bicycles. In the event a highway includes two (2) or more separate roadways, "roadway" refers to

the roadway separately and not the roadways collectively.

      (i) "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of

a roadway, and the adjacent property lines intended for the use of pedestrians.

      (j) "State highway" means every street or highway constructed and/or maintained by the

director of public works and the division of roads and bridges.

      (k) "Street or highway" means the entire width between boundary lines of every way

when any part of it is open to the use of the public for purposes of vehicular traffic.

      (l) "Through highway" means every highway or portion of a highway having entrances

from intersecting highways at which vehicular traffic is required by law to stop before entering or

crossing, and where stop signs are erected under the provisions of chapters 1 -- 27 of this title.

     SECTION 2. Chapter 31-19 of the General Laws entitled "Operation of Bicycles" is

hereby amended by adding thereto the following sections:

31-19-1.1. Definitions. – (a) "Bicycle trail or path" means a bikeway physically

separated from motorized vehicular traffic by an open space or barrier and either within the

highway right-of-way or within an independent right-of-way. Bicycle trails or paths may also be

used by pedestrians, skaters, wheelchair including motorized wheelchair users, joggers and other

nonmotorized users.

31-19-1.2. Rules of the road for bikeways. – (a) All users of bikeways, bike paths or

shared use paths must:

(1) Stay to the right;

(2) Pass only on the left when it is safe to do so;

(3) Give appropriate warning to other users when passing; and

(4) Travel at speeds which are safe and appropriate for the conditions at the time and

place.

     SECTION 3. This act shall take effect on July 1, 2008.

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LC00009/SUB A

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