Bike Laws in Indiana: A Complete Overview

      The Rules of Indiana Bicycle Laws

      In Indiana, the laws that frame a bicyclist’s behavior are contained primarily in the Indiana Model Traffic Code. That code is found in Chapter 9 of Title 9, which in and of itself is part of the Indiana Criminal Code and Indiana Budget Bill enacted each biennium. And although the motor vehicle laws apply, for the most part, to motor vehicles, i.e., motorcycles, trucks, automobiles and the like, the traffic laws also apply to bicycles. Pervasive throughout the Model Traffic Code are the words "motor vehicle." Those words are broadly construed to include all motorized vehicles and bicycles. Indeed, under Indiana law, bicycles are a "vehicle" and cyclists have the same rights on the roads as drivers of motor vehicles. Indiana Code Section 9-21-11-3 defines "vehicle" as:

      (1) A device, including a combination of devices, other than a device moved by human power or used exclusively on permanent tracks, in, upon, or by which any person or property is or may be transported or drawn upon a highway.
      (2) A snowmobile, watercraft, or aircraft.

      A. Except as provided in subsection B…
      B. The term defined in section 3 of this chapter does not include a bicycle, electric foot scooter, or an electric bicycle .
      And as a result of this broad definition of what constitutes a "vehicle" and "driver," motorized and non-motorized vehicles have nearly identical rights on the roadways. See I.C. § 9-21-11-1, et seq.
      Of course, there are some Indiana Traffic Code provisions that apply only to motor vehicles: these include provisions prohibiting the use of seatbelts, provisions specific to passenger cars pertaining to the use of headlights and windshield wipers, provisions concerning turn signals and stop lights, and so on. But, for the most part, the Model Traffic Code, concerning such things as lane usage, speed limits, parking, road signs, and stop signs, applies equally to bicycles and motor vehicles.
      Violations of the traffic rules in Indiana are designated as infractions. Indiana law provides that infractions cannot provide the basis for a criminal record, except for certain reporting purposes, such as for DOT or securities purposes. A traffic infraction carries only a fine and points against the offender’s driving privileges. Any traffic offense other than a simple infraction is classified as a misdemeanor and can incur points.

      Indiana Laws Regarding Rights and Responsibilities

      Almost every single statute about the rights and duties of a cyclist under Indiana law are found in Ind.Code 9-21-11. Among the statutes relating to the right of way, or the duties of cyclists when approaching and passing other vehicles, are the following:
      IC 9-21-11-2 "Bicycle" defined Sec. 2. For purposes of this chapter, "bicycle" means a human powered vehicle with two (2) wheels, all of which are in contact with the ground, except while the vehicle is being used as a wheelchair. As added by P.L.2-2004, SEC.6.
      IC 9-21-11-7 "Operate", "operating", and "operated" defined Sec. 7. The terms "operate", "operating", and "operated", as used in this chapter, refer exclusively to exercise of physical control over a motor vehicle, bicycle or motor assisted scooter, except that if a person is in any position preparing to operate, operate or attempt to operate a bicycle at any time, the terms "operate", "operating", and "operated" shall be construed as if the person were physically controlling the bicycle. As added by P.L.2-2004, SEC.6.
      IC 9-21-11-9 Repealed…by P.L.2-2004, SEC. 6 REPEALED BY P.L.2-2004, SEC.8
      IC 9-21-11-13 Yellow lamps on bicycles Sec. 13. A bicycle operator may equip the bicycle with a yellow lamp that: (1) is mounted as far to the front and as far to the rear of the bicycle as practicable; (2) exhibits a yellow light visible from a distance of not less than five hundred (500) feet; and (3) flashes on and off from a distance of not less than five hundred (500) feet. As added by P.L.2-2004, SEC.6.
      IC 9-21-11-14 Headlamp on bicycle Sec. 14. A bicycle operator may equip the bicycle with a headlamp that exhibits a white light visible from a distance of not less than five hundred (500) feet. As added by P.L.2-2004, SEC.6.
      IC 9-21-11-26 Approval of bicycle facilities Sec. 26. The Indiana department of transportation and local authorities are hereby authorized to approve the placing of facilities required or permitted under this chapter for the safe accommodation of bicycles. Facilities between a curb and roadway shall conform to the Indiana State Highway Road and Street Manual, and facilities other than those between a curb and roadway not inconsistent with the Indiana State Highway Road and Street Manual shall conform to the provisions of section 18 of this chapter. As added by P.L.2-2004, SEC.6.
      IC 9-21-11-22 Duties of driver approaching bicycle Sec. 22. (a) A driver of a motor vehicle overtaking a bicycle must: (1) maintain a safe distance when passing a bicycle, which distance may not be less than three (3) feet, plus an additional one (1) foot for every additional ten (10) miles per hour over thirty-five (35) miles per hour; and (2) maintain a safe speed for overtaking a bicycle, which speed may not be more than the speed limit in effect at the time and location. (b) A driver overtaking a bicycle shall maintain the distance and speed prescribed in subsection (a) until completely clear of the bicycle. (c) For purposes of this section, a driver of a motor vehicle "overtakes" a bicycle if the motor vehicle passes the bicycle from behind and as a result, first develops visual contact with the bicycle beyond the distance described in subsection (a). As added by P.L.2-2004, SEC.6.
      IC 9-21-11-23 Overtaking vehicle stopped for pedestrian at crosswalk Sec. 23. If a motor vehicle is stopped at an intersection, for the purpose of allowing a pedestrian to pass across a crosswalk, the driver of another motor vehicle approaching from the rear may not pass the stopped motor vehicle, except when otherwise directed by a police officer. As added by P.L.2-2004, SEC.6.
      IC 9-21-11-27 Ban of motor vehicles in bike lanes Sec. 27. (a) The Indiana department of transportation shall place the following notices on the, or the adjacent curbing to the, right hand side of any highway where the highway has been designed with a lane for a bicycle: "Bicycles stop here for motorist at red traffic light". The notice must be: (1) printed in letters that are a minimum of four (4) inches in height; and (2) printed in colors that are similar to the colors used for stop signs. (b) The notice must be placed such that a person moving on the highway or in a motor vehicle can read the notice when approaching the intersection. (c) The Indiana department of transportation may remove or relocate the notice for purposes of safety. (d) For purposes of this section, "highway" means a controlled access highway that is: (1) designated by the Indiana department of transportation; or (2) that designates an interstate highway. As added by P.L.2-2004, SEC.6.
      IC 9-21-11-9 "Operator" defined Sec. 9. For purposes of this chapter, "operator" means a person who exercises physical control over a motor vehicle, bicycle, or motor assisted scooter, except that if a person is in any position preparing to operate, operate, or attempt to operate a bicycle, the terms "operator", "operating", and "operated" shall be construed as if the person were physically controlling the bicycle. As added by P.L.2-2004, SEC.6.
      IC 9-21-11-30 Prohibition of traffic control signal attached to bicycle Sec. 30. A person may not place or maintain a traffic control signal on or attached to a bicycle. This section does not apply to equipment required or authorized under IC 9-21-18-18. As added by P.L.2-2004, SEC.6.
      IC 9-21-11-16 Passing persons riding bicycles Sec. 16. (a) To pass a person riding a bicycle on a highway the driver of a vehicle must: (1) reduce the speed of the vehicle immediately before passing the person riding a bicycle; (2) leave a safe distance between the vehicle and the person riding a bicycle that the driver has passed; and (3) report the person riding a bicycle observed to the police if the driver is so close to the person riding a bicycle that the driver: (A) could have been cited or warned; or (B) as a direct result of the driver’s action or failure to act, a collision or near collision occurred between the vehicle and the person riding a bicycle. (b) The Indiana State Police Department or a local police department shall report the violation to the person riding the bicycle. (c) The police department shall investigate the reported violation. (d) The police department may issue a warning to the operator or take administrative action including suspension or removal of the license of the operator of the vehicle. As added by P.L.2-2004, SEC.7.

      Helmet Laws and Other Safety Requirements

      While Indiana state law does not mandate that cyclists wear helmets or any specific safety gear, the Indiana Criminal Justice Institute strongly recommends that all cyclists wear an approved helmet. An approved helmet is one that meets the standards set forth by the Consumer Product Safety Commission or the Snell Memorial Foundation. Helmets manufactured after March 1989 generally meet these standards and should have a label inside to verify.
      Several local jurisdictions do have laws requiring the use of helmets while riding bicycles. The attached map shows the local ordinances in effect. Children under the age of 16 are required to wear a helmet in several jurisdictions, including the cities of Bloomington, Evansville, Gary and Indianapolis as well as the counties of Allen, Dearborn, Fayette, Hamilton, Hardin, Henry, Lake, Marshall, Montgomery, Pulaski, Rush, St. Joseph, Tipton, Vanderburgh, Vermillion, Warren, Washington, Wells, White, and Whitley. Note that the term "bicycle" is defined in the local ordinances to include tricycles, and this term does apply to adult scooters. The local ordinances specify the type of safety helmet required, though this seems to suggest that other types of safety helmets do not comply with the ordinance.
      The ordinance in Hammond specifies that children under the age of 6 must wear a safety helmet while riding as a passenger on a scooter, power scooter, skateboard or bicycle, but for all riders up to the age of 16 while riding on bicycles. It also requires the use of a helmet while riding a motorcycle, except when the rider is over the age of 16 and is able to show evidence of having passed a safety course established by the Indiana Bureau of Motor Vehicles. Evansville requires all riders on bicycles under the age of 15 to wear a helmet, and Broad Ripple has a similar ordinance.
      The Indiana Bicycle Helmet Law (IC 14-20-1-16) requires every municipality in Indiana to enact an ordinance requiring the wearing of helmets by all children under age 15 while riding a bicycle. In other words, for children under the age of 15, compliance with this law can be required by the municipality within which the child is riding a bicycle. The only exception provided is if the child resides outside of Indiana and is visiting for a short time. The 2001 General Assembly amended the law to include the use of adult bicycle helmets and sets standards for manufacturing and usage of such equipment. This law does not go into effect until July 1, 2002, and authorizes counties, municipalities and other political subdivisions (such as school corporations) to adopt a resolution or ordinance regulating the use of adult bicycle helmets. So, while the current law does not require the use of adult bicycle helmets, the law may be amended to empower local units of government to do so.

      Necessary Bicycle Equipment

      As per Indiana law, bicycles must be equipped with certain essential equipment. As a first requirement, each bicycle must have at least one working brake. It may be a hand brake, foot brake or a combination of both. The brakes must be able to stop the bicycle in normal conditions at no less than 15 feet at a speed of 15 miles per hour.
      As an added safety feature, Indiana law requires that all bicycles produced after January 1, 1973 must be equipped with reflectors. Specifically, the only acceptable ones are those which reflect red light in the rear and reflectors which generate white light on the front. All reflectors must be attached at a visible position as far to the right as possible and at a height between 15 inches and 60 inches from the ground. The height requirement is in part because reflectors will be more visible on bicycles that are upright than on racing bikes. As to positioning, those reflectors need be positioned so that they are visible, that is not obscured from sight by other components of the bicycle when viewed from 300 feet. The white front reflector must be in full view of oncoming traffic. The red rear reflector must also be visible to vehicles approaching the bicycle from behind.
      Just like cars, motorcycles and trucks, Indiana law requires that each bicycle produced after January 1, 1995 and any bicycle manufactured prior to 1973 must carry a brass, zinc, aluminum or steel bell, horn or other sound emitting device on the handlebars. The purpose of this requirement is to alert pedestrians of the bike’s presence.
      In addition to reflectors and a sound emitting device, Indiana law also requires that all bicycles produced after January 1, 1995 and any bicycle manufactured prior to 1973 must have at least one white light on the front which emits light for at least 500 feet or one red light emitting light which is visible at a distance of 500 feet to the rear. As for placement, the white headlight shall be clearly visible from a distance of at least 500 feet and the red taillight shall be clearly visible from a distance of at least 300 feet. If the bicycle is being used at night, the taillight shall be on whenever the bicycle is in motion, whether on a roadway, trail or off-road.
      It is unclear what the penalty is for bicycle riders who don’t have the required lights or reflectors. However, in my experience, the police officers will usually give a verbal warning rather than write them a traffic ticket. Of course, that doesn’t mean that it won’t happen as they do have the right. The law specifically provides: If you are unsure whether your bicycle is street legal, it can be modified to comply with Indiana law. Most bicycle shops will carry bike lights, reflectors and other materials we discussed above.

      Sidewalks and Paths

      Riding on sidewalks and paths
      Unless the local authority has chosen to limit or restrict the riding of bicycles on sidewalks by ordinance, there is no statewide restriction in Indiana. And to invoke the oft used phrase, the exception is the city of Indianapolis. The City Code of Marion County presently states: Section 431-403. Riding bicycles on sidewalks No person shall ride a bicycle upon a sidewalk within a business district. Notwithstanding said prohibition, any person may ride a bicycle, upon a sidewalk designated as a bicycle path by the commissioner, the Department of Parks and Recreation, or the proper official , when (1) the bicycle path is free and clear of pedestrians; (2) such person shall yield to the right-of-way to any pedestrian lawfully using the sidewalk; and, (3) the bicycle path shall be clearly delineated or obvious to anyone. If a local ordinance is enacted that limits or restricts bicycles on sidewalks, it will get pretty tricky to determine just where the boundaries lie – at what point does the change from sidewalk to road occur? The inevitable "conflict" between bicycles and pedestrians is always presented as dangerous and harmful to people walking. The bicycle, like the child, should be on sidewalks, paths and roads. How other people choose to behave on these facilities is a matter of good sense and common law.

      Interactions With Pedestrians and Motorists

      Interaction with Pedestrians and Other Motorists
      Bicyclists must yield to pedestrians
      Although bicyclists have the right to use the roadway, the Indiana Code specifically states that a person operating a bicycle shall yield the right-of-way to any pedestrian on the roadway. IC 15-20-1-33(a). This means that when you encounter a pedestrian on the roadway, they get the right of way. The statute does not distinguish a crosswalk from the roadway, but the Indiana Court of Appeals held that a crosswalk is part of the roadway. City of Helathcare v. Sweeney, 908 N.E.2d 676 (Ind. Ct. App. 2009). That means that when pedestrians are within the crosswalk, they are entitled to the right-of-way, and that includes the right-of-way to the bike/pedestrian path or lane. Most crosswalks are marked with white lines, and marked intersections have traffic signals that must also be obeyed by all vehicles. A motorist must stop before entering the intersection if they are facing a red light or stop sign at an intersection. Motorists must also stop for pedestrians under IC 15-20-1-33. And bicycles don’t have to stop for pedestrians in marked crosswalks – bicyclists must yield.
      Cyclists and motorists must signal
      Motorists and bicyclists both have the duty to signal their intention to turn or stop. Motorists are supposed to use the left turn signal for a left turn and the right turn signal for a right turn and all that kind of stuff. But have you noticed that motorists don’t seem to be familiar with the concept in real life? Well, as a practical matter, no fault should be imputed to a cyclist who does not use hand signals that a motorist should reasonably have seen on account of a motorist’s violations of any of the following: So there you go. In other words, when a cyclist fails to use a hand signal, probably no fault. When you really think about it, the law probably can’t say any more than that. If motorist traffic violations are so bad in a particular area that they were a cause of an accident, the particular motorists who caused the accident should probably be held liable as a matter of law. If you get into a bike accident and the police determine that your right-of-way was violated by another motorist, don’t feel bad if you didn’t signal your left turn. Instead, be sure to share this post. Taking responsibility is a great thing, but when you’re not at fault in a collision or a crash, let the other person shoulder their share of the responsibility—that’s just good sense. Let them take it to their insurance so you don’t have to.
      Cyclists must wait for traffic signal to turn green
      Indiana law says that stop signs apply to bicycles as they do to motor vehicles. That means that it is against the law for cyclists to go through a stop sign unless – you guessed it – it’s safe to do so from the bicycle lane. A right turn on red is also governed by the motor vehicle traffic regulations. A cyclist must come to a complete stop at the intersection and enter the intersection after waiting for the cross traffic to come to a complete stop. Bicyclists may not proceed through the intersection until the traffic signal turns green and drivers have to yield the right-of-way. Bicyclists can dismount and walk their bicycles across intersections or otherwise comply with the roadway traffic signals.

      Penalties for Breaking Bicycle Laws

      The consequences of violating Indiana’s bicycle laws are similar to the penalties imposed for other traffic offenses. Most bicycle-related infractions are class C infractions, where an individual can be fined up to $500. Other more severe infractions can result in a conviction of a class B misdemeanor, with maximum fines of up to $1,000. Because they’re not considered criminal offenses, most bicycle-related violations only involve fines and don’t result in points being added to an individual’s driving record.
      Common bicycle traffic infraction examples:
      Crossing a public road without using required motion indicators on the bike: A person who violates this law may be charged with a class C infraction under Indiana Code 9-21-11-7. The state has found this infraction to be serious enough to carry a potential fine of $500 compared to other bicycle traffic-related infractions that have fines of $10.
      Failure to signal for turns or lane changes while on a bicycle: A person who fails to use that signal when traveling on a bicycle may be guilty of a class C infraction. Under Indiana Code 9-21-8-25, the state reserves class C infractions — such as this one — for offenses that are important for public safety .
      Driving on a sidewalk: Like other traffic infractions in Indiana, individuals can also receive fines for regular motor vehicle driving violations. For example, driving on a sidewalk is illegal unless a motorist is entering or leaving a driveway or alley. Again, it’s important to remember that bicycles are defined as vehicles under the law, so some bicycle infractions can carry higher fines and penalties.
      Additional penalties that can be imposed for bicycle-related traffic infractions include points being added to an individual’s driving record under Indiana Code 9-14-7-3. As is the case for regular traffic violations, this will increase insurance premiums.
      Regularly cycling on the streets can also have its punishments. Police can temporarily impound bicycles in certain circumstances. When a police officer believes a bicycle is parked illegally on a public street or highway, that officer can impound the bicycle.
      The amount of the penalty that will be incurred for an illegally parked bike is $5, which is at the lower end of the acceptable range of penalties as set out by Indiana Code 9-21-16-4 and Indiana Code 9-21-16-5. Other penalties for bicycles that are illegally parked on the streets include fines of up to $25 for bicycles and $50 for motor-powered bicycles.

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