1. Proposed Bicycling Ordinance Updates
The following three policy items have been identified through recommendations from City
staff, the Northwest Arkansas Bicycle and Pedestrian Master Plan and the League of American
Bicyclists Bicycle Friendly Community feedback process.
I. Re-write and expand City Code 73.04 Riding on Roadways and Bicycles Paths- which
includes what is commonly referred to as a “mandatory side path law”.
II. Re-write City Code 73.05 Riding On Sidewalks
III. Draft a Vulnerable Road Users Protection Ordinance
I. Background on Mandatory Side Path Laws:
Mandatory side path laws require cyclists to use a side path where provided instead of
riding on the road. Cyclists and safety advocates are opposed to these laws because they
believe cyclists should have an equal right to share the road and riding on the road is almost
always safer for cyclists and pedestrians. Riding on a side path can be problematic for cyclists,
particularly when sharing the side path with pedestrians. Mandatory side path laws were
enacted in the 1960’s and today they are commonly being repealed at the state and local level.
Currently, only seven states have mandatory side path laws. Cycling advocates have been
successful arguing against these laws, and governments have been unwilling to assume liability
for the safety of side paths.
The State of Arkansas does not have a mandatory side path law; however, Fayetteville
does have a city ordinance (73.04, adopted in 1965) which mandates side path use. In
accordance with the recommendations from the Northwest Arkansas Bicycle and Pedestrian
Master Plan and the League of American Bicyclists the City of Fayetteville will consider the
revision of City Ordinance 73.04 “Riding On Roadways and Bicycles Paths”. This ordinance is
referred to as the “mandatory side path law” in the Programs and Policies Recommendations
section on page 6-55 of the Northwest Arkansas Bicycle and Pedestrian Master Plan.

2. Proposed Action
Re-write and expand City Code 73.04 to include comprehensive policies that will give cyclists,
pedestrians and motorists a clear and enforceable code for cyclists and motorists sharing the
road. The new code version will ensure equal road access for cyclists while still requiring cyclist
to ride on usable pathways built exclusively for bicycles, such as bike lanes and cycle tracks. The
limitation on riding more than two-abreast is also a state law, thus keeping this regulation in
place will allow for more local discretion upon enforcement. Added clauses will also allow
cyclists to use his or her own judgment to avoid hazardous road conditions while still requiring
cyclist to allow room for passing traffic as conditions permit.
73.04 Riding On Roadways And Bicycles Paths (Current Version)
Every person operating a bicycle upon a roadway shall ride as near to the right-hand side of the
roadway as practicable, exercising due care when passing a standing vehicle or one, proceeding
in the same direction. Persons 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.
Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders
shall use such path and shall not use the roadway. (Code 1965, '19-208; Ord. No. 1447, 6-7-65;
Code 1991, §73.04) Cross reference(s)--Penalty, '70.99.
73.04 Riding On Roadways And Bicycles Paths (Proposed Version)
a. Any person operating a bicycle upon a roadway at less than the normal flow of
traffic shall ride in the right-hand lane, subject to the following conditions:
i. If the right-hand lane then available for traffic is wide enough to be safely
shared with overtaking vehicles, a bicyclist shall ride far enough to the
right, as judged safe by the bicyclist, to facilitate the movement of such
overtaking vehicles unless other conditions make it unsafe to do so.
ii. A bicyclist may use a lane other than the right-hand lane when:
1. Preparing for a left turn at an intersection or into a private
roadway or driveway;
2. Overtaking a slower vehicle; or
3. Taking reasonably necessary precautions to avoid hazards or road
conditions.
iii. Upon approaching an intersection where right turns are permitted and
there is a dedicated right-turn lane, a bicyclist may ride on the left-hand
portion of the dedicated right-turn lane if the bicyclist does not intend to
turn right.
b. Whenever a usable on-street bicycle facility provided exclusively for the use of
bicyclists is within the roadway, bicyclists shall use such on-street bicycle facility
and not use the vehicle lane of the roadway.

3. c. A bicyclist shall not be expected or required to:
i. Ride over or through hazards at the edge of a roadway, including but not
limited to fixed or moving objects, parked or moving vehicles, bicycles,
pedestrians, animals, surface hazards, or narrow lanes; or
ii. Ride without a reasonable safety margin on the right-hand side of the
roadway.
d. A person operating a bicycle upon a one-way roadway with two or more marked
traffic lanes may ride as near to the left-hand curb or edge of such roadway as
judged safe by the bicyclist, subject to the following conditions:
i. If the left-hand lane then available for traffic is wide enough to be safely
shared with overtaking vehicles, a bicyclist shall ride far enough to the
left as judged safe by the bicyclist to facilitate the movement of such
overtaking vehicles unless other conditions make it unsafe to do so.
ii. A bicyclist shall not be expected or required to:
1. Ride over or through hazards at the edge of a roadway, including
but not limited to fixed or moving objects, parked or moving
vehicles, bicycles, pedestrians, animals, surface hazards, or
narrow lanes; or
2. Ride without a reasonable safety margin on the right-hand side of
the roadway.
e. Persons 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.
i. Persons riding bicycles two abreast shall not impede the normal and
reasonable movement of traffic and shall ride within a single lane.

4. II. Sidewalk Law Revision
The current city ordinance on bicycles using sidewalks has caused confusion about where it is
acceptable to ride a bicycle on a sidewalk and where riding is prohibited. The proposed change
to the ordinance would eliminate complex restrictions on where it is permissible to ride a
bicycle on a sidewalk, while still ensuring that bicyclists must yield to pedestrians and allowing
for the prohibition of bicycle riding on sidewalks in unsuitable areas.
73.05 Riding On Sidewalks (current version)
No person shall ride a bicycle upon a sidewalk within a business district, except those sidewalks
which run along a collector street or a minor or major arterial street when so designated and
marked as a bicycle route. Whenever any person is riding a bicycle upon a sidewalk, such
person shall yield the right-of-way to any pedestrian and shall give an audible signal before
overtaking and passing such pedestrian. (Code 1965, '19-209; Ord. No. 1447, 6-7-65; Ord. No.
3983, '1, 7-2-96; Code 1991, §73.05) Cross reference(s)--Penalty, '70.99.
73.05 Riding On Sidewalks (proposed Version)
(1) Any individual operating a bicycle upon a sidewalk or a pedestrian crosswalk shall yield the
right-of-way to pedestrians and shall give an audible signal before overtaking and passing a
pedestrian.
(2) No personshall operate abicycle uponasidewalkwhichabutsabuildingorwhere
operationof a bicycle ona sidewalkisprohibitedby anofficial trafficcontrol device.
(3) Anyindividual operatingabicycle withinapedestriancrosswalkmustyieldthe right-of-wayto
vehicle trafficandpedestrians.Suchanindividual maydismountbicycletogainall the protectionsof a
pedestrianinsucha crosswalk.
III. Vulnerable Road UserLaw

5. Whatdoes a VulnerableRoad User Law do?
Automobilesprovide ashell of protectionfortheirusers — creatingasafetydisparitybetweencarsand
otherroad users.Thisisnot to say non-automobileformsof transportationaren'tsafe,butsimplythat
there isa difference betweenwhatoccurswhenacar ishit at 25 miles-per-hourandwhatoccurswhen
a pedestrianishitat 25 mph.While the percentage of motoristdeathshasfallen,the percentage of road
fatalitiesthatare bicyclistsandpedestrianshasgrowninrecentyears(from12 percentto 16 percent).
VulnerableRoadUserlawsincrease protectionforbicyclistsandotherroaduserswhoare not incars.
Theyare relativelynewandstateshave chosentoprotectvulnerableroadusersina varietyof ways.
Thisincludesusuallyinvolves1) harsherpenaltiesforthe violation of existinglawswhenthatviolation
impactsa definedsetof roadusersor 2) the creationof new lawsthatprohibitcertainactionsdirected
at a definedsetof roadusers.
Whyshouldyou care?
Safety: The vast majorityof VRU lawsprovide forincreased finesorcivil liabilityincaseswhere a
vulnerable roaduserisinjuredorkilledbecauseof negligenceoras the resultof a trafficviolation.These
lawsincrease the costof unsafe practicesthatimpactbicyclistsandprovide anincentiveforsaferdriving
practices,especiallyaroundcyclistsandpedestrians.Inthiswaythe lawsare much like increasedfinesin
workzones,whichpromote constructionworkersafety.VRUlawsrecognize thatthe type of simple
negligenceortrafficviolationsthatmayresultinminorcollisionsbetweencarscan have
disproportionatelysevere resultswhenavulnerable roaduserisinvolvedandprovide waystoaddress
those divergentresults.
Justice:In some statesVRU lawsinclude the optionormandate thata personconvictedof injuringor
killingavulnerable roaduserattendahearing.Withoutthese laws,adriverwhoinjuresorkillsa
bicyclistmaysimplypayafine throughthe mail — despite the severityof the impactof hisor her
actions.These hearingscanprovide achance for bothsidesto meetandtell theirstories,similarto
victimimpactpanelsthatare a feature of DUI offenses.The League believesthe experience of ahearing
isa valuable tool foraddressingthe separatenessbetweenmotoristsandbicyclists — andendorses
requiringahearingas part of our Model Legislation
(http://www.bikeleague.org/action/bikelaws/modellaws.php).
Messaging:VRU lawsmay be an importantandeffective partof messagingaboutroadsafety.The VRU
conceptis inclusiveandmulti-modal.Itprovidesamessagingandlegal frameworkforawide range of

6. advocatesinterestedinroadsafetythathighlightsandincreasesawarenessof the inherentsafety
disparitybetweenroadusersencasedinaprotective shell andthose whoare not.As a newerconcept,it
has the potential toengage lawenforcement,judges,andjuriesinawaythat theyhave not beenbeen
before andshiftperceptions.Whiletheseindividualsorgroupsmay notalwaysunderstandwhatitislike
to be a cyclist,atone time or anothereveryone hasbeenavulnerable roaduser.
Enforcement:A VRU lawmay increase accesstojustice.Vulnerableroadusers,unlikeautomobileusers,
may lackthe evidenceand expensive propertydamage thatiscreatedina car crash. Statutorycivil
penaltiesmayprovideanincentiveforlawyerstoworkwithvulnerable roaduserstorecoverdamages
and recognize the seriousof vulnerable roadusercrashes.Criminal penaltiesprovideanadditional
enforcementtool forpolice andaframeworkforbettertrafficenforcement.
Whohas them?
Five states – Delaware,Hawaii,Oregon,Vermont,andWashington –have VRU lawsthat define asetof
road usersas vulnerableandprovide specific processesandpenaltiesforactionsdirectedatthose users.
The Districtof Columbiaand17 otherstatesinsome wayaddressvulnerable roadusersbyprohibiting
certainactions — suchas harassmentor the throwingof objects — or by providingthe ability for
personstobe chargedwithgreaterpenaltieswhentheiractionsresultinthe injuryordeathof a
vulnerable roaduser.
A fewcities,locatedinstateswithnoVRUlaws,have Vulnerable RoadUserOrdinances.Examplesin
Texasinclude Austin,Houston andDenton.ArkansashasnoVRU law in place.
§ 12-1-35 VULNERABLE ROAD USERS.

7. (A) In this section, a Vulnerable Road User means:
(1) a pedestrian, including a runner, physically disabled person, child, skater,
highway construction and maintenance worker, tow truck operator, utility worker, other
worker with legitimate business in or near the road or right-of-way, or stranded motorist
or passenger;
(2) a person on horseback;
(3) a person operating equipment other than a motor vehicle, including, but
not limited to, a bicycle, wheelchair, horse-driven conveyance, or unprotected farm
equipment; or
(4) a person operating a motorcycle, moped, motor-driven cycle, or motor assisted
scooter.
(B) An operator of a motor vehicle passing a vulnerable road user operating on a
highway or street shall:
(1) vacate the lane in which the vulnerable road user is located if the highway
has two or more marked lanes running in the same direction; or
(2) pass the vulnerable road user at a safe distance.
(C) For the purpose of Subsection (b)(2), when road conditions allow, safe distance
is at least:
(1) three feet if the operator’s vehicle is a passenger car or light truck; or
(2) six feet if the operator’s vehicle is a truck, other than a light truck, or a
commercial motor vehicle.
(D) An operator of a motor vehicle that is making a left turn at an intersection,
including an intersection with an alley or private road or driveway, shall yield the right-of-
way to a vulnerable road user who is approaching from the opposite direction and is in
the intersection, or is in such proximity to the intersection as to be an immediate hazard.
(E) An operator of a motor vehicle may not overtake a vulnerable road user
traveling in the same direction and subsequently make a right-hand turn in front of the
vulnerable road user unless the operator is safely clear of the vulnerable road user, taking
into account the speed at which the vulnerable road user is traveling and the braking
requirements of the motor vehicle making the right-hand turn.
(F) An operator of a motor vehicle may not maneuver the vehicle in a manner that: is intended to
cause intimidation or harassment to a vulnerable road user; or threatens a vulnerable road user.

8. (G) An operator or passenger of a motor vehicle shall not harass, alarm or annoy a vulnerable
road user. This conduct includes but is not limited to: directing of obscene/sexual gestures and
language, following a person in or about a public space, insult or taunt, excessive or unwarranted
engine revving or honking of horn, engaging in conduct that alarms or seriously annoys a
vulnerable road user that serves no legitimate purpose.
(H) An operator of a motor vehicle shall exercise due care to avoid colliding with
any vulnerable road user on a roadway or in an intersection of roadways.
(I) It is an affirmative defense to prosecution under this section that at the time of
the offense the vulnerable road user was acting in violation of the law.
Source: Ord. 20091022-030.
Arkansas State Bicycle Law Summary
All laws mentioned below were current as of August 2012 and may be subject to change.

9. Safe Passing Laws
Arkansas requires that the driver of a motor vehicle overtaking a bicycle proceeding in the same
direction on a roadway shall exercise due care and pass to the left at a safe distance of not less
than three feet and shall not again drive to the right side of the roadway until safely clear of the
overtaken bicycle.
Source: Ark. Code Ann. §27-51-311
Helmet Law
Arkansas has no helmet law. It is legal for all persons of any age to operate a bicycle without
wearing a helmet unless otherwise provided by a municipal regulation.
Source: N/A
Share the Road license plates
Arkansas does not offer Share the Road license plates at this time.
Source: N/A
Vulnerable Road User Laws
Arkansas does not have any vulnerable road user laws at this time. There are currently no
national standards for laws protecting vulnerable road users, but the League of American
Bicyclists has drafted a Model Vulnerable Road User statute, which you can find here.
Source: N/A
Distracted Driving Laws
Arkansas prohibits a driver of a motor vehicle from using a handheld wireless telephone for
wireless interactive communication while operating a motor vehicle, except in certain
emergency situations. This general prohibition does not prevent the use of hands-free wireless
telephone. In addition, Arkansas provides for certain age-based restrictions, subject to an
emergency exception:
 At least 18 but under 21 years of age

10.  Cannot use a handheld wireless telephone for wireless interactive communication while
operating a motor vehicle
 May use a hands-free wireless telephone or device for wireless interactive communication
while operating a motor vehicle
 Under 18 years of age
 Cannot use a wireless telephone for wireless interactive communication while operating a
motor vehicle
Sources: Ark. Code Ann. §§27-51-1504; 27-51-1603; 27-51-1604
Where to Ride
Arkansas has no laws that specifically regulate the riding of bicycles on a roadway aside from
general traffic laws. Therefore bicycles are to be driven upon the right half of the roadway
except under the following circumstances:
 When overtaking and passing another vehicle proceeding in the same direction under the
rules governing that movement;
 When the right half of a roadway is closed to traffic while under construction or repair;
 Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable
thereon; or
 Upon a roadway designated and signposted for one-way traffic.
Source: Ark. Code Ann. §§27-49-111; 27-51-301
Sidewalk Riding
Arkansas does not have a statute that specifically authorizes or prohibits the operation of a
bicycle upon a sidewalk. Certain cities or other localities have ordinances that regulate the
operation of a bicycle upon a sidewalk.
Source: Example of City Ordinance = Little Rock City Ordinance § 32-494
Mandatory Use of Separated Facilities
Arkansas does not require that bicyclists use any lane or path other than a normal vehicular
traffic lane.

11. Source: N/A
Bicycling Under the Influence
In Arkansas, the definition of vehicle excludes bicycles. In addition, Arkansas's law prohibiting
driving while under the influence of alcohol or other controlled substances is written so that it
applies to anyone in actual physical control of a motor vehicle and therefore does not directly
apply to bicyclists. Nevertheless bicycles should not be operated while intoxicated and a
bicyclist may potentially be charged with a DUI because bicyclists are generally subject to the
duties applicable to vehicles.
Sources: Ark. Code Ann. §§5-65-103; 27-49-219; 27-49-111
"Idaho Stop" and Vehicle Detection Errors
Arkansas does not provide any modifications to the requirement to come to a complete stop
when directed to stop by traffic control devices and does not authorize bicyclists to disobey
traffic lights that fail to detect bicyclists.
Source: N/A
Authorization for Local Regulation of bicycles
Arkansas does not specifically provide for local authorities to regulate the operation of bicycles
or require registration of bicycles, although such authorities may regulate the operation of
bicycles through the exercise of their other legal powers.
Statute: N/A
Dooring law
Arkansas requires that no person open the door of a motor vehicle on the side available to
moving traffic unless and until it is reasonably safe to do so. In addition, no person shall leave a
door open on the side of a vehicle available to moving traffic for a period of time longer than
necessary to load or unload passengers.
Source: Ark. Code Ann. §27-51-1307
Treatment as a Vehicle

12. In Arkansas bicycles are not vehicles according to the statute that defines vehicles, but a person
riding a bicycle has all of the rights and duties of the driver of a vehicle.
Source: Ark. Code Ann. §§27-49-219; 27-49-111
Source of Laws
The laws regulating the operation of bicycles in the state of Arkansas are generally found in
Title 27 of the Arkansas Code of 1987 Annotated Official Edition (Ark. Code Ann.), available
herehttp://www.lexisnexis.com/hottopics/arcode/Default.asp.