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Wilmington Grand Prix Weekend May 17-19

Model Bike Laws

The League's legal affairs committee -- made up of bicycle lawyers from across the country -- is working to create model legislation that can be used to improve bicyclists' safety and comfort in your community. This summer, the committee completed a model Vulnerable Road User law. Read more about the process here and read the text of the law below.


Vulnerable Road User Law

Infliction of Serious Injury or Death to Vulnerable Road Users

Section 1. As used herein, the term “vulnerable road user” includes:
(a) a pedestrian, including those persons actually engaged in work upon a highway, or in work upon a highway, or in work upon utility facilities along a highway, or engaged in the provision of emergency services within the right-of-way; or
(b) a person riding an animal; or
(c) a person lawfully operating any of the following on a public right-of-way, crosswalk, or shoulder of the highway:
1. A bicycle;
2. A farm tractor or similar vehicle designed primarily for farm use;
3. A skateboard;
4. Roller skates;
5. In-line skates;
6. A scooter;
7. A moped;
8. Motorcyclists;
9. Horse-drawn carriage drivers;
10. a person on an electric personal assistive mobility device; or
11. a person in a wheelchair.

Section 2. A person who operates a motor vehicle in a careless or distracted manner and causes serious physical injury or death to a vulnerable road user shall be guilty of infliction of serious physical injury or death to a vulnerable user.
  
Section 3. A person issued a citation under this section shall be required to attend a hearing before a court of appropriate jurisdiction.

Section 4. A person found to have committed an offense under this statute shall be required to
 (a) have his or her driving privileged suspended for a period of no less than 6 months;
and one or more of the following:
(b) pay a monetary penalty of not more than two thousand dollars; or
(c) serve a period of incarceration which may not exceed thirty days; or
(d) participate in a motor vehicle accident prevention course; or
(e) perform community service for a number of hours to be determined by the court, which may not exceed two hundred hours.