New Bike Laws in Indiana

July 11, 2019 ~ Ben Messick

The following laws took effect on July 1, 2019 in Indiana:

Electric Bicycles Defined

§ 9-13-2-26.6 Class 1 Electric Bicycle

“Class 1 electric bicycle” means an electric bicycle equipped with an electric motor that:

provides assistance only when the operator is pedaling; and
ceases to provide assistance to the operator when the electric bicycle reaches a speed of 20 miles per hour.

§ 9-13-2-26.7 Class 2 Electric Bicycle

“Class 2 electric bicycle” means an electric bicycle equipped with an electric motor that:

may be used to exclusively propel the electric bicycle; and
ceases or is unable to provide assistance when the bicycle reaches a speed of 20 miles per hour.

§ 9-13-2-26.8 Class 3 Electric Bicycle

“Class 3 electric bicycle” means an electric bicycle equipped with an electric motor that:

provides assistance only when the operator is pedaling; and
ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour.

§ 9-13-2-49.2 Electric Bicycle

“Electric bicycle” means any bicycle that:

is equipped with:
1. fully operable pedals;
2. an assistive, electric motor with a power output not greater than 750 watts; and
meets the requirements of a Class 1, Class 2, or Class 3 electric bicycle.

Electric Bicycle Law

§ 9-21-11-13.1 Electric Bicycles

An electric bicycle is not a motor vehicle (as defined in IC 9-13-2-105).
Except as otherwise provided in this section, an operator of an electric bicycle is:
1. subject to all of the duties; and
2. entitled to all of the rights and privileges; of a bicycle operator.
Except as otherwise provided in this section, an electric bicycle shall be regulated as a bicycle.
The operator of an electric bicycle is not subject to:
1. IC 9-24 (driver’s licenses); or
2. IC 9-25 (financial responsibility).
An electric bicycle is not subject to:
1. IC 9-17 (certificates of title);
2. IC 9-18.1 (motor vehicle registration); or
3. IC 14-16-1 (off-road vehicles).
On and after January 1, 2020, a manufacturer or distributor of an electric bicycle shall affix a permanent and conspicuous label to each electric bicycle. Each label described under this subsection shall prominently display the following information:
1. The class level of the electric bicycle.
2. The top assisted speed of the electric bicycle.
3. The rated wattage of the electric bicycle’s electric motor.
If a modification to an electric bicycle results in any alteration to the:
1. top assisted speed of the electric bicycle; or
2. engagement of the electric bicycle’s electric motor; the label described in subsection (f) shall be replaced with a subsequent label that accurately reflects the class level, top assisted speed, and rated wattage of the modified electric bicycle.
All electric bicycles shall comply with the bicycle equipment and manufacturing requirements adopted by the United States Consumer Product Safety Commission (16 CFR 1512).
All electric bicycles shall be equipped with an electric motor that disengages or ceases to provide assistance when the operator:
1. stops pedaling;
2. applies brakes.
Subject to subsection (k), and except as provided in subsection (l), an electric bicycle may be operated wherever bicycles are permitted to travel.
The lawful operation of an electric bicycle is subject to the following provisions:
1. Unless otherwise specified by a statute, rule, or local ordinance, a Class 1 or Class 2 electric bicycle may be operated on any bicycle path or multipurpose path where bicycles are permitted.
2. A Class 3 electric bicycle may not be operated on a bicycle path or multipurpose path unless one or more of the following conditions apply:
  1. The bicycle path or multipurpose path is within or adjacent to a highway or roadway.
  2. A local authority or state agency with jurisdiction over the bicycle path or multipurpose path authorizes the use of a Class 3 bicycle on the bicycle path or multipurpose path.
3. A person less than 15 years of age may not operate a Class 3 electric bicycle.
4. A person less than 15 years of age may ride as a passenger on a Class 3 electric bicycle if the Class 3 electric bicycle is designed to accommodate a passenger.
5. A properly fitted and fastened bicycle helmet that meets the most recent and applicable standards issued by the United States Consumer Product Safety Commission or the American Society for Testing and Materials must be worn by any person who operates or rides as a passenger on a Class 3 electric bicycle and is less than 18 years of age.
Subsection (k) shall not apply to a path or trail designated as nonmotorized if the following conditions are met:
1. The bicycle path or trail has a natural surface tread.
2. The bicycle path or trail was made by clearing and grading the native soil.
3. No surfacing materials have been added to the bicycle path or trail. A local authority or state agency may regulate the use of electric bicycles or any class of electric bicycle on a bicycle path or trail described under this subsection.

Vehicles Overtaking and Passing Bicycles

§ 9-21-8-5 Overtaking and passing

The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions, and special rules stated:

A person who drives a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
Except when overtaking and passing on the right is permitted, a person who drives an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and may not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.
The operator of a vehicle overtaking a bicycle or electric bicycle shall:
1. allow at least 3 feet of clearance between the vehicle and the bicycle; and
2. not return the vehicle to the vehicle’s original lane of travel until the vehicle is safely clear of the bicycle.
The operator of a vehicle may pass a bicycle or electric bicycle traveling in the same direction in a no passing zone when it is safe to do so, if the operator of the overtaking motor vehicle complies with subdivisions (1) and (3).

Bike Laws

April 29, 2019April 30, 2019 ~ Ben Messick

Important Disclaimer: The following are laws that regulate bicycle use in Fort Wayne, Indiana. The statute language and titles have been edited for clarity and length. This list is not complete. Please use the reference links at the end to look up the exact language of the applicable laws.

Indiana Law – Definitions

§ 9-13-2-14 "Bicycle"

"Bicycle" means any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground.

§ 9-13-2-73 "Highway or Street"

"Highway" or "street" means the entire width between the boundary lines of every publicly maintained way when any part of the way is open to the use of the public for purposes of vehicular travel in Indiana. The term includes an alley in a city or town.

§ 9-13-2-157 "Roadway"

"Roadway" means that part of a highway improved, designed, or ordinarily used for vehicular travel. The term does not include the sidewalk, berm, or shoulder, even if the sidewalk, berm, or shoulder is used by persons riding bicycles or other human powered vehicles.

§ IC 9-13-2-196 "Vehicle"

"Vehicle" means, except as otherwise provided in this section, a device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway. The term does not include the following: (1) A device moved by human power. … (d) For purposes of IC 9-30-5, IC 9-30-6, IC 9-30-8, and IC 9-30-9 [Drunk Driving Laws], the term means a device for transportation by land or air. The term does not include an electric personal assistive mobility device.

Indiana Law – Bicycles

§ 9-21-11-1 Parents and guardians; authorizing or permitting violation of chapter; bicycles; application of chapter

The parent of a child and the guardian of a protected person may not authorize or knowingly permit the child or protected person to violate this chapter.
Subject to the exceptions stated, the provisions of this chapter applicable to bicycles apply whenever a bicycle is operated upon a highway or a path set aside for the exclusive use of bicycles.

§ 9-21-11-2 Roadways; rights and duties

A person riding a bicycle upon a roadway has all the rights and duties under this article that are applicable to a person who drives a vehicle, except the following:

Special regulations of this article.
Those provisions of this article that by their nature have no application.

§ 9-21-11-3 Operation; seats; passengers

A person propelling a bicycle may not: (a) ride other than upon the permanent and regular seat attached to the bicycle; or (b) carry any other person upon the bicycle who is not seated upon a firmly attached and regular seat on the bicycle.
A person may not ride upon a bicycle unless seated under this section.

§ 9-21-11-4 Number of passengers

A bicycle may not be used to carry more persons at one time than the number for which the bicycle is designed and equipped.

§ 9-21-11-6 No more than two abreast in roadway

A person riding a bicycle upon a roadway may not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

§ 9-21-11-7 Packages, bundles, or other articles preventing proper use of handlebars

A person who rides a bicycle may not carry a package, a bundle, or an article that prevents the person from keeping both hands upon the handlebars.

§ 9-21-11-8 Use of siren or whistle prohibited

A bicycle may not be equipped with and a person may not use upon a bicycle a siren or whistle.

§ 9-21-11-9 Lamps and reflectors

A bicycle operated on a highway from one-half (1/2) hour after sunset until one-half (1/2) hour before sunrise must be equipped with the following:

A lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front.
A lamp on the rear exhibiting a red light visible from a distance of 500 feet to the rear or a red reflector visible from a distance of 500 feet to the rear.

§ 9-21-11-10 Brakes

A bicycle must be equipped with a brake that will enable the person who operates the bicycle to make the braked wheels skid on dry, level, clean pavement.

§ 9-21-11-11 Highways; regulations and requirements

A person who operates a bicycle upon a highway shall observe the regulations and requirements of this article.

§ 9-21-3-7 Exception for bicycles at Red Lights [Vehicle Detection Errors]

If the operator of a bicycle approaches an intersection that is controlled by a traffic control signal, the operator may proceed through the intersection on a steady red signal only if the operator:

(i) comes to a complete stop at the intersection for at least one hundred twenty (120) seconds; and
(ii) exercises due caution as provided by law, otherwise treats the traffic control signal as a stop sign, and determines that it is safe to proceed.

[ Note: Bells are no longer required ]

Indiana Law – Bicyclists As Pedestrians

§ 9-21-17-3 Duty to obey cross walk signals.

A pedestrian shall obey the instructions of an official traffic control device specifically applicable to the pedestrian, unless otherwise directed by a police officer.

§ 9-21-17-5 Riding into the path of a vehicle prohibited

A pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.

§ 9-21-17-7 Crossing roadway at point not marked as a crosswalk must yield of right-of-way to traffic

A pedestrian crossing a roadway at a point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

§ 9-21-17-8 Pedestrian tunnel or overhead crossing must yield of right-of-way to traffic

A pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

§ 9-21-17-9 Jaywalking prohibited

Between adjacent intersections at which traffic control signals are in operation, pedestrians may not cross at any place except in a marked crosswalk.

§ 9-21-17-10 Pedestrians must not cross at intersections diagonally

A pedestrian may not cross a roadway intersection diagonally unless authorized by official traffic control devices.

§ 9-21-17-11 Pedestrians must use the right half of Crosswalks.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

Indiana Law – Bicyclists on the Road (Selected Laws)

§ 9-30-5-1 Operating While Intoxicated

A person who operates a vehicle with an alcohol concentration equivalent to at least 0.08 gram of alcohol but less than 0.15 gram of alcohol per 210 liters of the person’s breath commits a Class C misdemeanor.

§ 9-21-8-25 Signal must be used before turning or changing lanes.

A signal of intention to turn right or left shall be given continuously during not less than the last 200 feet traveled by a vehicle before turning or changing lanes.

§ 9-21-8-32 Duty to Obey Stop Signs

A person who drives a vehicle shall stop at an intersection where a stop sign is erected at one or more entrances to a through highway that are not a part of the through highway and proceed cautiously, yielding to vehicles that are not required to stop.

§ 9-21-8-28 Hand and arm signals; left turn; right turn; decrease in speed

All signals required under this chapter may be given by hand and arm. A signal given under this section shall be given from the left side of the vehicle in the following manner:

A left turn is indicated by extending the hand and arm horizontally.
A right turn is indicated by extending the hand and arm upward.
A stop or decreased speed is indicated by extending the hand and arm downward.

Indiana Law for Motorists

§ 9-21-8-37 Motorists must use due care to avoid bicyclists

Notwithstanding other provisions of this article or a local ordinance, a person who drives a vehicle shall do the following: Exercise due care to avoid colliding with a pedestrian or a person propelling a human powered vehicle, giving an audible signal when necessary.

Fort Wayne City Code for Bicyclists

§ 74.02 Serial Number Required

It shall be unlawful to destroy, remove, alter, cover or deface the manufacturer’s serial number of any bicycle. It shall be unlawful for any person to own or have custody of a bicycle, the original manufacturer’s serial number of which has been destroyed, removed, altered, covered or defaced.

§ 74.34 Operation Of Bicycles

Every person riding a bicycle upon a street shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle. Every person riding a bicycle upon a sidewalk shall be granted all of the rights and shall be subject to all of the duties applicable to a pedestrian.
The regulations in the traffic code applicable to bicycles shall apply whenever a bicycle is operated upon any roadway or public sidewalk or upon any shared-use path, subject to those exceptions stated herein.
The operator of a bicycle shall not overtake standing vehicles in a travel lane.

§ 74.35 Speed To Be Reasonable And Prudent To Surrounding Conditions

No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.

§ 74.36 Emerging From Alleys Or Driveways

The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on such sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.

§ 74.37 Parking Of Bicycles

No person shall park a bicycle upon the traveled portion of the street. Bicycles may be parked only upon the sidewalk area in a rack provided to support the bicycle, against a building or in such manner as to afford the least obstruction to pedestrian traffic.

§ 74.38 Riding On Sidewalk Area

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.
No person shall operate a moped or motorized bicycle on any sidewalk.

Fort Wayne City Code for Motorists

§ 71.06 Operation Of Vehicles In Roadways Where Bicycles Are Present

Drivers to exercise due care. Every driver of a vehicle shall exercise due care to avoid colliding with any person operating a bicycle or other device propelled by human or animal power, upon any** roadway, and shall give warning by sounding the horn only when necessary; and shall exercise proper precautions when sharing the travel lanes with bicycles .
Turning right in front of a bicycle. When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at an intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle .
Turning left in front of a bicycle. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a bicycle approaching from the opposite direction and which is within the intersection or so close thereto as to constitute an immediate hazard.
Passing of bicycles. The operator of a motor vehicle passing a bicycle proceeding in the same direction on a highway, street, or road shall leave a safe distance, but not less than three feet, when passing the bicycle , and shall maintain that distance until safely past the overtaken bicycle .

§ 71.07 Operation Of Vehicles In Roadways With Bicycle Lanes

Operating on roads with bicycle lanes. The driver or operator of any vehicle shall yield the right-of-way to an individual operating a bicycle on a designated bike lane.
Turning on roads with bicycle lanes. The driver of a motor vehicle can only enter a bicycle lane to make a right turn when it is safe and unobstructed of all cyclists.
Driving on bicycle lanes. The driver of a vehicle shall not drive, stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles unless entering or exiting a legal parking space; or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane.

§ 72.22 Stopping, Standing Or Parking Prohibited In Bike Lane

No vehicle shall be stopped, standing or parked except when necessary to avoid conflict with other traffic or in compliance with law or other direction of a police officer or traffic control device in any of the following places… (S) Upon any on-street bicycle facilities designated by signage and/or pavement marking for the shared use of motor vehicles and bicycles , or in such a manner as to impede bicycle traffic on such lane.