Arlington cyclists may not have ROW in bike lanes

At the August meeting of Arlington's Bicycle Advisory Council, there was a discussion of the legal right of cyclists to the bike lane. Lindsay Brooker, the Commonwealth's Attorney was there, and according to her

There doesn’t seem to be anything in the Arlington Code that specifically grants right of way to bicyclists in a bike lane.

The code does have this to say:

Where the County Board has by ordinance designated a bicycle lane for the exclusive use of bicycles, a motor vehicle may cross a bicycle lane for the purpose of entering or exiting adjacent property, for making a turn, or for the purpose of parking, but no person shall stop, stand or park a motor vehicle in a bicycle lane, nor shall any person drive a motor vehicle in a bicycle lane for a distance of more than one hundred (100) feet.

But it doesn't appear to me that there is any fine for driving in a bicycle lane (or even parking).  This was the case in DC until a few years ago. The Arlington BAC is going to work with the CA to come up with better language, but I don't know if this will include a fine.

Speaking of Arlington bike lanes, here's they're short term plan for painting more.

 

Comments

[SJE]

I read this and my first thought: WTF?! And people complain about cyclists being scofflaws, when the laws are so messed up?

[Dylan Barlett]

Back in March, BikeArlington claimed [1] that "[t]he law enforcement guide has been reviewed by Arlington’s police officers, County judges, and the Commonwealth Attorney ensuring that everyone is on the same page when it comes to bicycles." If that was the case, why is there still ambiguity?

[1] http://www.bikearlington.com/pages/news-events/blog/the-2016-acpd-safe-bicycling-initiative/

[SJE]

Its like we have to push and fight for every inch

[Zack Rules]

This is the case throughout Virginia because the state code lacks a law bans driving or parking in a bike lane. Richmond ran into this a few months ago. state code only defines as bike lane as a place where bikes have priority. Each jurisdiction can come up with its own law and I believe Arlington explicitly bans parking in bike lanes. Alexandria puts up no parking signs and has banned double parking so when people do park in the bike lane, APD cites that code. But really need a statewide clarifying bike lane rules and allowing high fines.