P.R. Laws tit. 9, § 5322a

2019-02-20 00:00:00+00
§ 5322a. Bill of rights of the cyclist and obligations of the driver

Those persons who practice the cycling sport have the following rights and obligations. Drivers, on their part, must comply with the obligations listed in this section. This part shall be known as the Bill of Rights of the Cyclist and Obligations of the Driver.

(a) Rights of the cyclist.—

(1) Every cyclist has the right to ride a bicycle on any public highway, whether it is a street, a road or a state or municipal highway, except that bicycles shall not be ridden on a highway with controlled access.

(2) A cyclist has the right to use the right edge of the roadway of public highways and it shall be the obligation of every driver of a vehicle or motor vehicle to exercise proper caution when passing a cyclist. Nevertheless, every cyclist shall have the choice to use the right shoulder of the road on those public highways in which it is in good condition.

(3) Every cyclist has the right to use the width of the lane, provided he/she is traveling on a public highway in the urban zone at the same speed as a motor vehicle.

(4) Every cyclist shall has the right to make any type of turn or change of direction on a public highway, provided the appropriate hand signals are made.

(5) Any group of two (2) or more cyclists has the right to use the lane designated for slow vehicles riding in pairs of two (2) side by side. However, said group of cyclists must ride at least at the minimum speed allowed for motor vehicles that travel on that same public highway, so that the free flow of traffic is not blocked. Every motor vehicle driver shall be bound to exercise due caution when passing a cyclist.

(6) Every cyclist shall have the right to ride his/her bicycle on the right sidewalk or on the portion of the public highway designated for pedestrians, under any of the following circumstances:

(A) To slow down, stop or park.

(B) To accelerate before entering a busy public highway.

(C) To avoid a motor vehicle which is stopped on the right side or is going to make a right turn.

(D) To allow another faster vehicle to pass.

(E) When allowed to do so by a law enforcement officer.

(F) To avoid an accident.

(7) Every cyclist shall have the right to ride the bicycle on the left sidewalk or the portion of the public highway designated for pedestrians, under any of the following circumstances:

(A) To slow down or stop if the vehicles have stopped and the traffic flow, or any other circumstance, prohibits or does not allow safe traffic on the right side of the roadway.

(B) When it is authorized by a law enforcement officer.

(C) To avoid an accident.

(b) Obligations of the cyclist.—

(1) Every cyclist shall comply with all applicable provisions of this chapter.

(2) Every cyclist shall use the exclusive bicycle lane, provided one is available and is in good traveling condition.

(3) Every cyclist shall pedal the bicycle in the same direction as the traffic on the right lane of the public highway.

(4) Every cyclist shall use hand signals, as defined in § 5167 of this title, when stopping or intending to make any type of turn or change of direction.

(5) Every cyclist shall ensure that the bicycle is in optimal condition to travel on a public highway.

(c) Obligations of the driver.— Any person who drives a vehicle or motor vehicle on a public highway must comply with the following obligations with regard to cyclists:

(1) Every driver of a vehicle shall have the obligation to yield the right of way, by reducing its speed or stopping, if necessary, to any cyclist who is crossing the roadway at a place in which there are no traffic lights installed or they are not working.

(2) Every vehicle driver shall leave a space of three (3) feet between the right side of his/her vehicle and the cyclist, when passing said cyclist. The driver shall not pass a cyclist when vehicles are approaching on the left lane traveling in the opposite direction.

(3) Every driver of a vehicle who is going to pass a cyclist on the right side, must ascertain whether he/she has allowed a space of at least ten (10) feet between the rear of his/her vehicle and the cyclist before reentering the lane. No driver shall pass a cyclist if he/she is about to make a right turn immediately after passing the cyclist. The driver shall always assume that the cyclist shall continue to travel in a straight line, unless the cyclist indicates otherwise. When about to make a left turn, every driver of a vehicle has to yield right of way to a cyclist who is in traffic just as he/she would do so with other vehicles.

(4) Every driver of a vehicle or motor vehicle shall take every precaution to not injure or cause an accident to cyclists, taking special care when weather conditions are unfavorable. In addition, drivers shall be patient, allowing cyclists the necessary space to travel, just as they would any other slow vehicle.

(5) Every driver of a vehicle shall avoid sounding a sudden blast of the horn when approaching a cyclist. On narrow roads and in emergencies, drivers shall warn cyclists of their approach by briefly sounding their horn from a prudent distance.

(6) Every vehicle driver shall take all necessary precautions before opening the doors of their vehicle, to avoid causing an accident to a cyclist.

Any person who infringes any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for a term of not more than six (6) months, by a fine of not more than five thousand dollars ($5,000), or both penalties, at the discretion of the court.

If a violation of this section results in serious bodily harm or the death of the cyclist, it shall be considered a felony punishable by imprisonment for a term of eight (8) years and a fine of five thousand dollars ($5,000).

History —Jan. 7, 2000, No. 22, added as § 11.04 on June 3, 2004, No. 132, § 11, eff. 8 months after June 3, 2004; July 21, 2014, No. 98, § 1.