My Opinion Piece

As per a request, I am posting my Opinion piece that was recently published in the Sun-Herald.

What Mississippi law says about bicycles
by Eric Speas

Under the heading, "Get insurance, then rights," a Sound Off caller said, "If bicycle riders think they have the same rights as the automobiles, they need to have their turn signals, their lights and a bicycle tag. They also need insurance, then they can have the right of way of the highway."

I would like to address these arguments individually, so as to clarify any misunderstandings.

First, bicycles do have the same rights and responsibilities as automobile drivers. The Mississippi Code Section 63-3-207 states:

"Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon a highway shall have all of the rights and all of the duties applicable to the driver of a vehicle under this chapter, except those provisions of this chapter which by their nature can have no application."

That right is guaranteed by the law. The exception is for controlled-access facilities, such as interstate highways.

As to turn signals, bicyclists, as well as motorcyclists and automobile drivers, can use hand signals to indicate intention to turn and stop. Section 63-3-709 states:

"The signals required in this article shall be given either by means of the hand and arm or by a signal lamp or signal device of a type approved by the department. When a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle, then said signals must be given by such a lamp or device."

Sec. 63-3-711 goes on to clarify:

"All signals given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

"Left turn - hand and are extended horizontally.

"Right turn - hand and arm extended upward or moved with a sweeping motion from the rear to the front.

"Stop or decrease speed - hand and arm extended downward."

In regards to the use of lights, the Mississippi Code Section 63-7-13 states:

"Every bicycle shall be equipped with a lighted white lamp on the front thereof visible under normal atmospheric conditions from a distance of at least five hundred feet in front of such bicycle and shall also be equipped with a reflex mirror reflector or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least 500 feet to the rear of such bicycle."

However, this is applicable only "during the period from sunset to sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of five hundred feet ahead." (Section. 63-7-11)

There is no requirement in Mississippi, nor in any other state, that requires bicycles to have tags. The idea, while attractive to some, has been tried in the past and proved to be both ineffective and inefficient. In 1935, the city of Toronto required bicycles to be licensed and to display the tag; that measure was repealed in 1956.

There is no requirement under Mississippi law requiring bicyclists to purchase insurance. In fact, most, if not all, insurance companies do not even have such policies available.

I would also like to point out Mississippi Code, Section 63-3-1112:

"Notwithstanding other provisions of this chapter or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person."

As a bicyclist, I adhere to the regulations, as do many other bicyclists. That does not mean that there are those who do not, just as there are motorists who do not adhere to all traffic laws.

I am well aware of the vulnerable position I am in every time I ride. However, I do everything within my power to mitigate the risks. I ride with headlights, taillights and a helmet, not because it is required by law, but rather to reduce my risks of accidents and injury. I avoid using heavily trafficked streets, such as Pass Road and U.S. 90, whenever possible.

I have witnessed other bicyclists riding in dangerous and unlawful ways and I do not like it any more than you do. It reflects poorly on all bicyclists.

Bicycling is a safe, healthy, relaxing and enjoyable means of not only exercise, but transportation. I bicycle to work two or three times a week, not to save money on gas, but because I enjoy it and the health benefits that come with it. I would no sooner give up my rights to ride my bicycle than I would give up my right to free speech or ask others to do the same.