|
Abstract
|
The bicycle has been in use in one form or another since the 1860s,' and bicycle sales have often exceeded automobile sales.3 Millions of Americans ride their bicycles for fun, fitness, and general transportation. It is estimated that nearly 2.1 million adults in the United States ride a bicycle each day,4 and of that number nearly 800,000 use their bicycle to commute to work.' With this many people riding their bicycles, one would assume that the nation's transportation infrastructure would be ideal for bicycles. This, however, is not the case. Too often people must ride their bicycles on busy roads with no bikeway and little or no shoulder, increasing the risk of accidents and disincentivizing increased bicycle use.
But the picture is not as bleak as it may seem. Concern over climate change, increased gasoline prices, the obesity epidemic, and the global economic meltdown have given rise to a renewed interest in bicycle transportation among citizens and, especially, public officials. This is important because "virtually all bicycling takes place on space either owned or managed by public agencies (e.g., streets, highways, and parks) or in areas, such as residential subdivisions, where the design of which is subject to some level of public oversight and regulation."6 As such, all levels of government have begun allocating more funds for bicycle facilities. In addition, cities and states are more frequently incorporating bicycle facility needs into their planning processes. What once was an ad hoc approach to bicycle infrastructure is now becoming an integrated part of many states' and cities' long-range transportation plans.7 The level of activity is not uniform across the country, but it is a step in the right direction.
This Comment examines the current state of planning for bicycle infrastructure by addressing three important questions. First, why plan for bicycle facilities? Second, how does a government entity plan for bicycle facilities, and what is the legal framework? Finally, what legal liabilities is a government entity exposing itself to when building bicycle facilities?
Before these questions can be answered, however, it is important to understand just what these states and cities are building. Exactly what is a bicycle facility? The term "bicycle transportation facility" is statutorily defined as...
Language: en |