In a recent article on Streetblog NYC, Brandon Chamberlin, an attorney specializing in representing injured pedestrians and cyclists in New York City, argues that NYC traffic laws should treat bicycles differently from cars. Chamberlin was honored as Transportation Alternatives' Citywide Activist of the Year in 2023 for his work tracking NYC's protected bike lane installations. Here he draws on his legal expertise and advocacy experience to challenge the approach of applying motor vehicle rules to cyclists.
Here is a summary of Chamberlin's article:
Key Problems with Current Laws:
- Bicycles
have been legally treated like motor vehicles since the 1880s, but this
approach ignores the fact that cyclists are closer in size, speed, and
sensory experience to pedestrians than to motor vehicles
- In
collisions, cyclists absorb impact with their bodies and are as likely as
pedestrians to suffer injuries
- Rigid enforcement of minor violations enables discriminatory policing that targets marginalized communities
Proposed Solutions:
- Idaho
Stop Laws: At least 11 states and DC allow cyclists to treat stop
signs as yield signs and red lights as stop signs, which can reduce crash
rates by up to 23% without increasing conflicts with pedestrians
- Flexible
Sidewalk Riding: Hoboken, NJ permits sidewalk cycling at walking
speeds with yielding to pedestrians and has recorded zero traffic deaths
since 2017. When NYC installed a protected bike lane on Prospect Park
West, sidewalk cycling dropped from 46% to just 3%
- No Mandatory Helmet Laws: Australia's mandatory helmet laws led to decreased cycling rates, undermining the "safety in numbers" effect. Research suggests drivers pass more closely to helmeted cyclists, potentially negating safety benefits
Bottom Line: The article advocates for laws that recognize cyclists' unique position on the road - vulnerable like pedestrians but traveling like vehicles. Rather than forcing cyclists to follow car-centric rules, cities should have flexible regulations that allow cyclists to make safety-based decisions while still holding them accountable for genuinely dangerous behavior.
Some would counter this position by saying that uniform traffic laws for all road users create safer, more predictable streets. They argue that better infrastructure and education, rather than different rules, should address the unique challenges cyclists face.
Share your thoughts on what makes streets safer for bicycles.