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Bikeway and legislation
One of the potential pitfalls for observers trying to interpret the operation of bikeways (or segregated cycle facilities) is that the same legal assumptions do not apply in all environments. For instance, in contrast to most English speaking countries, some European countries, including Germany, France, Denmark, Belgium, and the Netherlands have defined liability legislation.〔(Road Safety Needs a New Vision ), Road Safety Bill: A Safer Streets Coalition briefing for the House of Commons Standing Committee, Safer Streets Coalition (UK) 2006.〕 Thus there is a legal assumption that motorists are automatically considered liable in law for any injuries that occur if they collide with a cyclist.〔(Safety in Road Traffic for Vulnerable Users ), European Conference of Ministers of Transport, OECD 2006〕 This may hold regardless of any fault on the part of the cyclist and may significantly affect the behaviour of motorists when they encounter cyclists.〔(ETRA apologises for "incorrect" motorist liability press release ), Bike biz Breaking News, 4 March 2005〕〔(Driver liability in Newsletter no 57 ), Dorset Cyclists’ Network, May 2007〕
In some countries it is legal for cyclists to overtake motor-vehicles on the inside, and cyclists doing so may enjoy the protection of the law. In this case, the use of segregated cycle facilities conforms to existing traffic law. In other jurisdictions similar "undertaking" manoeuvres by cyclists are illegal.〔(S.I. No. 182/1997: Road Traffic (Traffic and Parking) Regulations ), 1997, Irish Statute Book〕 Such distinctions form the basis of the claim by John Forester that segregated cycle facilities encourage behaviours that flout existing traffic law and in which cyclists enjoy no legal protection.〔(The Effect of Bikelane System Design Upon Cyclists' Traffic Errors ), John Forester, August 1978; Revised April 1982〕〔http://galwaycycling.org/archive/paths/paths02.html "Rules of the Road" a la Galway Corporation Galway Cycling Campaign 2002〕〔(Cambridge bike lanes: ) political statement or road improvement? John S. Allen (accessed 8 June 2007)〕
Cyclists in some countries are also given separate rules and light phases at traffic signals and cyclist-specific traffic lights. For instance, in Germany and elsewhere at junctions with segregated facilities all the traffic in a given direction (motorists, pedestrians and cyclists) may get a green signal at the same time.〔(German Traffic Signs & Signals ) Brian's Guide to Getting Around Germany (accessed 7 June 2007)〕 Turning motor traffic is obliged to wait for cyclists and pedestrians to clear the junction before proceeding. In this situation all the transport modes get equal green time. In contrast, UK and Irish practice restricts pedestrians to a dedicated signal phase, separate from and usually much shorter than the green phase for motorists (e.g. 6–12 seconds, vs. signal cycle times of up to 120 seconds).〔(Pedestrian Facilities at Traffic Signal Installations: ) Design Manual for Roads and Bridges, Volume 8 Section 1 Part 1 – TA 15/81, UK DfT, 1981〕〔(General Principles of Control by Traffic Signals ) Design Manual for Roads and Bridges, Volume 8 Section 1 – TA16/81, UK DfT, 1981〕 If cyclists were to be segregated and treated in a similar manner this would imply a significant reduction in green time for cycle traffic at every junction. In the English city of Cambridge the use of cyclist-specific traffic signals is reported to have resulted in increased delays for cyclists, leading some to ignore the cycle-facilities and stay on the road.〔(Left Turn Lanes ) Cambridge Cycling Campaign, Document No. N9814 19 July 1989〕 A similar example occurred in a Parisian bikepath scheme in 1999. Cyclists faced twice the number of traffic signals as motorised traffic and were expected to wait over one minute to get seven seconds of green time.〔(The scandal of Maréchaux ), Opinion of bicyclists' organisations concerning the special corridor for the PC1 bus, Mouvement pour la défense de la bicyclette et al., October 1999 (accessed 8 March 2007)〕 Conversely, in Copenhagen cyclist-specific traffic signals on a major arterial bike lane have been linked to provide "green waves" for rush hour cycle-traffic, which time the lights so cyclists going an average speed are much more likely to encounter green lights on their trip.〔(Green wave for cycles ), Cycle Campaign Network News, No 85, November 2006〕
== Legal significance of on-road cycle facilities for various countries ==
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