Pub. L. 105-178, tit. I, subtit. B, sec. 1202
BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS. (a) In General.— Section 217 of title 23, United States Code, is amended— (1) in subsection (b)— (A) by inserting “pedestrian walkways and” after “construction of”; and (B) by striking “(other than the Interstate System)”; (2) in subsection (e) by striking “, other than a highway access to which is fully controlled,”; (3) by striking subsection (g) and inserting the following: “(g) Planning and Design.— “(1) In general.— Bicyclists and pedestrians shall be given due consideration in the comprehensive transportation plans developed by each metropolitan planning organization and State in accordance with sections 134 and 135, respectively. Bicycle transportation facilities and pedestrian walkways shall be considered, where appropriate, in conjunction with all new construction and reconstruction of transportation facilities, except where bicycle and pedestrian use are not permitted. 112 STAT. 169 “(2) Safety considerations.— Transportation plans and projects shall provide due consideration for safety and contiguous routes for bicyclists and pedestrians. Safety considerations shall include the installation, where appropriate, and maintenance of audible traffic signals and audible signs at street crossings.”; (4) in subsection (h) by striking “No motorized vehicles shall” and inserting “Motorized vehicles may not”; (5) in subsection (h)(3)— (A) by striking “when State and local regulations permit,”; and (B) by striking “and” at the end; (6) in subsection (h)— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following: “(4) when State or local regulations permit, electric bicycles; and”; and. (7) by striking subsection (j) and inserting the following: “(j) Definitions.— In this section, the following definitions apply: “(1) Bicycle transportation facility.— The term ‘bicycle transportation facility’ means a new or improved lane, path, or shoulder for use by bicyclists and a traffic control device, shelter, or parking facility for bicycles. “(2) Electric bicycle.— The term ‘electric bicycle’ means any bicycle or tricycle with a low-powered electric motor weighing under 100 pounds, with a top motor-powered speed not in excess of 20 miles per hour. (3) Pedestrian.— The term ‘pedestrian’ means any person traveling by foot and any mobility-impaired person using a wheelchair. (4) Wheelchair.— The term ‘wheelchair’ means a mobility aid, usable indoors, and designed for and used by individuals with mobility impairments, whether operated manually or motorized.”. (b) Design Guidance.— (1) In general.— In implementing section 217(g) of title 23, United States Code, the Secretary, in cooperation with the American Association of State Highway and Transportation Officials, the Institute of Transportation Engineers, and other interested organizations, shall develop guidance on the various approaches to accommodating bicycles and pedestrian travel. (2) Issues to be addressed.— The guidance shall address issues such as the level and nature of the demand, volume, and speed of motor vehicle traffic, safety, terrain, cost, and sight distance. (3) Recommendations.— The guidance shall include recommendations on amending and updating the policies of the American Association of State Highway and Transportation Officials relating to highway and street design standards to accommodate bicyclists and pedestrians. (4) Time period for development.— The guidance shall be developed within 18 months after the date of enactment of this Act. (c) Protection of Nonmotorized Transportation Traffic.— Section 109(n) of such title is amended to read as follows:112 STAT. 170 “(n) Protection of Nonmotorized Transportation Traffic.— The Secretary shall not approve any project or take any regulatory action under this title that will result in the severance of an existing major route or have significant adverse impact on the safety for nonmotorized transportation traffic and light motorcycles, unless such project or regulatory action provides for a reasonable alternate route or such a route exists.”. (d) Railway-Highway Crossings.— Section 130 of such title is amended by adding at the end the following: “(j) Bicycle Safety.— In carrying out projects under this section, a State shall take into account bicycle safety.”. (e) National Bicycle Safety Education Curriculum.— (1) Development.— The Secretary is authorized to develop a national bicycle safety education curriculum that may include courses relating to on-road training. (2) Report.— Not later than 12 months after the date of enactment of this Act, the Secretary shall transmit to Congress a copy of the curriculum. (3) Funding.— From amounts made available under section 210, the Secretary may use not to exceed $500,000 for fiscal year 1999 to carry out this subsection.