CHAPTER TEN ACCIDENTS INVOLVING MOTORCYCLES, BICYCLES, BUSES, RENTAL CARS, AND RIDE SHARING PROGRAMS
| Jurisdiction | Maryland |
MATTHEW J. GANNETT is a graduate of the University of Maryland and the University of Baltimore School of Law. He is an associate with DeCaro, Doran, Siciliano, Gallagher, and DeBlasis, LLP. His practice includes complex civil litigation, including automobile liability, premises liability, construction litigation, and insurance defense.
I. INTRODUCTION
This chapter reviews the laws, regulations, and rules pertaining to the operation of motorcycles, bicycles, buses, taxicabs, trucks, emergency vehicles, and vehicles that are being rented or used in a ride sharing program.
II. MOTORCYCLES
A. Definitions
A motorcycle is a vehicle that (1) is an Autocycle; or (2) (i) has motive power; (ii) has a seat or saddle for the use of the rider; (iii) is designed to travel on not more than three wheels in contact with the ground and at speeds exceeding 35 miles per hour; and (iv) is of a type required to comply with all motor vehicle safety standards applicable to motorcycles under federal law.1 An Autocycle is a motor vehicle that (1) has two front wheels and one rear wheel; (2) has a steering wheel; (3) has permanent seats on which the operator or a passenger is not required to sit astride; (4) has foot pedals to control acceleration, braking, and if applicable, a clutch; and (5) is manufactured to comply with federal safety standards for motorcycles.2
A motorcycle is considered a "motor vehicle."3
B. Equipment Requirements
1. Operators and Passengers
Operators must wear an eye protection device of a type approved by the Motor Vehicle Administration (MVA) or the motorcycle must have a windshield.4 Both operators and passengers must wear protective headgear meeting standards established by the MVA.5 Failure to wear protective headgear may not be considered evidence of negligence or contributory negligence or in any way diminish one's recovery for damages arising out of the ownership or use of a motorcycle.6 In fact, protective headgear cannot be mentioned in a trial that does not involve a claim related to the design or manufacture of protective headgear.7
2. Motorcycles
For operation of a motorcycle on a roadway where the posted maximum speed exceeds 50 mph, or on any expressway or other controlled access highway, a motorcycle must be equipped with a motor with a rating of greater than 1.5 brake horsepower or a capacity of at least 70 cubic centimeters piston displacement.8 The seller of a motorcycle must advise the buyer of these restrictions.9
Every motorcycle must be equipped with an adequate braking system capable of meeting the requirements of the TRANSP. §22-302.10 The MVA is authorized to require inspection of the braking system on any motorcycle.11
To carry a passenger, a motorcycle must be designed for more than one person.12 If the passenger is not in a sidecar or enclosed cab, then the motorcycle must be equipped with footrests for the passenger.13
The handlebars of a motorcycle may not be more than 20 inches in height above the part of the seat occupied by the operator.14 Every motorcycle must be equipped with at least one, but not more than two, headlamps.15 Motorcycles should carry at least one red reflector that is placed between 15 and 60 inches from the ground and visible at night from at least 600 feet away.16 COMAR clarifies that every motorcycle must have one rear reflector, two red side reflectors, and two amber side reflectors.17 Every motorcycle must be equipped with at least one stop lamp and tail lamp.18 Turn signal lamps are required for any motorcycle manufactured after January 1, 197319 Each motorcycle must have a rearview mirror on the right and left handlebars.20
COMAR 11.14.03 provides detailed regulations for safety standards and other requirements motorcycles and certain three-wheel multipurpose vehicles.
C. Operational Rights and Duties
Motorcyclists have all the rights and duties possessed by the driver of any other motor vehicle under Title 21, except as otherwise provided, and except for those provisions of Title 21 that by their very nature cannot apply to motorcycles.21
On roadways divided into two or more clearly marked lanes, a motorcyclist is entitled to the full use of a lane, and a motor vehicle may not be operated in any manner that deprives a motorcyclist of the full use of a lane.22 However, up to two motorcycles may be operated in a single lane. Motorcycles may not be operated more than two abreast in a single lane.23 Except for police officers on motorcycles, motorcyclists may not overtake and pass a vehicle occupying the same lane, nor may motorcyclists travel between lanes of traffic or between adjacent lines or rows of vehicles.24
A person may only ride a motorcycle, other than an autocycle, astride the seat, facing forward and with a leg on each side of the motorcycle. The operator may not hold or carry any object that prevents keeping both hands on the steering mechanism.25 Moreover, the operator of a motorcycle may not transport any passenger in a manner that interferes with the operation, control, or view of the operator.26
D. License Requirements for Operators of Motorcycles
A person may not operate a motorcycle, other than an autocycle, on any highway in the State without possessing a Class M driver's license issued under Title 16, he or she is expressly exempt from the licensing requirements of Title 16.27
III. BICYCLES
A. Definition
A "Bicycle" is:
(1) A vehicle that:
(a) Is designed to be operated by human power;(2) An electric bicycle;
(b) Has two or three wheels, one of which is more than 14" in diameter; and
(c) Has a drive mechanism other than by pedals directly attached to a drive wheel;
(3) A moped; or
(4) An electric low speed scooter.28
An "Electric Bicycle" is a vehicle that:
(1) Is designed to be operated by human power with the assistance of an electric motor;
(2) Is equipped with fully operable pedals;
(3) Has two or three wheels;
(4) Has a motor with a rating of 750 watts or less; and
(5) Meets one of the following criteria:
a. Has a motor that only provides assistance when the rider is pedaling and stops providing assistance when the bicycle reaches 20mph;
b. Has a motor that stops providing assistance when the bicycle reaches a speed of 20mph
c. Has a motor that provides assistance only when the rider is pedaling and stops providing assistance when the bicycle reaches a speed of 28mph.29
A "Moped" means a bicycle that:
(1) Is designed to be operated by human power with the assistance of a motor;
(2) Is equipped with pedals that drive the rear wheel(s);
(3) Has two or three wheels, of which one is more than 14 inches in diameter; and
(4) Has a motor with a rating of 1.5 brake horsepower or less, and/or a capacity of 50 cubic centimeters piston displacement or less.30
An "Electric Low Speed Scooter" is a vehicle, other than a personal assistive mobility device or electric wheelchair that
(1) Is designed to transport only the operator;
(2) Weighs less than 100lbs;
(3) Has single wheels in tandem or a combination of one or two wheels in the front and rear of the vehicle;
(4) Is equipped with handlebars and a platform to be stood upon while riding;
(5) Is solely powered by an electric motor and no human power; and
(6) Is capable of operating at a speed of up to 20mph.31
Mopeds, motor scooters, electric bicycles, and electric low speed scooters are not "motor vehicles" as that term is defined in the Maryland Transportation Article.32
A "public bicycle area" means any highway, bicycle path, or other facility or area maintained by the State or any political subdivision for the use of bicycles.33
B. Equipment Requirements
A bicycle must have a braking system capable of stopping from a speed of 10 miles per hour within 15 feet on dry, level pavement, and a bell or other device capable of giving a signal that is audible at a distance of 100 feet.34 When there is insufficient light or unfavorable weather, a bicycle must have a front lamp and rear reflector or rear lamp.35 A bicyclist must wear a helmet if the bicyclist is under the age of 16 or a operating a bicycle on a highway, bicycle way, or property open to the public for vehicular traffic.36 A bicyclist may not wear earplugs or a headset unless it is a hearing aid.37
C. Rules of the Road
The operator of a bicycle in a public bicycle area possesses all the rights and duties of the driver of a vehicle subject to certain statutory limitations.38 This includes the duty to use due care to avoid colliding with any pedestrian and, if necessary, to use the audible signal to warn pedestrians.39 When a bicyclist is lawfully operating on a sidewalk or in a crosswalk, then the bicyclist has the same rights and duties as a pedestrian.40 At an intersection, a person operating a bicycle is subject to all traffic control signals.41
A bicycle being operated at a speed less than the speed of traffic shall ride as close to the right side of the roadway as practicable except when (1) turning left, (2) operating on a one-way street, (3) passing a slower moving vehicle, (4) avoiding pedestrians or road hazards, (5) the right lane is a right turn only lane, or (6) operating in a lane that is too narrow for a bicycle or motor scooter and another vehicle to travel safely side by side within the lane. Bicycles may be operated two abreast only if traffic is unimpeded.42
With very few exceptions, a bicyclist shall use a bike lane or smooth shoulder whenever one is available, and bicycles are not permitted on any roadway where the speed limit is 50mph or more or any expressway or controlled access highway.43 A bicyclist may not leave the bike lane until the movement can be made with reasonable safety and only after giving appropriate signal.44
A person operating a bicycle may not carry any package, bundle, or...
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