The cyclist’s bill of rights

It is the article of Act 22-2000 that sets out, in one place, what a cyclist may lawfully do on the road, what they must do, and what every driver is obliged to do when a cyclist is near. It is written in four parts: the cyclist’s rights, the cyclist’s duties, the driver’s obligations and an education campaign.

The rights and duties part applies to “people who practise the sport of cycling”. The obligations part applies to “anyone who drives a vehicle or motor vehicle on the public road”: you do not have to be a cyclist for the article to bind you.

• For the rights in part (A): practising cycling and travelling on a public road that is not controlled-access or an expressway, or a zone where DTOP’s Secretary prohibits it for safety reasons.Verified against the official source
• For the obligations in part (C): driving a vehicle or motor vehicle on the public road. The article requires nothing else.Verified against the official source

Information pending verification.

1. 1

   Step 1: The bicycle belongs on the road, with two exceptions

   Article 11.04(A)(1) says every cyclist has the right to ride on any public road, whether a street, a road or a state or municipal highway, “except that they shall not ride on a controlled-access road, an expressway or where DTOP’s Secretary prohibits it for safety reasons”, and adds that permitted and prohibited zones shall be publicised. That list of zones is not in the Act and we did not read it, so we do not publish it here.

2. 2

   Step 2: The right edge, the shoulder, and the whole lane

   Article 11.04(A)(2) gives the cyclist the right to use the right edge of the roadway, and says it shall be every driver’s duty to exercise due caution in passing; the cyclist shall also have the option of using the right shoulder on roads where it is in passable condition. And subsection (A)(3) goes further: every cyclist has the right to use the full width of the lane whenever travelling in an urban zone at the same speed as a motor vehicle.

3. 3

   Step 3: Two abreast, if they keep the minimum speed

   Article 11.04(A)(5) says any group of two or more cyclists has the right to use the lane designated for slow vehicles riding two abreast. The condition is explicit: that group must travel at least at the minimum speed permitted to motor vehicles on that road, so as not to obstruct the free flow of traffic. And again: it shall be every driver’s duty to exercise due caution in passing.

4. 4

   Step 4: When the cyclist may take the sidewalk

   The Act permits it, but only in listed cases. On the right sidewalk or the pedestrian portion, Article 11.04(A)(6) authorises it to stop, halt or park; to accelerate before entering a busy road; to avoid a vehicle stopped on the right or about to turn right; to let a faster vehicle pass; where a law enforcement officer permits it; and to avoid an accident. On the left sidewalk, subsection (A)(7) reduces it to three: to slow or stop where vehicles have stopped and traffic or another circumstance prevents safe travel on the right side; where a law enforcement officer authorises it; and to avoid an accident.

5. 5

   Step 5: What the cyclist must do

   Part (B) says every cyclist shall comply with all applicable provisions of the Act, with “special emphasis on: i: not running red lights; ii: not riding under the effects of alcohol, drugs and/or controlled substances”. Also: they shall use the exclusive bike lane whenever one is available and passable; ride with traffic in the right lane; give the hand signals as defined in Article 6.17 when stopping or turning; and make sure the bicycle is in optimal condition for the road. There is also a voluntary one: any cyclist or driver who wishes may contribute money to the special fund in Article 23.02-g for the benefit of the Trauma rooms authorised by the Health Secretary, in addition to the Act’s mandatory charges.

6. 6

   Step 6: Three feet to pass, ten to retake the lane

   These are the two numbers every driver should know. Article 11.04(C)(2) requires leaving a space of three feet between the right side of the vehicle and the cyclist when passing, and forbids passing when vehicles are approaching in the opposite direction in the left lane. Subsection (C)(3) adds the other: anyone passing a cyclist on their right must verify they have given at least ten feet between the rear of their vehicle and the cyclist before retaking the lane, and shall not pass if about to turn right immediately after. And it sets the presumption: “You must always assume the cyclist will continue travelling in a straight line, unless they signal otherwise”. When turning left, the cyclist in transit must be given way as with other vehicles.

7. 7

   Step 7: The horn, the door and patience

   The driver’s other three duties are less numerical and more everyday. Subsection (C)(1) requires yielding the right of way, slowing or stopping if necessary, to any cyclist crossing the roadway where there are no traffic lights or they are not working. (C)(4) requires taking every precaution not to run over or cause accidents to cyclists, with special precautions when the weather is unfavourable, and being “patient with cyclists and allowing them the space they need to travel, as you would with other slow vehicles”. (C)(5) forbids sounding the horn suddenly when approaching a cyclist, and on narrow roads or in emergencies requires alerting them of your approach with a brief tap at a prudent distance. And (C)(6) requires taking every necessary precaution before opening the vehicle’s doors, so as not to cause the cyclist an accident.

8. 8

   Step 8: A hundred dollars for one, eight years for the other

   The asymmetry of the penalties is the most important thing in the article. Anyone violating any provision of part (B) — the cyclist’s duties — commits an administrative offence punished with a one hundred dollar fine. Anyone violating part (C) — the driver’s obligations — shall be guilty of a misdemeanour and, on conviction, punished with imprisonment for a term not exceeding six months, a fine of not less than five hundred nor more than five thousand dollars, or both at the court’s discretion. And a violation of the article resulting in grave bodily harm or death to the cyclist “shall be considered a felony with a penalty of eight (8) years’ imprisonment and a five thousand (5,000) dollar fine, without prejudice to the person also being charged under the provisions of Chapter VII, if applicable, or under the applicable provisions of the Penal Code”.

9. 9

   Step 9: And an education campaign the Act orders

   Part (D) directs the Traffic Safety Commission, the Department of Transportation and Public Works, the Police and the Highways and Transportation Authority to run an education campaign through conventional media — digital and print press, radio, television — and also through social media, video pages, videotelephony applications, teleconference services and phone and smart device applications, to inform the public about this Chapter’s provisions.

There is no procedure: these are rules of conduct on the public road. A stop for an administrative offence is made by the law-enforcement officer or the Municipal Police; the misdemeanour and the felony are prosecuted by the Ministerio Público before the Court of First Instance. The list of zones where the Secretary prohibits cycling is to be publicised by the Department of Transportation and Public Works, and the education campaign is run by the Traffic Safety Commission with DTOP, the Police and the Highways Authority.

• Believing a bicycle cannot use the road: it can, except controlled-access roads, expressways and zones the Secretary prohibits.
• Thinking the cyclist must always hug the edge: in an urban zone and at the same speed as a vehicle, they have a right to the full lane.
• Believing riding two abreast is banned: it is allowed in the slow-vehicle lane if the group keeps at least the minimum permitted speed.
• Passing a cyclist with less than three feet: that is exactly what subsection (C)(2) forbids.
• Retaking the lane too soon: ten feet are needed between the rear of your vehicle and the cyclist.
• Passing and then turning right immediately: subsection (C)(3) expressly forbids it.
• Assuming the cyclist will move aside: the Act requires assuming they will continue in a straight line unless they signal otherwise.
• Sounding the horn suddenly as you approach: it is forbidden; on a narrow road or in an emergency, a brief tap at a prudent distance.
• Opening the door without looking: subsection (C)(6) requires taking every precaution before opening it.
• Believing both sides are fined alike: the cyclist, a hundred dollar administrative offence; the driver, a misdemeanour with up to six months in jail and a fine of five hundred to five thousand.
• Ignoring the felony tier: if the violation causes grave bodily harm or the cyclist’s death, it is eight years’ imprisonment and five thousand dollars, and there may be charges under Chapter VII or the Penal Code as well.
• Thinking the cyclist may run a red light or ride after drinking: those are the two points part (B) underlines.

These are the government pages this guide is based on.

• Departamento de Transportación y Obras Públicas (DTOP)

  DTOP

  bvirtualogp.pr.gov