BIKE: Pandora's lights

[Michael Bluejay]

Well, I *do* have the whole section on lighting requirements for 
cyclists on BicycleAustin.info.  But I don't see where it says that it 
supercedes the other section, and in any event it still seems to be a 
gray area, because the bike equipment section doesn't specifically 
require a steady light and it doesn't specifically disallow a flashing 
light:

---------------------------------------------------
Sec. 551.104. Safety  Equipment.
 
(a) A person may not operate a bicycle unless the bicycle is  equipped 
with a brake capable of making a braked wheel skid on  dry, level, 
clean pavement.
 
(b) A person may not operate a bicycle at nighttime unless the  bicycle 
is equipped with:
 
  (1) a lamp on the front of the bicycle that emits a  white light 
visible from a distance of at least 500 feet in  front of the bicycle; 
and 

  (2) on the rear of the bicycle:

(A) a red reflector that is:
  (i) of a type approved by the department; and

  (ii) visible when directly in front of lawful upper beams  of motor 
vehicle headlamps from all distances from 50 to 300  feet to the rear 
of the bicycle; or

(B) a lamp that emits a red light visible from a  distance of 500 feet 
to the rear of the bicycle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995; amended  2001
---------------------------------------------------

And as we saw, our fried in Houston *did* run afoul of the law for a 
simple flashing headlight and flashing rear blinkie.

I suspect this is going to have to go to the Supreme Court before we 
get a definitive answer.  In any event, the law should be clarified.  
Which one of you is in charge of that?

-MBJ-



On Oct 27, 2004, at 9:21 PM, Fred Meredith wrote:

> So, Michael, why didn't you go on down to the lighting requirements to 
> ride a bike at night and see how the flashing red light and the 
> flashing white light may, or may not, satisfy the requirements.
>
> The statute you quoted about cyclists having all the same 
> responsibilities, etc. is superceded by any statute applying 
> specifically to cyclists. I think the requirements call for a front, 
> white light that does not flash, but most codes allow a red rear light 
> as a substitute for a red reflector and it may be a flashing red 
> light.
>
> I suspect that you should only run afoul of a knowledgeable law 
> enforcement officer if you have amber or blue lights flashing in the 
> rear or any color flashing on the front.
>
> But that's just from memory. I'm too busy right now to go look it up. 
> Deadline time you know.
>
> Fred
>
> At 2:20 PM -0500 10/27/04, Michael Bluejay wrote:
>> Just received an inquiry from a reader:
>>
>> On Oct 27, 2004, at 6:09 AM, Adam Huisenfeldt wrote:
>>
>>>     I live in Friendswood (a small suburb outside of Houston) and 
>>> was pulled over last night by Friendswood P.D. due to my bicycle 
>>> lights.  My front light is a Cateye flashing white light and the 
>>> rear is a red flashing light of the same brand.  A relatively young 
>>> officer pulled me over last night and threatened me with a ticket, 
>>> stating that "only emergency vehicles are allowed to have flashing 
>>> red, white or blue lights".  I don't feel quite so safe with the 
>>> lights not flashing as I'm not so obvious whilst cycling after dark. 
>>>  Was this officer accurate?  Does this law apply to bicycles??  
>>> Please let me know and THANK YOU!
>>>
>>>
>>> Sincerely,
>>> Adam Huisenfeldt
>>> Friendswood, TX.
>>
>>
>> I looked it up and here's what I found, which seems to apply only to 
>> motor vehicles:
>>
>> ----------------------------
>> Sec. 547.305.  RESTRICTIONS ON USE OF LIGHTS.  ... (c)  A person may 
>> not operate a motor vehicle equipped with a red, white, or blue 
>> beacon, flashing, or alternating light......
>> Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended 
>> by Acts 1999, 76th Leg., ch. 380, Sec. 1, eff. July 1, 1999.
>> -----------------------------
>>
>>
>> On the other hand, the following section says that cyclists are 
>> generally subject to the same provisions as other vehicles:
>>
>> ---------------------------------------------
>> Sec. 551.101. Rights and  Duties.
>>
>> (a) A person operating a bicycle has the rights and duties applicable 
>> to a driver operating a vehicle under this subtitle, unless:
>>
>>  (1) a provision of this chapter alters a right or duty;  or
>>
>> (2) a right or duty applicable to a driver operating a  vehicle 
>> cannot by its nature apply to a person operating a  bicycle.
>> ----------------------------------------------
>>
>> That seems to make the whole thing a gray area.  It would be nice if 
>> this issue were clarified in the law, but it's not.
>>
>> Let the debate begin.
>>
>> -MBJ-
>> ________________________________________________________________
>> http://michaelbluejay.com     BICYCLE WONDERLAND  *  VEGETARIAN GUIDE
>>           SAVING ELECTRICITY * SOC. RESPONSIBLE STOCKS * CHEAP AIRFARE
>>
>> _______________________________________________
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>
>
> -- 
> When in doubt ... ride your bike (or at least write about it).
>
> Fred Meredith
> P.O. Box 100 (12702 Lowden Ln for UPS/FedEx)
> Manchaca, TX 78652
> 512/282-1987 (office/home)
> 512/282-7413 (fax)
> 512/636-7480 (wireless)
> More than you want to know at: http://2merediths.com
>