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Policies
Policies
affecting bicycling and walking
Bicycling and walking are important elements of an integrated,
intermodal transportation system. Therefore these modes must
be integrated into the policies and practices of government
agencies at the federal, state and local levels.
Federal Policies
United States Department of Transportation
The United States Department of Transportation (USDOT) is responsible
for transportation policies and spending programs at the federal
level. Past policies and programs of the USDOT and the Federal
Highway Administration (FHWA), such as the Interstate Highway
System, have had tremendous influence on the national transportation
system. FHWA works with Departments of Transportation (DOT's)
in each state to implement polices and programs.
In 1991, Congress passed landmark transportation legislation
that set a new direction for transportation policy. The Intermodal
Surface Transportation Efficiency Act (ISTEA) recognized the
importance of bicycling and walking in creating a balanced transportation
system. Key provisions included in ISTEA regarding bicycling
and walking include:
• A ten percent set aside of Surface Transportation Program
funding for transportation enhancements, including facilities
for bicycling and walking;
• The opening of numerous other funding programs to pay
for bicycle and pedestrian facilities;
• The requirement that all States and MPOs prepare long
range transportation plans that include bicycling and walking;
and
• The requirement that each state appoint a bicycle and
pedestrian coordinator.
Following the adoption of ISTEA, the U.S. Department of Transportation
published the National
Bicycling and Walking Study (NBWS) in 1994. The NBWS translated
the recognition of nonmotorized travel embodied in ISTEA into
two specific goals: to double the percentage of trips made by
foot and bicycle while simultaneously reducing the number of
crashes involving bicyclists and pedestrians by 10 percent.
The Transportation Equity Act for the 21st Century (TEA-21),
signed into law on June 9, 1998, carries forward the same programs
for bicycling and walking established in ISTEA, and also included
several new and stronger directives. Important policies and
statements included in TEA-21:
• State and MPO long range plans are to "provide consideration
of strategies that will increase the safety and security of
the transportation system for motorized and nonmotorized users."
• Bicyclists and pedestrians shall be given "due consideration"
in State and MPO plans.
• Bicycle and pedestrian facilities are to "be considered,
where appropriate, with all new construction and reconstruction
of transportation facilities."
TEA-21 also requires that the Secretary of Transportation to
assure that bicycle and pedestrian linkages are maintained and
improved, stating that:
• "The Secretary of Transportation shall not approve
any project or take any regulatory action that will result
in the severance of an existing major route, or have an adverse
impact on the safety of nonmotorized transportation traffic
and light motorcycles, unless such project or regulatory action
provides for a reasonable alternate route or such a route
already exists;" and
• "in any case where a highway bridge deck being replaced
or rehabilitated with federal financial participation is located
on a highway on which bicycles are permitted to operate at
each end…and the Secretary determines that the safe accommodation
of bicycles can be achieved at reasonable cost, the such bridge
shall be so replaced".
In February 1999 FHWA issued a Guidance Memorandum regarding
the bicycle and pedestrian provisions of TEA-21. A copy of the
Memorandum
can be viewed on the FHWA website. The memorandum is extremely
supportive of bicycling and walking and clearly establishes
that these modes are an important component of the transportation
system, stating that:
• "To varying extent, bicyclists and pedestrians will
be present on all highways where they are permitted and it
is clearly the intent of TEA-21 that all new and improved
transportation facilities be planned, designed, and constructed
with this fact in mind";
• "We expect every transportation agency to make accommodation
for bicycling and walking a routine part of their planning,
design, construction, operations and maintenance activities";
• "Bicycling and walking ought to be accommodated as
an element of good planning, design and operation."
The guidance also clarified the meaning of "due consideration"
stating that:
• A presumption that bicyclists and pedestrians will
be accommodated in the design of new and improved transportation
facilities
• The decision NOT to accommodate them should be the
exception not the rule
• Must be exceptional circumstances for denying access
through design or prohibition.
Americans with Disabilities Act (ADA)
Administered by the Department of Justice, ADA prohibits State
and local governments from discriminating against people with
disabilities in all programs, services, and activities. ADA
also prohibits discrimination against people with disabilities
in public transportation provided by public entities. The ADA
Accessibility Guidelines do not currently address sidewalks
and trails, the United States Access Board is working to develop
the guidelines. FHWA published Designing
Sidewalks and Trails for Access, Part I of II: Review of Existing
Guidelines and Practices, in 1999 and recommends that this
document be used when considering how best to accommodate persons
with disabilities in public rights of way.
State/Local Policies
Some states and local governments find that in addition to making
physical improvements to their transportation infrastructure,
a variety of their policies affecting bicycle and pedestrian
transportation have become outdated or do not support alternative
transportation. Policy changes can include a number of elements:
• Goals that emphasize alternative transportation Revisions
to transportation goals and objectives that include encouraging
alternative transportation. It is helpful to establish measurable
goals for increasing bicycle and pedestrian travel and reducing
crashes. Many state and local bicycle plans have incorporated
the dual goals of doubling the percentage of bicycle and walking
trips, while simultaneously reducing the number of crashes
for these modes by ten percent, included in the National Bicycling
and Walking Study.
• Changes to standard operating procedures Policies for
standardizing bicycle and pedestrian improvements through
the regular activities of local, regional and state governments.
For example, some communities have made it standard transportation
policy to include bicycle and pedestrian concerns during all
transportation improvement studies, and to provide bicycle
facilities and sidewalks whenever streets are constructed
or maintained.
• Revisions to zoning ordinance and street design standards
Revisions to zoning ordinances and subdivision regulations
to encourage and/or require development of bicycle and pedestrian
facilities during development projects. Examples include bicycle
parking ordinances, site plan ordinances that require bicycle
amenities such as showers and lockers in addition to bicycle
parking, trail development ordinances, and residential street
layout requirements that ensure continuity between adjacent
developments so that bicyclists and walkers are provided with
through-routes.
• Changes to the motor vehicle code It is important to
eliminate laws that are problematic for bicyclists and pedestrians,
such as mandatory sidepath laws (requiring bicyclists to use
sidepaths if they exist), or laws that require bicyclists
to ride in bike lanes if they exist (this is a problem because
bicyclists must merge into travel lanes when making left turns,
or when there is debris in the bike lane). Motor vehicle laws
should be designed to give pedestrians the right-of-way when
crossing the street, and should limit right-turn on red where
appropriate.
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