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policy and planning : 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.