Pa. Supreme Court says cyclists belong on the road, but must be “reasonable” in fast-moving traffic

• By Julia Fraser/WESA

Cyclists can feel more confident taking the lane on Pennsylvania roads after a Pennsylvania Supreme Court ruling last week doubled down on their right to ride on roads without having to pull over anytime a car approaches.

But cyclists also must make “reasonable efforts” not to impede the flow of vehicles, the court said.

What’s reasonable lies in the grips of the cyclist. The cyclist can determine if there’s a safe spot to move to the right side of the lane, to the shoulder, or off the road altogether to allow cars and trucks to pass — or if it’s safer to stay in the lane for a while longer, according to the majority decision.

“This affects a lot of people,” said Eric Boerer, advocacy director at BikePGH.“We have heard of instances where people have been pulled over in the city of Pittsburgh on smaller streets like Ellsworth for riding their bike in the street.

“Some people have fought it and won, but some people might just pay the ticket,” he said. “What this really does is, it affirms what the Pennsylvania vehicle code says — that bicyclists are allowed to ride on the road.”

In 2021, cyclist Brendan Linton was riding his bike on Evans City Road in Butler Township. The speed limit on the road varies from 45 to 55 mph on the heavily trafficked state highway.

Pennsylvania State Trooper Joshua Oshe had heard complaints of slow-moving bicycles on this stretch of road and pulled onto the highway behind a row of cars, according to court documents. One by one, the cars passed Linton.

Oshe also attempted to go around the cyclist but had to back out due to oncoming traffic. Then, he pulled Linton over. Linton got a $25 ticket and took it to court, according to case documents.

The Supreme Court ruled in Linton’s favor, reversing the decisions of a Butler County judge and a lower appeals court.

“What this decision really illuminates is there’s a bunch more circumstances to consider,” said Corrie Woods, Linton’s attorney. “If you’re going to write that ticket, you had better be pretty darn sure that this person is being unreasonable. They have some degree of a right to be there. We’re supposed to share the road. That’s not what things were like at the beginning of this case, and so we’ve moved the needle a little bit here.”

This ruling puts Pennsylvania in line with “most other states,” said Ken McLeod, policy director at the League of American Bicyclists. “Over time, the theory of our legal system is that cases will be decided that give some form to what is ‘reasonable,’ or the legislature will step in to further define it.”

Last year in Allegheny County, there were 61 reported crashes involving cyclists on the roads, including three deaths, according to the most recent data from the Pennsylvania Department of Transportation. In 2023, there was only one cyclist death in Allegheny County.

Enforcing traffic laws “is pretty much the same” regardless of vehicle, said Rocco Gagliardi, a trooper with the state police. “Once you really get on the road, it doesn’t matter what you’re in — horse, buggy, ATV, quad, motorcycle, bike, you name it, everything in Title 75 [the state vehicle code] will apply to you.”

The state police’s strategy shifts gear when new laws or rulings come into effect. There are special enforcement days in speeding and high-crash areas as well as hot spots for bicycles and pedestrians.

“We actually go out there and make sure vehicles are correctly responding to those bright flashing lights saying a pedestrian is clearly walking across the street here,” Gagliardi said. “We’re also looking out for either pedestrians or bicyclists on the roadway as well, making sure drivers either give them appropriate space and time or making sure the cyclist responds correctly to all the signage on the roadways.”

State police work with local townships and municipalities to assess road conditions and figure out how to patch up such hazards as potholes and broken glass on the shoulder — a priority to make sure a cyclist is able to pull over.

“Does this road have a reasonable amount of room for a cyclist to move over?” Gagliardi said. “How’s the conditions of the shoulder for this state highway with PennDOT or a local road with a township? So we take all that into consideration, especially with new updated laws. We go out there, we drive, and see if the pedalcycle can use reasonable effort to move over or if there’s not enough room.”

The specific circumstances that would require a cyclist to move over are up to interpretation, but this decision confirms cyclists’ right to be a part of traffic.

“I don’t think we’re going to see tickets, for example, of somebody’s going down a street in Shadyside and they’re just in a traffic pattern waiting for traffic to let up,” Woods said. “I’ve seen that case.

“I don’t think we’re going to see judges and police officers saying, ‘Get on the shoulder and ride there. You don’t belong on the road,’” Woods added. “I think what this does is it raises the floor and hopefully promotes a little more consideration of different perspectives on the roadway.”