BICYCLING REGULATIONS

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

Bicyclists are required to comply with all the regular traffic regulations that motor vehicles are required to comply with, such as stop signs, red lights, etc.  For example, if a car has the green light to turn onto a road such as US 27, and a bicyclist is proceeding on a sidewalk along US 27, the bicyclist is required to stop and permit the car with the green light to proceed onto the highway.

Under Kentucky law, bicyclists as well as drivers of cars are required to give various signals while on public streets.  For a left turn signal, the hand and arm of the bike rider should be extended horizontally from the left side of the bike.  For a right turn signal, bicyclist can signal by extending his right arm horizontally to the right or by extending his left arm horizontally to the left with the hand and arm extended upward from the elbow.  Bicyclists are even required to give stop signals by extending either arm horizontally with the hand and arm extended downward from the elbow to indicate a stop or decrease in speed.  Any signals from a bicyclist should be given intermittently for the last one hundred (100) feet traveled by the bike before the turn or stop.  However, bicyclists are not required to signal when doing so could endanger safe operation of their bike. 

By administrative regulation in Kentucky, a bicycle, when riding at night (or in dark conditions) are required to have at least one (1) light in front of the bike which will reveal clearly substantial objects at least fifty (50) feet ahead and also are required to have one (1) red light or one (1) red reflector displayed on the rear of the bicycle.

Although it is not required under Kentucky law, bicyclists should wear a helmet.  The Kentucky Department of Transportation reports that helmets protect against injury in 8 out of 10 crashes involving head bumps. 

To the surprise of many, Kentucky also has a law prohibiting what we call BUI’S-Bicycling Under the Influence.  The law provides that no person under the influence of intoxicating beverages which may impair one’s driving ability shall operate a vehicle that is not a motor vehicle anywhere in this state.  A bicycle is considered a vehicle under Kentucky law if it is used for the transportation of persons or property over or upon the public highways.  The penalty for operating a bicycle on a highway while under the influence is a fine of not less than $20.00 nor more than $100.00 plus court costs.

I hope this information is interesting and helpful.  If you have any topics you would like to have covered in this column, please contact my office by e-mail at campbellcoatty@gmail.com, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.

RIGHTS OF ADJOINING LANDOWNERS AS TO TREES AND BUSHES

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

As an attorney, I have received many calls through the years by one neighbor concerning problems with trees, bushes or other vegetation that grow or hang over from an adjoining neighbor’s property.  I thought it may be helpful to explain the law in Kentucky concerning these situations especially given the effects the extreme weather conditions we withstood this past winter has had on our trees.

In 1985, Kentucky has adopted what is known as the “Massachusetts’ Rule” governing problems with trees between adjoining property owners.  Simply, a property owner is not liable to a neighbor for tree limbs and roots that extend into the neighbor’s property from a tree that is alive.  Moreover, the owner is not required to remove limbs and roots that extend over and into the adjoining property of others.  The theory behind the rule is that a property owner should be able to grow all the trees he wants on his own property without repercussion.

Although the neighbor cannot force the owner to cut back the trees, the neighbor has the right to cut off intruding limbs or roots on his own property.  For example, if a neighbor’s trees were hanging over your driveway or your house causing problems or the roots from the tree were buckling your sidewalk or driveway, then you would be permitted to cut the roots and the limbs back to the property line.  Nevertheless, if you exceed past the property line, you can be liable for civil damages caused by your actions.

On the other hand, if the tree is dead and likely to fall and cause injury, a neighbor can file a nuisance suit requesting the adjoining property owner be required to remove the dead or damaged portions of the tree.  The theory behind this is that it would be futile to require the neighbor to remove a portion of a dead tree back to the property line while leaving the hazard of a large portion of the total tree to remain in a threatening position.  If the tree has already fallen, you can also file suit for the damages caused by the fallen tree. 

In most cases, the best starting point to resolving a problem would be contacting the neighbor, explaining the problems and trying to work together to eliminate the problems.  There may be several issues involved including for example where exactly the property line is actually located or if the property is owned by the government.  If in doubt or an issue arises, it is always best to consult an attorney to assist and advise you with your specific problem because the law in this area is still being developed.

I hope this information is interesting and helpful.  If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.gov, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.