LAW BIKE
Here is doc.
"Bill's Bicycle" in its early pre-legislative-to
socialize with all the pro cycling community and citizens to receive their input
. Send us your comments: chile.prociclista @ gmail.com
there until next May 30 to receive suggestions, contributions, recommendations before presentation to the National Congress of Chile.
This work began two years ago with the lawyer Mr. Sebastian Inzunza
cyclist (sinzunza@gmail.com) member of the legal staff of the Deputy
Tohá Carolina (ctoha@congreso.cl) who, together with other deputies
procyclical different
will present to the Chamber of Deputies. The project belongs to the community and all cyclists
and organized pro-cyclical and anonymous Chilean
of Chile without distinction.
Atte. Olmedo
President Omar Villanueva
Chile procyclical movement
First Act Bicycle for Chile
Bill on the use and promotion of cycling. Objectives
1. Implement a public policy of use and promotion of cycling.
2. Establish rights and obligations of cyclists.
3. Creation of a Committee, with citizen participation, to ensure implementation, monitoring and improving public policy pro cycling.
4. Creating a bicycle registration.
MOTION FOR MEMBERS OF THE REPUBLIC TO BEGIN WITH A BILL FOR USE AND PROMOTION OF THE BIKE
VIEW:
The provisions of Articles 63 and 65 of the Constitution of the Republic, as provided by law n º 18,918 Constitutional Organic Law of Congress and the provisions of the Regulations of the H. Chamber of Deputies.
WHEREAS
1. That the Constitution of the Republic in its Article 19 No 8, guarantees all persons the right to live in an environment free of pollution;
2. That, also, the Constitution guarantees all persons the right to move freely throughout the national territory, but subject to the rules established by law;
3. That the functions of the state is taking care of health and safety of persons and the protection of the environment. In this sense, means of sustainable transport such as cycling, that show more efficient use of road capacity and environmental protection should be the subject of promotion by the State;
4. Bicycle traffic that turns out to be a much more valid than the movement of cars, therefore, will be encouraged by the state.
5. That this initiative aims promote cycling as a means of transportation, which is declared of public interest as an alternative use of clean transport.
6. That the massive use of bicycles in Chile will allow better and easier movement of people, as in countries like Holland, Denmark and Canada, where people make a massive use of this mode of transport.
7. The bike is economical means of transportation that will allow users to save money on transportation. Is a measure that contributes to the reduction of environmental pollution, which will impact positively on public health, sustainability the environment and the promotion of exercise for users.
8. That recent studies indicate that for short and medium distances in a city the fastest means of transport is the bicycle. Thus, for a distance of five to eight miles the bike is the fastest means of transport for such trips.
9. The need for change in travel behavior is objectively stated and justified: road congestion and air pollution and noise are elements problem today and will be even more in the future. Therefore, a solution to the problems identified by the creation material conditions that allow the circulation by means of transport other than the car.
10. That health, environment, organization of cities, personal autonomy, ultimately, the quality of life will benefit from this law.
11. The cycling zero emits pollutants so your building has an immediate effect on public health.
12. The numerous medical studies to date acknowledge that cycling improves overall health. Reduce the risk of heart disease and may also help the prevention and control of physical problems such as osteoporosis, diabetes, obesity, some types of cancer, musculoskeletal order, and delay the onset of disability, both physical mental cone. Also, the beneficial effects of cycling for health may be particularly important in certain sections of the population, for example, on the school stage where obesity, sedentary lifestyle products, has reached alarming levels in people or the where seniors and continuous moderate exercise is a basic therapy for a healthy life.
13. The bicycle is a means of easy transportation, affordable for all people and suitable for the practice of people all ages and physical conditions. Provides, in turn, a greater freedom of movement and allows cargo transport.
14. That the massive use of bicycles can contribute to the recovery and presentation of urban space through the vehicular congestion and revitalization of certain areas as a result of the increased presence of cyclists.
15. That in most developed countries, the promotion of policies that encourage bicycle use for transportation is recognized as an essential part of any global policy that seeks to environmental sustainability.
16. That the reason why the use of the bicycle as a means of transport has not been crowded in our country is the absence of minimal infrastructure to enable them to recognize this medium a real alternative and that also protect them from heavy vehicles.
17. That increased costs of public transportation tickets, rising gasoline and oil, high levels of pollution, have led many people, especially young people, to use bicycles to get from one point to another the city.
18. That is now recognized that the bicycle is an efficient means of transport is an alternative for many people everyday. However, the use of bike is currently limited and conditioned by the great means of transportation for our times: the automobile. The massive and widespread use of these vehicles, the predominant adaptation to them, both road infrastructure and the traffic regulations, restrict the field of safe use of bicycles. Achieving a balanced and optimal use of transport modes impose solutions of combination of those, with formulas that refer both to the management of physical space, in particular, to define physical spaces for circulation exclusively or Bicycle preferred as flattering to the road rules of cycling.
19. That to achieve these objectives, this bill contains several amendments to the Traffic Act.
SO
Members who subscribe are to submit for consideration by the National Congress the following
BILL:
Article One: Create the following law on the use and promotion of bicycle
"Title I General Aspects
Article 1. Purpose:
This law aims to promote the use of the bicycle as alternative transportation and clean. It also aims to establish the principles and objectives designed to create conditions that will make your bike in a fully integrated transportation to our road system. As well, setting the forms, conditions and guidelines for its use and promotion.
Article 2. State's obligation and right of citizens:
use and promote cycling as a means of transport, is a state obligation and a right of individuals and society. Declare therefore in the public interest to use the bicycle as an alternative clean transport, as promotion is the responsibility of governments at all levels.
Article 3. Principles:
This law is inspiring principles:
1. The right of individuals and society to have access to alternative means of transport such as cycling, adequate and safe conditions and with minimal environmental impact.
2. The involvement of society in making decisions that affect the mobility of people.
3. The adequacy of public policy on this matter.
4. The promotion and encouragement of cycling as alternative transport and pollution.
5. Integrating the use of bicycle for transportation in a coherent and progressive.
6. The organization of a sustainable transport system.
7. The priority for transportation of minor social and environmental cost.
Article 4. Objectives:
The objectives to be met by public policy and promoting use of bicycles as alternative transportation and pollution are:
1. Coordinate the policies of urban development and transport policies so as to ensure full integration of the bicycle as transportation.
2. Planning them.
3. Gradually adapt the related standards.
4. Promote and protect the bicycle as transportation.
5. Establish the State's participation in all levels, creating conditions that will make cycling in a conveyance designed to improve environmental conditions and road traffic and the health and quality of life of citizens.
Article 5: State Action:
will be part of the activity of the State the following:
1. The State encourages and promotes the use of bicycles as alternative transportation and clean.
2. The State, at all levels, ensures the adaptation of public roads for the movement of the bicycle.
3. The State, at all levels, provides a safe road for cycling.
Article 6: Municipalities:
Municipalities should include the use of bicycles in their plans and land transport.
Each municipality shall provide for an item in its budget for the financing of projects, both infrastructure and promotion, encouraging the use of bicycles as alternative transportation and clean.
Municipalities may limit the use of motorized vehicles in certain urban air on certain dates and times, to promote cycling.
Article 7. Running Programs:
The State, at all levels, run programs for the use and promotion of cycling.
Article 8. Definitions:
1. Bike: a device propelled solely by human power, consisting of two or more wheels in line, where a person can sit or ride on a seat. A bicycle is a vehicle when used on public roads.
2. Cycling: Bike driver.
3. Bike lane or bike path or road cyclist: specialized road bike traffic. The bike paths can be urban or intercity and bidirectional or unidirectional, as permitted in these circulation in one or both directions. Also, may be used exclusively for bicycles or shared with other modes or transport.
4. Street or Avenue Preferential use: streets and avenues of the city where the bicycle is the advantaged transportation. These streets and avenues will be properly marked.
5. Public Transportation System Bicycle (TPB): urban transport system composed of several distribution stations / bicycle parking units located in strategic places of the city, willing to hire, to be used for transportation within the a city.
6. Cycling route: Set of bike paths or bike lanes that allow drivers to bicycle travel safely from one point to another in the city.
7. Red or cycling plan: Set systematic cycle routes covering a particular city or region.
8. Classification of bicycle paths or bicycle paths or bicycle lanes sharing:
1. Bus-bike lanes, road space for bicycles to share traffic and public transport, appropriately marked.
2. Pedestrian-bike pathway: the road space used exclusively for pedestrians and cyclists, duly signposted.
3. Berm, berms of roads and highways will, as a rule, consideration of shared cycle path.
9. Classification of bicycle paths or bicycle lanes for the exclusive use bicycles:
1. Track-Bike: segregated bike lane and separated by specific elements of the space to other transport modes.
2. Bike lanes, road space reserved exclusively for the use of bicycles, which must be differentiated from the rest by painting or different pavement.
3. Sidewalk bicycle, sidewalk space exclusively reserved for traffic of bicycles, which must be differentiated from the rest by painting or different pavement.
4. Road bicycle: road space exclusively reserved for traffic of bicycles, which must be differentiated from the rest by painting or different pavement.
Article 9. Bicycle Parking:
New construction, additions or other buildings reforms public or private property, for a purpose which involves the combination of age, must have bicycle parking.
competent bodies amend the zoning and building regulations in force in order to bring them expressed in the preceding paragraph. As well as provide appropriate sanctions and the deadline for buildings suit existing provisions of this article.
Article 10. Bicycle parking in the road:
regional governments and municipalities to develop and finance, in whole bicycle parking on public roads. To do this, you will create a fund to finance the construction and monitoring of parking lots in public. The implementation of parking on public roads shall be in accordance with plans developed by the Commission as provided in Title III.
Article 11. Bicycle parking facilities at the business premises under:
Smaller commercial premises must provide facilities to its users to access and bicycle parking.
Article 12. Bicycle Transportation:
All means of public transport of passengers, except for rental vehicles must have or secure mechanisms for transporting bicycles. The ratio will be at least one passenger for every ten free bike.
procurement contracts of public transport should have rules on carriage of bicycles in the media.
Article 13. Remodeling road:
Any new road renovation is made, whether public or private, should consider the existence of a cycle path or bike path. To do this, you should assess their relevance according to city cycling plan.
The competent authorities shall amend the relevant rules in force in order to bring them expressed in the preceding paragraph. As well as provide appropriate sanctions and the deadline for existing urban routes suit as provided in paragraph one.
Article 14. Background:
The Government will establish in the national budget a fund called the Bicycle Fund, intended to fund bicycle infrastructure, education and bicicultura promotion. Delivery of moneys from the Bicycle Fund is conditional on the economic participation of regions and municipalities in the same objective and the assessment made by the Commission in relation to the cycle network developed.
Bicycle Fund will be administered by the Committee established under Title III. Title II
National Bike Registry
Article 15. Registry: Believe
National Bike Registry, by the Civil Registry and Identification, which aims to collect and maintain the history of bicycles with owners.
National Bike Registry is a public record that keeps the history of the property and publicizes it. The main feature of this Registry is to report on the status of a bicycle at one time.
Registration is optional.
Article 16. Composition:
The composition, structure and working regime National Bike Registry should be established by regulation.
Title III of the Commission for the use and promotion of cycling
Article 17. Of the committee: Believe
National Commission for the use and promotion of the bike, under the ministry of transport, as an advisory, consultant, planner and implementer of policies to use and promote cycling.
Article 18. Composition:
The composition, structure and working regime of the Commission should be established by regulation. In its composition should ensure the participation of the community.
Article 19. Features:
The commission has the following functions:
1. Advising public bodies on the subject;
2. Propose public policies for use and promotion of cycling;
3. Plan public policy on the matter;
4. Develop cycle network of cities;
5. Propose a Public Transportation System Bicycle Santiago;
6. Assess the actions taken on the use and promotion of the bike and track them;
7. Inform the population;
8. Make recommendations as it deems appropriate;
9. Prepare an annual report on the matter;
10. Receive information from other public or private;
11. Promote studies on the subject;
12. Managing Bicycle Fund, and
13. The other route is established law or regulation. Title IV
General provisions Article 20: National Day Without a Car:
Declare September 22 each year as National Day without a car.
Article 21: Obligation of the Seller:
The owner of a business selling bicycles shall not sell any bicycle that does not have an identification number permanently bonded or recorded in its structure.
Article 22: The following amendments to Law No. 18,290:
1. Add to Article 2 The definitions provided in Article 8 of this law. The current definition should be deleted from bikeway or bicycle path provided.
2. Add the following new subparagraph h) of Article 31 A:
"h) Know the rules governing the movement of bicycles."
3. Delete the end of the second paragraph of Article 72 which says, "and the bikes should have reflectors."
4. Delete the words "tricycles and bicycles" in Article 83.
5. Delete the final sentence of Article 84.
6. Delete the word "bicycle" in Article 134.
7. Delete the word "bicycle" Article 136.
8. Create the following new Title X of cyclists, from the current "Title X" to "XI" and the following as the relevant correlation:
1. Article 137 a): Drivers of bicycles and cyclists are subject to the provisions of this Title and additionally to the other provisions of this law, as not be incompatible.
2. Article 137 b) who drives a bicycle must sit astride go forward position and keeping both hands grasped the handle.
3. Article 137 c): Bicycles may not be used to carry more people than that for which they were designed and equipped. The companion must be straddled.
4. Article 137 d): Cyclists may not travel in groups of more than two abreast, except on dedicated tracks, shared or preferential bicycle. During the night and when visibility conditions so require, cyclists must travel one after the other, which will in any case, in tunnels, bridges and underpasses or level.
5. Article 137 e): From a half hour after sunset until half hour before sunrise and whenever weather conditions require, racers must carry a vest, jacket, belt or harness reflective flag.
6. Article 137 f): Every cyclist as a passenger carrying a child under six years must be charged in a specially-designed seat. The child should always wear a helmet. No child will remain in the special seat of the bicycle, unless the rider is in immediate control of it.
7. Article 137 g): Cyclists must respect road signs and speed limits.
8. Article 137 h): Cyclists should not overtake other vehicles on the right. They can only do so using the free lane the left.
9. Section 137 i): Bicyclists must use hand signals referred to in Article 142 of this law.
10. Article 137 j): Cyclists can travel on sidewalks, streets and avenues, sidewalks and bicycle lanes. If there is a bike path should make use of it.
11. Article 137 k): It is forbidden to take cyclists from other vehicles are moving on public roads. Nor may move close to another larger vehicle you hide from view of motorists traveling in the opposite direction.
12. Article 137 l): In case of an accident between a bicycle and another vehicle other than bicycle, occurred in a bike lane or shared exclusive use, or on a street or avenue of preferential use is presumed legally responsible for the accident the driver of the vehicle other than bicycle.
13. Article 137 m): Cyclists have right of way for their vehicles for motor vehicle drivers.
14. Article 137 n): The fines that are made to bicyclists may not exceed 0.2 monthly tax unit and may only be used in case of very serious offenses and / or severe.
15. Article 137 o): You can not move the driver of bicycles at rates higher than the legally set of alcohol, narcotics, psychotropics, stimulants and other similar substances.
16. 137 l): To move by bike is vital that it has:
1. A bearing system, address, and permanent and effective brake;
2. Mirror mirror on one side at least,
3. Bell, horn or similar;
4. That the driver is wearing a helmet, enforceable only in urban areas and those under 16 years. When driving on motorways should always use protective helmet;
5. The driver is the sole occupant with the exception of transport of a load or a passenger, placed in a special seat trunk, or whose weight does not endanger the vehicle handling and stability;
6. Lights or lights: in the front must be equipped with a lamp or device that projects light white or yellow and the back of a lamp or device that reflects red light. This paragraph will be required when moving at night;
7. Reflective Huincho edges of each pedal and front and rear forks. Transitional provisions
Article transitional first:
There will be a tariff exemption for any product that facilitates the transport of bicycles for a period of three years from the enactment of this law.
second transitory article:
Destínese Bicycle Fund the sum of $ XXX XXX.
third transitional article:
Executive is empowered to issue an executive decree to coordinate the law n º 18,290.
Article transitional room:
The amendments to Law No. 18,290 became effective on the date of publication of this law. The remaining rules take effect ninety days will begin after its publication in the Official Journal.
Article transitional fifth:
is empowered to Executive to make regulations prescribed by law, as well as to make the supreme decrees necessary to implement the law. The Executive shall have for this work the time specified in the temporary end of the article above.
Tohá Morales Carolina Rep.
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