Notes on Questions Relative to Use of Bikes on Sidewalks
During COGR’s informational session, a few questions were raised. Below please find some follow up to the question of whether bicycles can be ridden on sidewalks in Winchester, as well as the other questions raised. The answer is yes, bike riders may use sidewalks in Winchester.
Chapter 1 Section 3, definition of Sidewalk, references Chapter 8 Section 11, Use of Sidewalks, which states bicycle riders are permitted to use sidewalks in Winchester that are outside districts zoned as GBD areas.
“No person shall drive or draw any cart, wagon, sled or other vehicle (except wheelchairs or strollers) over or upon any sidewalk in the Town, provided, however, that bicycles may be ridden on sidewalks outside districts zoned for general business. A person operating a bicycle on the sidewalk shall yield the right-of-way to pedestrians and give an audible signal before overtaking and passing any pedestrian.”
Chapter 1 is meant as a general reference to common definitions found throughout the bylaws.
There were other bicycle-related questions, regarding state and local laws, including some about the use of e-bicycles and motorized bicycles on the Tri-Community Greenway (TCG), located between Winchester, Woburn, and Stoneham. Below, please find snippets of information from local and state laws, Mass Bike, and other online bike resources pulled together by the dedicated COGR.
"The TCG is a multi-purpose path designed for cyclists, walkers, joggers, and strollers to connect communities, parks, and transportation hubs. The Greenway’s major destinations are schools, parks, and commuter rail stations." The TCG differs from a general bike path, which is designed primarily for bikes, distinguished by either a painted bike lane on a street or an off-road path. Winchester does not have any specific bylaws for the TCG, or for e-bicycles, or motorized bicycles. Massachusetts allows cities and towns to pass bylaws or ordinances on bike paths or greenways if needed.
Below are some M.G.L. cited to answer questions posed regarding bicycles, e-bicycles, or motorized bicycles on public ways, including sidewalks and bike paths, as well as other information on e-bicycles and motorized bicycles:
Can bikes be ridden on sidewalks in Massachusetts and Winchester? Yes, according to M.G.L. Ch. 85 Sect. 11B and Winchester Bylaw Ch. 8 Section 11. A cyclist may ride a bicycle outside the GBD; however, they must yield to pedestrians. Excerpts from Chapter 1 of Section 90 referenced in Ch. 85 Sect. 11B, indicates “a person operating a bicycle upon a way… shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles” are posted.
What is a public way? A Public Way," under definitions in M.G.L. Part 1 Title Ch 90 Section. 1, a ''Way'', is any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers. Bicycles in Ch. 85 Sect. 11B have access to "all public ways" except where limited access is posted, e.g., highways. Sidewalks can be considered part of a public way, even though they are primarily dedicated to pedestrians. Winchester has a bylaw, Ch. 18-3, that defines Public Way and includes sidewalks.
Can e-bikes be ridden on sidewalks? No, according to M.G.L. Ch. 85 Sect. 11B 3/4 (b) “electric bicycle…is afforded all of the rights and privileges bicycles, and shall be subject to all the duties of an operator of a bicycle or duties related to a bicycle set forth in sections 11B and 11B ½, any general or special law, regulation or local ordinance: provided, however, that electric bicycles shall not be ridden or operated on sidewalks.”
Can e-bikes be ridden on a bike path, bikeway, or Greenway? According to M.G.L. Ch. 85 Sect. 11B 3/4 (c) Yes, however, a “municipality… with jurisdiction over a bike path or bikeway after public notice and public hearing may adopt ordinances or regulations prohibiting or otherwise regulating the operation of electric bicycles on such paths, including, but not limited to, the imposition of speed limits.”
Can a motorized bicycle be ridden on a bike path or Greenway? There is a difference between E-bikes and Motorized Bicycles. According to M.G.L. Ch. 90 Sect. 1B (2) “motorized bicycles may be operated on bicycle lanes adjacent to the various ways, but shall be excluded from off-street recreational bicycle paths.”
Can an e-bike be ridden on a natural trail designated for non-motorized traffic? According to M.G.L. Ch. 85 Sect. 11B 3/4 (d) no.
How are e-bicycles and motorized bicycles different? E-bikes are leveled according to engine power by Class 1 and Class 2 electric bikes, whereas Motorized Bicycles exceed the speed levels of e-bikes. "In Massachusetts, motorized bicycles are treated like regular bicycles. However, a valid driver's license or learner's permit is mandatory for operating a "motorized bicycle," which is defined as any e-bike exceeding the speed (over 20 mph) or power limits for Class 1 or 2 e-bikes, or one that has been modified beyond these limits."
Requirements for Class 1 and Class 2 e-bikes:
· No license required: These e-bikes are not considered "motorized bicycles" under Massachusetts law.
· Age requirement: You must be at least 16 years old to ride an e-bike.
· Registration: Registration with the Registry of Motor Vehicles (RMV) is not required.
· Laws to follow: You must follow all traffic laws that apply to regular bicycles, such as obeying traffic signals and yielding to pedestrians.
· Riding areas: They are allowed on public roadways and bike lanes, but not on sidewalks.
· Riders must wear a helmet.
· Class 1 pedal assist- no throttle, motor cuts off at 20 mph, maximum motor 750 watts, generally allowed on bike paths and trails.
· Class 2 pedal assist-no throttle, motor cuts off at 20 mph, maximum motor 750 watts, often restricted to roads and bike lanes.
Requirement for motorized bicycles:
· License required: If your e-bike exceeds the Class 1 or Class 2 limits, it is considered a "motorized bicycle" and requires a valid driver's license or learner's permit to operate.
· Speed limits: These vehicles cannot go faster than 25 mph.
· Helmet required: Operators and passengers must wear protective headgear at all times.
· Registration: Registration and a license plate are required.
