Request By:
Mr. Joe Ward
Staff Writer
The Courier-Journal
The Louisville Times
Louisville, Kentucky 40202
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General on the following five questions:
"1. Can a bicylist pass a car on the right, and if so, under what circumstances?
2. What is the status of a bicyclist under Kentucky's no-fault insurance system?
3. Where there are marked bicycle lanes (Class II Bikeways) , who has the right of way, a bicyclist going straight through an intersection or a motorist who wants to turn right?
4. If a sidewalk bikeway is in use, is a bicyclist considered a pedestrian as far as a motorist is concerned? Must a motorist yield to a bicyclist on a crosswalk, for example?
5. If a cyclist is physically or vocally harassed by persons in a motor vehicle, what recourse does a cyclist have?"
In response to questions 1 thru 4, we can only state that there are no Kentucky statutes or court decisions dealing with bicycle traffic. Some cities in the state may have local ordinances pertaining to bicycle traffic, but this office has no ready access to such ordinances.
In response to question No. 5, if a cyclist is physically or vocally harassed by persons in a motor vehicle, he could make a criminal complaint under KRS 525.070 dealing with harassment. Said statute reads as follows:
"(1) A person is guilty of harassment when with intent to harass, annoy or alarm another person he:
(a) Strikes, shoves, kicks or otherwise subjects him to physical contact or attempts or threatens to do the same; or
(b) In a public place, makes an offensively coarse utterance, gesture or display, or addresses abusive language to any person present; or
(c) Follows a person in or about a public place or places; or
(d) Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
(2) Harassment is a violation."
We would also point out that under Kentucky Constitution Section 1, a person has a right to bear arms in his own defense as long as he does not conceal them. KRS 527.020.