March 28, 1980
Subject: Motor Vehicles; Bicycles; Use of on Streets and Highways Requested By: Curtis B. Yates Bicycle Coordinator Question: Do riders of bicycles have the same rights and responsibilities as operators of other vehicles when using the street and highways. Conclusion: Yes, except as to those which by their nature can have no application. Chapter 20, of the General Statutes of N.C. in applicable parts, reads: § 20-4.01. Definitions.-Unless the context otherwise requires, the following words and phrases, for the purpose of this Chapter, shall have the following meanings:
. . . . (7) Driver.-The operator of a vehicle. . . . . (13) Highway or Street.-The entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The terms "highway" or "street" or a combination of the two terms shall be used synonymously. . . . . (25) Operator.-A person in actual physical control of a vehicle which is in motion or which has the engine running. . . . . (38) Roadway.-That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. . . . . (46) Street.-The entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The terms "highway" or "street" or a combination of the two terms shall be used synonymously. . . . . (49) Vehicle.-Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, exempting devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes of this Chapter bicycles shall be deemed vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of this Chapter applicable to the driver of a vehicle except those which by their nature can have no application. . . . . § 20-171.2. Bicycle racing. -(a) Bicycle racing on the highways is prohibited except as authorized in this section. (b) Bicycle racing on a highway shall not be unlawful when a racing event has been approved by State or local authorities on any highway under their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users." It should be noted that operators of bicycles and mo-peds are exempt from many requirements of the motor vehicle laws including, but not limited to, operators licensing laws, inspections laws and financial responsibility requirements due to the wording of the motor vehicle laws which couple the requirement to motor vehicles rather than just vehicles or to the phrase "registered" or "required to be registered."
Rufus L. Edmisten
Attorney General
William W. Melvin Deputy Attorney General