Zaragoza City Council included in its rider ordinance the possibility that bicycles could circulate on the sidewalks “exceptionally”, a measure that has proved controversial as has the opposition from the Aragonese society (in particular the Pedestrian Sidewalk association arising on account of this issue). Pedal cyclists ‘ association, meanwhile, did not seem to be excited about this possibility, and has been shown against sometimes. You know that this blog we feel that the bike is better on the road, by many factors.
In any case, the judgment is based on the current traffic law still specifies that the bike is a vehicle and therefore your site is on the road. The rules of a municipality, whatever, can not contradict other laws or regulations of higher rank, and therefore certain points of the zaragozana ordinance declared void.
This has several implications: first, issued this ruling by the Supreme Court,it may be extrapolated to the regulations and ordinances of other municipalities that also include this possibility, and thus invalidating.
Now, on May 9, 2014 comes into force the new Law on Traffic and Road Safety, published in the Official Gazette of April 8. This new law does not specify anything about bikes on the sidewalks, but must have a regulatory development , which still do not know … Although Conbici has had access to a draft of the new regulation, drafted in 2013, in which the following is specified:
- In urban areas, it may allow transit bicycles on sidewalks and other pedestrian areas, in the terms established by municipal ordinance.In no event shall afford the bicycle traffic on sidewalks and other pedestrian areas in the following cases:
- a) On the sidewalks that have a width less than 3 meters.
- b) When the density of pedestrians is prevented by causing undue risk or torpor.
- c) A less than 1 meter from the facade of the buildings away.
All children under 14 years old can cycle on sidewalks and other pedestrian areas, provided that the density of pedestrians permits.An adult may accompany one or several minor driving on the sidewalk, under the same conditions.
In the circulation of the cyclist on the sidewalk and other pedestrian areas, pedestrian will always have priority over the cyclist and it must adapt the speed of their march to not jeopardize the normal traffic of these.
Thus, on the one hand the Supreme prevent driving on sidewalks, in accordance with the law in force until May 9, but on the other hand, if the new regulation was adopted with one similar to this wording, allowing it could again when enters into force. at some point it has been said that this will happen before the summer of 2014.
What finally you happen? . As you know go This is like a soap opera: funny uncertainty of whether or not you can ride on the sidewalk, and how.
Update (April 28): the City Council states that abide by the ruling, but that the ordinance as it is valid from the approval of the new General Regulation of Circulation, which expected before September. Thus, between April and September this judgment shall abide, and then not because no longer will be needed. Or something. I’m not sure I understand. And you?
Update (September 24): it turns out that, as the DGT does not stop throwing Regulation, that it was “immediate” approval, the City Council has chosen to comply with the judgment clearing the bike path Pº Independencia and giving 15 days “informative” to cyclists, who grace can no longer travel on sidewalks since 23 September. the Regulation is not and will not know when or what to say in this regard.