City Responds to Vehicles Parked in Bike Lanes

This photo was taken in January of 2012.  At this time there were only a few cars parking in the bike lane which, having a lived in bicycle friendly cities for most of my life, spiked a bit of outrage.  This led me to do a bit of research on this issue to figure out if it is actually legal to have both of these uses (parking and bike lanes) occupying one space.  It stands without reasoning that you would never allow cars to legitimately park in a travel lane for motor vehicles at all hours of the day?  Why would this be the case for a bicycle travel lane?  I've seen temporary situations (Madison, WI has lots of them) where cars can park during certain hours of the day but are restricted during others.  Raleigh also has this situation on Ridge road where for part of the day the lane is a bike lane and for part of the day the lane is a travel lane.  I sat on the issue for several months debating the best way to proceed.  Clearly these cars were not going to be ticketed, towed, or moved since Raleigh municipal code allows for parking in a bike lane.  I found that out from responses after reporting these issues on SeeClickFix.

Come August 2012, this situation is still in place and on my commute to and from work I can still only use the westbound bike lane, but the eastbound bike lane has become a parking lane.  From observation, it seems there are even more cars parking now than there were before.  Then, on another bike trip, I find cars parked on Anderson Drive too.  I realize that the city is well-meaning and had been wanting to look into this, but that their intention was to keep putting in bike lanes without addressing that they aren't even able to be utilized.  

On August 2, the following email details my research to the City of Raleigh Bicycle and Pedestrian Coordinator regarding this matter and the contradictions with State Statute:

Jennifer -
It is really unfortunate that cars are allowed to park in bike lanes in the City of Raleigh.  It has always been my understanding that vehicles are not allowed to park in a vehicular travel lane and I would like to hear the justification for Raleigh Municipal Codes allowance for parking in a bike lane.  Perhaps a City Attorney or the Law and Public Safety Committee (cc'd on this email) can help me understand the contradictions I outline regarding this matter.  I have no legal background but would like to get clarification on whether or not there is a contradiction here or if it is truly legally justified (however inappropriate) to allow cars to park  in a bike lane.  

Under state statutes, bicycles are defined as vehicles [§ 20‑4.01.].  A highway is defined as "the entire width between the property right-of-way lines of every way or place of whatever nature, when any part therof is open to the use of the public as a matter of right for the purposes of vehicular traffic."  Therefore a bicycle travel lane is a vehicular travel lane.  The terms "highway" and "street" being synonymous per the statutes, "No person shall park or leave standing any vehicle, whether attended or unattended on the main traveled portion of any highway..."  "[§ 20‑161.]

Under Raleigh Municipal Code under Obstructing traffic," it shall be unlawful for any person to stop, stand or park any vehicle upon a street in such a manner or under such conditions as to obstruct the free movement of vehicular traffic..." [Sec. 11-2171.]  Bicycles, being defined as vehicles, are obstructed by the parking conditions that have been created in a bike lane also under Raleigh City Code which states 'vehicular parking may or may not be allowed in a bike lane.' [Sec. 11-3003.]   

There is a contradiction occurring between the two sections of the Raleigh ordinance.  Bicycles being defined as vehicles under State statute enjoy the same rights and are subject to the same regulations that govern vehicular traffic, with some named exceptions.  Additionally, if municipal ordinance is deemed contrary to the article of the state statute, that it violates the Powers of local authorities [§ 20‑169.] 

Thank you in advance for your expertise and attention on this matter,

In response to the issue, Jennifer Baldwin has been working with the city's attorney's office and recognizes that there are "existing contradictions within the City Code as it relates to bicycle lanes and on-street parking" and the issue was referred to BPAC's planning committee for review.  The Planning Committee met on 8/14/12 to review the entire city code and references to or about bicycles.  They'll continue their review on 9/6/12 for anyone who would like to attend.  The meeting is in room 303 in the Raleigh Municipal Building at 6:00pm.  Hopefully this issue is resolved for all new bike lanes that are installed in Raleigh. 

Moving forward, all of Raleigh's bike facilities should be for... well, biking!