§ 2301. Definitions
As used in this chapter:
(1) "Bicycle" means every pedal-driven device propelled by human power having two or more wheels on which a person may ride, including a so-called pedal vehicle which may have an enclosed cab.
(2) "Bicycle route" means any lane, way, or path, designated by appropriate signs, that explicitly provides for bicycle travel.
(3) "Bicycle lane" means a portion of a roadway which has been designated for the preferential or exclusive use of bicycles. It is distinguished from the portion of the roadway for motor vehicle traffic by a paint stripe or similar device. Paved road shoulders are considered bicycle lanes.
(4) "Bicycle path" means a separate trail or path which is for the preferential or exclusive use of bicycles, when authorized by state law or municipal ordinances. Where a trail or path forms a part of a highway, it is separated from the roadway for motor vehicle traffic by an open space or barrier.
(5) "Highways" include all facilities defined in subdivisions 1(12), (20), and (23) of this title.
(6) "Sidewalk" means the portion of a street or highway right-of-way designated for primary or exclusive pedestrian use. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 15, eff. June 3, 1993; 2009, No. 50, § 93.)
§ 2302. Establishment and maintenance
The agency may establish and maintain bicycle routes separately or in conjunction with the construction, reconstruction, or maintenance of an existing or new highway. In so doing, the agency may use funds from any available source. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 16, eff. June 3, 1993.)
§ 2303. Rules
The secretary may adopt rules concerning the development and use of bicycle routes, pursuant to the provisions of 3 V.S.A. chapter 25. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 17, eff. June 3, 1993.)
§ 2304. Repealed. 1993, No. 61, § 24, eff. June 3, 1993.
§ 2305. Agency powers and duties
(1) may acquire, in accordance with the procedures of 19 V.S.A. chapter 5 or by gift, any real property or interest in real property that shall be necessary or appropriate for the development of bicycle routes;
(2) shall assist and cooperate with regional planning commissions, municipal governments, other state agencies, and citizens' groups in the development and construction of local and regional bicycle projects and in the application for any funds available for these projects. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 18, eff. June 3, 1993; 1997, No. 38, § 16, eff. May 28, 1997.)
§ 2306. Repealed. 1993, No. 61, § 24, eff. June 3, 1993.
§ 2307. Municipalities; legislative bodies
(a) Legislative bodies of municipalities shall have the same powers granted the agency under sections 2302, 2303, and 2305 of this title relating to highways under their jurisdiction and funds appropriated to municipalities under section 306 of this title may be used for the establishment of bicycle routes.
(b) In the construction, reconstruction, alteration, or repair of bicycle routes which involves the taking of private lands, the legislative body of a municipality shall follow the procedures outlined in chapter 5 or chapter 7 of this title for the taking of private land for highways. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 175 (Adj. Sess.), § 12, eff. May 15, 1992; 1993, No. 61, § 19, eff. June 3, 1993.)
§ 2308. Repealed. 1993, No. 61, § 24, eff. June 3, 1993.
§ 2309. Liability of landowner
No landowner shall be liable for any property damage or personal injury sustained by any person who is using, for any purpose permitted by state law or by a municipal ordinance, bicycle routes or sidewalks constructed on the landowner's property pursuant to this chapter, unless the landowner charges a fee for the use of the property. Landowner immunity from liability with regard to sidewalks under this section shall not extend to damage or injury to the extent that it arises from negligent, reckless, or willful acts of the landowner. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 20, eff. June 3, 1993; 2009, No. 50, § 95.)
§ 2310. Pavement of highway shoulders
(a) Notwithstanding the provisions of section 10c of this title, it is the policy of the state to provide paved shoulders on major state highways with the intent to develop an integrated bicycle route system and make the shoulders safer for pedestrian traffic. This shall not apply to the interstate highway and certain other limited access highways.
(b) Any construction, or reconstruction, including upgrading and resurfacing projects on these highways, shall maintain or improve existing access and road surface conditions for bicycles and pedestrians along the shoulders of these highways, unless the area is adequately served by bicycle and pedestrian paths that are not located along the shoulders of these highways, or unless the agency deems it to be cost-prohibitive. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 21, eff. June 3, 1993; 1995, No. 140 (Adj. Sess.), § 3; 2007, No. 209 (Adj. Sess.), § 10.)
§ 2311. Cooperating agencies
For the purposes of this chapter, the agency of natural resources shall assist the agency of transportation in matters relating to the recreational use and the availability of government funds which might be used for the purposes of this chapter. The agency of commerce and community development shall assist the agency of transportation in matters relating to bicycle tourism. (Added 1993, No. 61, § 22, eff. June 3, 1993; amended 1995, No. 190 (Adj. Sess.), § 1(a).)
§ 2312. Statutory construction
The provisions of this chapter shall not be construed to limit the powers of any governmental body under any other law or municipal charter. (Added 1993, No. 61, § 23, eff. June 3, 1993.)