According to the Red Eye, a woman was spotted riding a blue Divvy bicycle down the Dan Ryan Expressway two weeks ago. Perhaps what is most surprising about the incident is that riding a bicycle down the Dan Ryan Expressway, on it’s own, does not appear to be illegal.
Stephanie Kemen told Chicago Red Eye that she saw the woman struggling down the interstate in her own lane. Kemen’s boyfriend rolled down the window and yelled to the woman that she was not allowed to ride her bike there, and the woman responded by saying, “I know; I know.” Numerous calls were made to police regarding the woman but by the time the police made it onto I-90, the woman was gone. More than likely, the woman accidentally merged with traffic onto the interstate, and by the time Kemen saw her, it was more dangerous to attempt turning around than simply going with traffic until she reached an off ramp.
There is no State statute which creates a blanket prohibition of riding a bicycle on the interstate. Rather, whatever jurisdiction has control over a roadway is allowed to ban whatever types of vehicles it wishes. For instance, section 711 of the Vehicle code allows the Illinois Department of Transportation to ban bicycles, and other types of vehicles which cannot maintain the minimum speed posted, from accessing expressways within its jurisdiction.
Sec. 11-711. Restrictions on use of controlled access highway.
(a) No person may drive a vehicle onto or from any controlled access highway except at entrances and exits established by public authority.
(b) The Department, with respect to any controlled access highway under its jurisdiction, may prohibit the use of any such highways by pedestrians (except in authorized areas or facilities), bicycles, farm tractors, implements of husbandry, funeral processions, and any vehicle unable to maintain the minimum speed for which the highway is posted, or other non-motorized traffic or by any person operating a motor driven cycle. The Department may also prohibit the use of such highway to school buses picking up and discharging children and mail delivery vehicles picking up or delivering mail. The Department shall erect and maintain official signs on controlled access highways on which such prohibitions are applicable and when so erected no person may disobey the restrictions stated on such sign.
Chapter 11, Section 1426.2 of the Illinois Vehicle code allows municipalities, and other jurisdictions, to ban “low speed” vehicles on certain streets within their respective jurisdictions.
“The unit of local government or the Department of Transportation may prohibit the operation of low-speed vehicles on any and all streets under its jurisdiction. Appropriate signs shall be posted in conformance with the State Manual on Uniform Traffic Control Devices adopted pursuant to Section 11-301 of this Code.
The next question then, is who has jurisdiction over the I-90 Dan Ryan Expressway? According to Jennifer Kuntz, a lawyer with the Illinois Department of Transportation (IDOT), jurisdiction of that portion of the highway has been turned over to the city of Chicago.
So, what ordinances has the City of Chicago enacted with respect to biking on highways?
Chicago Muni. Code 9-52-020(c*) says, “Bicycles shall not be operated on Lake Shore Drive or on any roadway where the operation of bicycles has been prohibited and signs have been erected indicating such prohibition.”
No ordinances have been found which prohibit bicycles or low speed vehicles from accessing I-90.
So, aside from Lake Shore Drive, the only way to know whether biking is prohibited on a particular roadway is if a sign has been erected indicating that it is prohibited.
Read the CBS article about the incident here and please remember, Chicago has a great bike path system so there is no reason to take your bicycle on the Dan Ryan.
