PROMOTION OF THE USE OF BICYCLES ACT

Article 1(Purpose) #

The purpose of this Act is to contribute to the safety and convenience of bicycle riders and to encourage bicycle riding.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 2(Definitions) #

The terms used in this Act shall be defined as follows:

1. The term “bicycle” means a vehicle that has at least two wheels with driving gears operated by foot- or hand-pedals, a steering system, and a brake system, the size and structure of which are prescribed by Ordinance of the Ministry of Security and Public Administration;

2. The term “facility for bicycle riding” means facilities specified by Presidential Decree for the use of bicycles, including bicycle lanes and bicycle racks;

3. The term “improvement of facility for bicycle riding” means the installation, expansion, paving, maintenance, and management of facilities for bicycle riding;

4. The term “road management authority” means a road management agency under the Road Act, the head of a local government that takes charge of the maintenance and improvement of road networks in agricultural and fishing villages under the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages, or the head of a local government or central administrative agency that designates and publicly notifies routes for bicycle lanes pursuant to Article 7.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 3(Classification of Bicycle Lanes) #

Bicycle lanes shall be classified as follows:

1. Bicycle-only lane: A bicycle lane built separately from a roadway and a sidewalk with a fence, curb, or any similar fixture, only for traffic of bicycles;

2. Dual lane for traffic of bicycles and pedestrians: A bicycle lane divided or built separately from a roadway with a fence, curb, or any similar fixture, for traffic of bicycles and pedestrians;

3. Bicycle-only roadway: The portion of a roadway that is distinguished from motor vehicle lanes by a traffic lane, a safety sign-plate, or a road surface that mark only for traffic of bicycles;

4. Bicycle priority lane: A bicycle lane demarcated by a road surface marking on a certain section of roads and streets that has a motor vehicle traffic volume less than that prescribed by Presidential Decree, to ensure the safe traffic of both bicycles and motor vehicles.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 4(Responsibilities of State and Local Governments) #

(1) The State and local governments shall devise comprehensive measures to encourage bicycle riding, including improving facilities for bicycle riding and promoting the safety and convenience of bicycle riders.

(2) The State may partially subsidize local governments on costs incurred in improving facilities for bicycle riding in order to encourage the improvement of facilities for bicycle riding.

(3) If the State partially subsidize a Si, Gun, or autonomous Gu (hereinafter referred to as “Si/Gun/Gu”) on costs pursuant to paragraph (2), each Special Metropolitan City Mayor, Metropolitan City Mayor, and Do Governor may provide such Si/Gun/Gu, pursuant to the Subsidy Management Act, with subsidies for some of costs that should be otherwise borne by such Si/Gun/Gu.

(4) Necessary matters for encouraging bicycle riding and improving conditions therefor shall be prescribed by ordinance of each local government.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 4-2(Designation and Commemoration of Bicycle Day) #

(1) The Minister of Security and Public Administration shall designate and commemorate the Bicycle Day to enhance the self-esteem of bicycle riders and encourage bicycle riding.

(2) Matters necessary for the designation and commemoration of the Bicycle Day shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 5(Formulation of Bicycling Encouragement Plans) #

(1) Each Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) and the head of each Si/Gun/autonomous Gu (hereinafter referred to as “head of a Si/Gun/Gu”) shall formulate a bicycling encouragement plan (hereinafter referred to as “encouragement plan”) every five years, after seeking opinions from the Commissioner of the competent Regional Police Agency, the chief of the competent police station, the Administrator of the competent Regional Construction Management Administration, etc., as prescribed by Presidential Decree. The same shall also apply to any revision to important matters prescribed by Presidential Decree in such encouragement plan.

(2) Notwithstanding paragraph (1), in cases of national highways for which the Minister of Land, Infrastructure and Transport is the road management authority under Article 20 (1) 1 of the Road Act, the Minister of Land, Infrastructure and Transport may formulate an encouragement plan after seeking opinions from Mayors/Do Governors.

(3) Each encouragement plan shall include the following matters. In such cases, any matter related to a Si/Gun plan among matters included in an encouragement plan shall be in conformity with the National Land Planning and Utilization Act:

1. Basic direction-setting for the improvement of facilities for bicycle riding;

2. An annual encouragement plan;

3. A plan for securing the safety of bicycle riders;

4. Other matters specified by Presidential Decree.

(4) If it is necessary to connect bicycle lanes with those under control of a neighboring local government in formulating an encouragement plan, a Mayor/Do Governor or the head of a Si/Gun/Gu shall consult with the head of such neighboring local government, as prescribed by Presidential Decree; and if a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun intends to formulate an encouragement plan within a national highway or local highway in a Eup/Myeon, he/she shall consult in advance with the competent road management authority.

(5) When a Mayor/Do Governor or the head of a Si/Gun/Gu has formulated an encouragement plan, he/she shall report it to the Minister of Security and Public Administration or the competent Mayor/Do Governor (excluding any Special Self-Governing City Mayor and Special Self-Governing Province Governor; hereafter the same shall apply in this paragraph) without delay. In such cases, the Mayor/Do Governor may request the head of the Si/Gun/Gu to adjust the relevant encouragement plan if it fails to conform to the encouragement plan that he/she has already formulated.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 6(Public Announcement and Inspection of Encouragement Plans) #

A Mayor/Do Governor or the head of a Si/Gun/Gu shall make a public announcement of his/her encouragement plan, as prescribed by Ordinance of the Ministry of Security and Public Administration, and make it available to the general public for inspection in the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province, Si (including any administrative city under Article 15 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City)/Gun/Gu, and non-autonomous Gu. The foregoing shall also apply to any revision to such encouragement plan.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 7(Designation of Routes for Bicycle Lanes) #

(1) Where a Mayor/Do Governor or the head of a Si/Gun/Gu has installed or intends to install a bicycle lane, he/she shall designate the route and give public notice thereof, as prescribed by Ordinance of the Ministry of Security and Public Administration. The foregoing shall also apply to any alteration or cancellation of the bicycle lane route that has been designated and publicly notified.

(2) Notwithstanding paragraph (1), with regard to a bicycle lane that has been installed by the Minister of Land, Infrastructure and Transport and for which the Minister of Land, Infrastructure and Transport has formulated an encouragement plan, he/she shall designate the route and give public notice thereof.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 8(Reflection in Si/Gun Plans, etc.) #

When the head of an administrative agency formulates any of the following plans, he/she shall include plans to facilitate the use of bicycles and to expand and improve facilities for bicycle riding:

1. A Si/Gun plan under the National Land Planning and Utilization Act;

2. A master plan for the improvement of urban traffic systems under the Urban Traffic Improvement Promotion Act;

3. A plan for the development of housing sites, a plan for the development of an industrial or tourism complex, or a plan for the installation, expansion, or renovation of public roads.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 9(Structure of Facilities for Bicycle Riding and Standards for Facilities) #

The structure of facilities for bicycle riding and standards for such facilities shall be prescribed by Joint Ordinance of the Ministry of Security and Public Administration and the Ministry of Land, Infrastructure and Transport.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 10(Maintenance of Facilities for Bicycle Riding) #

(1) Facilities for bicycle riding shall be maintained by each road management authority, except as otherwise provided by this Act or any other Act.

(2) When a road management authority seeks to install, alter or cancel a bicycle lane on a roadway, it shall consult in advance with the Commissioner of the competent Regional Police Agency or the chief of the competent police station.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 10-2(Public Bicycle Leasing Services) #

(1) A Mayor/Do Governor or the head of a Si/Gun/Gu may engage in public bicycle leasing services (referring to the business of leasing bicycles owned or managed by a local government upon collection of rates from the users to make those bicycles available for general public use) to facilitate the use of bicycles.

(2) Matters necessary for public bicycle leasing services under paragraph (1) shall be prescribed by ordinance of each relevant local government to the extent specified by Presidential Decree.

[This Article Newly Inserted by Act No. 12345, Jan. 28, 2014]

Article 11(Installation and Operation of Bicycle Racks) #

(1) Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to establish an on-road parking lot under Article 7 of the Parking Lot Act, he/she shall install bicycle racks on or in the vicinity of the road, as prescribed by Presidential Decree.

(2) At each off-road parking lot established under Articles 12 and 12-3 of the Parking Lot Act, bicycle racks shall be installed, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to the off-road parking lots prescribed by Presidential Decree.

(3) Any person that intends to build or set up a facility under Article 19 of the Parking Lot Act and any project undertaker obligated to install a parking lot in accordance with the housing construction standards, etc. under Article 21 of the Housing Act shall install bicycle racks, as prescribed by Presidential Decree.

(4) Matters necessary for the management, operation, etc. of bicycle racks under paragraphs (1) through (3) shall be prescribed by ordinance of each relevant local government to the extent specified by Presidential Decree.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 11-2(Ensuring Safety on Bicycle Lanes) #

A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall guide citizens not to leave objects, etc. that could impede the traffic of bicycles on bicycle lanes.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 12(Improvement by Public Project Implementers of Facilities for Bicycle Riding) #

Any project operator that installs, expands, or renovates a road or that develops a housing site, industrial complex, tourism complex, or any similar complex shall install bicycle lanes, subject to approval from the competent road management authority, in accordance with the encouragement plan, etc. under Articles 5 and 8, as prescribed by Ordinance of the Ministry of Security and Public Administration: Provided, That the foregoing shall not apply where any reason specified by Presidential Decree exists otherwise.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 13(Preparation and Preservation of Register of Bicycle Lanes, etc.) #

(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall prepare and keep a register of bicycle lanes, as prescribed by Ordinance of the Ministry of Security and Public Administration.

(2) A Mayor/Do Governor or the head of a Si/Gun/Gu shall endeavor to make and distribute maps of bicycle lanes that include bicycle pathways, bicycle crossings, parking racks and related traffic facilities, which are all adjacent thereto, mainly focusing on the routes of bicycle lanes under Article 7.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 13-2(Operation of Bicycle Repair and Maintenance Centers) #

(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may install and operate bicycle repair and maintenance centers at community centers, multipurpose social welfare centers, etc.

(2) Matters necessary for the operation of bicycle repair and maintenance centers shall be prescribed by ordinance of each local government.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 14(Legal Fiction of Authorization, Permission, etc. under other Acts) #

(1) If the route of a bicycle lane is designated and publicly notified pursuant to Article 7, the following permission, license, decision, authorization, approval, etc. shall be deemed granted:

1. Permission to execute river works under Article 30 of the River Act, permission to occupy and use a river under Article 33 of the same Act, or permission to use river water under Article 50 of the same Act;

2. Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act and a reclamation license of public waters under Article 28 of the same Act;

3. Permission for or reporting on cutting standing timber or any similar activity under Article 36 (1) or (4) of the Creation and Management of Forest Resources Act or under Article 9 (2) of the Forest Protection Act;

4. Permission to lumber standing trees or bamboo or perform any similar activity under Article 14 of the Erosion Control Work Act, or cancellation of designation of any land treated for erosion or collapse control under Article 20 of the same Act;

5. Permission to convert farmland under Article 34 (1) of the Farmland Act;

6. Determination of park planning under Articles 12 through 14 of the Natural Parks Act.

(2) Any road management authority that seeks to execute construction works for a bicycle lane or to approve the installation of a bicycle lane pursuant to Article 12 shall consult with related agencies in advance, if any matter specified in any of the subparagraphs of paragraph (1) is involved.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 14-2(Evaluation of Implementation Status of Measures to Encourage Bicycle Riding) #

(1) The Minister of Security and Public Administration may evaluate the implementation status, etc. of measures taken by local governments for encouragement of bicycle riding.

(2) Local governments whose results of evaluation under paragraph (1) turned out to be excellent may be provided with budget support, etc.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 15 #

Deleted. <by Act No. 9844, Dec. 29, 2009>

Article 16 #

Deleted. <by Act No. 5685, Jan. 21, 1999>

Article 17 #

Deleted. <by Act No. 9844, Dec. 29, 2009>

Article 18 #

Deleted. <by Act No. 9844, Dec. 29, 2009>

Article 19 #

Deleted. <by Act No. 5685, Jan. 21, 1999>

Article 20(Prohibition on Abandonment of Bicycles without Permission) #

(1) No one shall abandon a bicycle without permission on a road or bicycle rack or at any other public place, in a manner that causes interruption to traffic.

(2) A Mayor/Do Governor or the head of a Si/Gun/Gu may move, store, sell, or otherwise dispose of any bicycle that violates paragraph (1), as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 21(Education, etc. for Bicycle Riding) #

(1) The head of each elementary or secondary school shall provide education on traffic safety relating to bicycle riding within the extent prescribed by the Elementary and Secondary Education Act.

(2) Each Mayor/Do Governor and the head of each Si/Gun/Gu shall provide education on traffic safety relating to bicycle riding, etc. to residents.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 22(Registration of Bicycles) #

(1) Any person that has a bicycle may register his/her bicycle with the head of the competent Si (limited to a Si with no Gu therein, but including an administrative city under Article 17 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereafter the same shall apply in this Article and Article 23)/Gun/Gu (including a non-autonomous Gu; hereafter the same shall apply in this Article and Article 23), as prescribed by Ordinance of the Ministry of Security and Public Administration.

(2) Each Mayor/Do Governor shall share information on bicycles registered with the heads of Sis/Guns/Gus under his/her jurisdiction and manage it in an integrated manner.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 23(Delegation of Authority) #

The head of a Si/Gun/Gu may delegate his/her affairs concerning the registration of bicycles under Article 22 to the heads of Eups/Myeons/Dongs, as prescribed by Ordinance of the Ministry of Security and Public Administration.

[This Article Wholly Amended by Act No. 12345, Jan. 28, 2014]

Article 24 #

Deleted. <by Act No. 9844, Dec. 29, 2009>

Article 25 #

Deleted. <by Act No. 9844, Dec. 29, 2009>

Article 26 #

Deleted. <by Act No. 9844, Dec. 29, 2009>

Article 27 #

Deleted. <by Act No. 9844, Dec. 29, 2009>

Article 28 #

Deleted. <by Act No. 9844, Dec. 29, 2009>

Article 29 #

Deleted. <by Act No. 9844, Dec. 29, 2009>