36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way; Shared Use Paths: Supplemental Notice of Proposed Rulemaking (SNPRM)

R105.5 Defined Terms

Shared Use Path

The SNPRM would add a proposed definition of shared use path in R105.5 to read as follows:

Shared Use Path. A multi-use path designed primarily for use by bicyclists and pedestrians, including pedestrians with disabilities, for transportation and recreation purposes. Shared use paths are physically separated from motor vehicle traffic by an open space or barrier, and are either within the highway right-of-way or within an independent right-of-way.

The proposed definition is based on the AASHTO Guide, which defines a shared use path as a bikeway physically separated from motor vehicle traffic by an open space or barrier, and either within the highway right-of-way or within an independent right of way. The AASHTO Guide notes that pedestrians, including pedestrians with disabilities, also use shared use paths and that they can serve transportation and recreation purposes. See AASHTO Guide, 5.1 Introduction. The U.S. Department of Transportation, Federal Highway Administration (FHWA) defines a shared use path similar to the AASHTO Guide.¹ State transportation departments also define shared use paths similar to the AASHTO Guide.²

As noted in the AASHTO Guide, the primary factor that distinguishes shared use paths and sidewalks is the intended user. Shared use paths are designed for use by bicyclists and pedestrians, including pedestrians with disabilities. Sidewalks are designed for use by pedestrians, including pedestrians with disabilities, and are not intended for use by bicyclists. See AASHTO Guide, 5.2.2, Shared Use Paths Adjacent to Roadways (Sidepaths).

¹ The FHWA defines a shared use path as a multiuse trail or path physically separated from motorized vehicular traffic by an open space or barrier, either within the highway right-of-way or within an independent right of way, and usable for transportation purposes. The FHWA definition of shared use path is available at: http://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/design_guidance/freeways.cfm.

² For example, the Washington State Department of Transportation Design Manual (July 2012) defines a shared use path as a facility physically separated from motorized vehicular traffic within the highway right-of-way or on an exclusive right-of-way with minimal cross flow by motor vehicles. The Washington State Department of Transportation Design Manual is available at: http://www.wsdot.wa.gov/publications/manuals/m22-01.htm.

Public Right-of-Way

The SNPRM would revise the proposed definition of public right-of-way in R105.5 to read as follows:

Public Right-of-Way. Public land acquired for or dedicated to transportation purposes, or other land where there is a legally established right for use by the public for transportation purposes.

The NPRM proposed to define public right-of-way as public land or property, usually in interconnected corridors, that is acquired for or dedicated to transportation purposes. Some shared use paths may cross private land. In these situations, an easement or other legal means is used to establish a right for the public to use the portion of the land that the shared use path crosses for transportation purposes. The SNPRM would revise the proposed definition of public right-of-way to include these situations.