LEGAL ASPECTS OF BIKE WAY DEVELOPMENT WITH STATE MOTOR VEHICLE AND FUEL TAX REVENUES
This paper reviews the constitutions and legislation of each of the 50 states from the standpoint of obtaining funding for bikeways from motor vehicle and fuel tax revenue. The following questions are addressed: How legal is it to use revenue from motor vehicle and fuel taxes for bikeway construction when the majority of states have legal protection for this revenue, and given this legal question, to whom should bikeway advocates look within state government? It is pointed out that 28 states have constitutional provisions which limit the expenditures of motor vehicle tax monies, while the remaining states have some type of statutory provision for the some purpose. It is maintained, however, that there is "more difference in the process than the ability to use such revenue for bikeway construction". A precedent has been set and statutory interpretations have been made which allow bikeway expenditures from highway funds in either case. The following are pointed out as some of the possible routes for obtaining funding for bikeways: (1) a new statute can be passed, changing the original statute if necessary; (2) existing statutes may be deemed broad enough to include bikeway funding by the Attorney General; and (3) bikeway construction programs could be established by the executive branch so no changes or additions would be necessary. This paper lays out numerous situations and arguments to use in the above circumstances, and gives one the confidence that seemingly probibitive wording can actually be the funding source for bikeways in any state. Examples and citations of successful bikeway funding instances are given, along with possible arguments and legal reasoning for future successes.
Department of Transportation1200 New Jersey Avenue, SE
Washington, DC USA 20590
- Cummins, J
- Publication Date: 1975-4-15
- Features: References;
- Pagination: 88 p.
- TRT Terms: Bikeways; Financing; Laws; Legal factors; Revenues; State government; Tax receipts
- Subject Areas: Finance; Highways; Law; Pedestrians and Bicyclists; Terminals and Facilities;
- Accession Number: 00125395
- Record Type: Publication
- Files: TRIS, USDOT
- Created Date: Oct 18 1975 12:00AM