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Old 01-31-2014, 07:49 AM   #4231
Center-stand
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..

http://news.yahoo.com/cyclist-driver...163758620.html

..
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Old 01-31-2014, 07:54 AM   #4232
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seriously?!?
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Old 01-31-2014, 02:37 PM   #4233
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As a bicyclist for way to many years, I have had, rocks, beer bottles fireworks thrown at me, kids slowing down and screaming at me, cars cutting me off or swerving at me, almost hit in an intersection where I stopped and had the right of way, the person in the car who is stopped look at me then went WFT! Did a nice front wheel wheelie. Happened twice last year.
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Old 02-04-2014, 06:16 AM   #4234
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Some pages back, there was discussion about the laws requiring a bicyclist keep as far right as practicable. Lots of discussion about the word practicable and who gets to determine what practicable is. I opined that practicable is in the eyes of the rider. In other words it was a judgement call on the rider's part. Others said it was enforcement who would make the decision.

Here's a case that's going to court. The bicyclist will explain to the judge why he made the lane position choice he did and the case will be tossed, upholding that as far right as practicable is indeed a decision that ultimately belongs to the cyclist.

http://www.bikede.org/2014/01/27/del...ding-his-bike/
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Old 02-04-2014, 08:02 AM   #4235
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Thanks for the link. This cyclist was in the correct spot on the road. Given these circumstances, I would be riding in the same position. A less confident rider would be hugging the right shoulder, inviting cars to pass without considering on-coming traffic. In court, this will be dismissed and the ticket writing cop, embarrassed but soon to be educated as to the rules of the road.
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Old 02-04-2014, 09:04 AM   #4236
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Here is a great article written by a LEO and published in a Law Enforcement Magazine.

Enforce Laws with Mutual Respect

Some good quotes from the article:

Quote:
Most states require cyclists to ride “as

far to the right (FTR) as practicable to the

right-hand curb or edge of the roadway.” This sentence is often

misunderstood. For purposes of the statute language “practicable”

means as close to the right edge as is safe and reasonable under ex-

isting or probable conditions. It does not mean as close as possible

to the right-hand curb or edge of the roadway. Moreover, it is up

to each cyclist to decide where he/she believes is safest. After all,

the cyclist not only has the least protection, but also is passed with

the highest speed differential.
Quote:
More experienced cyclists choose to “control the lane.” By using

a large portion of the lane, cyclists send a clear message to motor-

ists that they must change lanes to pass when safe and legal to

do so. Cyclists legally controlling a narrow lane cannot by defni-

tion “impede traffc” even though they are moving substantially

slower than surrounding traffc. It is important to remember that

a traffc lane is a public utility there for the purpose of moving

people, not merely motor vehicles.
Quote:
The major violations, which cyclists should be stopped and ticketed for are:

1) riding against traffic
2) failure to yield right of way at stop or yield signs;
3) running red lights and
4) riding without required nighttime lighting.


We need to stop cyclists for disobeying

traffic controls. Many cyclists ride through

red lights because they have no fear of

being ticketed. This obvious lawlessness

by some cyclists further increases the animosity felt by many motorists.

If the police won’t enforce traffic laws for bicyclists,

who will? Isn't that part of the police role

in enhancing traffic safety and promoting

voluntary compliance with the law?

The major violations by motorists that

endanger bicyclists are:

1) failure to yield right of way;

2) unsafe passing;

3) harassment or assault; and

4) inattentive or impaired driving.

Ridge screwed with this post 02-04-2014 at 09:10 AM
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Old 02-04-2014, 09:11 AM   #4237
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If the picture in the link shows the typical layout of that road, its obviously a lightly used, low speed road that cars and bikes should be able to share without undue conflict unless one or both intentionally choose to make it an issue.

Was the cyclist unjustly ticketed simply for being on the road, or is there more to it than is being told in the story?
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Old 02-04-2014, 09:21 AM   #4238
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Quote:
Originally Posted by Ridge View Post
Here is a great article written by a LEO and published in a Law Enforcement Magazine.

Enforce Laws with Mutual Respect

Some good quotes from the article

Cyclists legally controlling a narrow lane cannot by defni-

tion “impede traffc” even though they are moving substantially

slower than surrounding traffc. It is important to remember that

a traffc lane is a public utility there for the purpose of moving

people, not merely motor vehicles.
:
That is a false statement, any vehicle substantially obstructing the normal flow of traffic is obligated to make way in a reasonable amount of time when safe and legal.

Control your lane when you must, give way when you can, everybody wins.
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Old 02-04-2014, 09:26 AM   #4239
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That is a false statement, any vehicle substantially obstructing the normal flow of traffic is obligated to make way in a reasonable amount of time when safe and legal.

Control your lane when you must, give way when you can, everybody wins.
That is where you and I disagree. Technically and by definition of the law in my state; I own the full lane when on my bicycle. It is out of courtesy (and self-preservation) that I move to give room for motorized traffic. I DO control the lane when I need to and I DO give way when I can but that is at MY discretion when practicable (there's that pesky word again).

Edit: obstructing the "normal" flow of traffic is an unreasonable expectation in that bicycles are not considered to be part of traffic when, by definition of the law, we are traffic. It's semantics because where "normal" flow in one area may be stop-and-go where bicycles can move more freely and efficiently than cars; other areas will be more conducive to faster movement where bicycles are at more of a kinetic disadvantage.

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Old 02-04-2014, 09:31 AM   #4240
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Quote:
Originally Posted by windmill View Post

Control your lane when you must, give way when you can, everybody wins.
Some cyclists call that "catch and release" and are very good about allowing traffic through when it can be safely accomplished. I have no desire to hold anyone up - only a desire to be safe.
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Old 02-04-2014, 10:18 AM   #4241
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Quote:
Originally Posted by Ridge View Post
That is where you and I disagree. Technically and by definition of the law in my state; I own the full lane when on my bicycle. It is out of courtesy (and self-preservation) that I move to give room for motorized traffic. I DO control the lane when I need to and I DO give way when I can but that is at MY discretion when practicable (there's that pesky word again).

Edit: obstructing the "normal" flow of traffic is an unreasonable expectation in that bicycles are not considered to be part of traffic when, by definition of the law, we are traffic. It's semantics because where "normal" flow in one area may be stop-and-go where bicycles can move more freely and efficiently than cars; other areas will be more conducive to faster movement where bicycles are at more of a kinetic disadvantage.
Once again,
No traffic rule or law gives us right-of-way, they only define our obligation to yield. It applies equally to all that we must meet our responsibilities before we exercise our rights.
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Old 02-04-2014, 10:30 AM   #4242
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Originally Posted by windmill View Post
Once again,
No traffic rule or law gives us right-of-way, they only define our obligation to yield. It applies equally to all that we must meet our responsibilities before we exercise our rights.
To what vehicles am I obligated to yield to that are coming up behind me? Just off the top of my head, I can think of police, fire, emergency, etc but not normal traffic.

Again, as I've stated, I don't desire to hold anyone up - only to ride safely.
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Old 02-04-2014, 10:31 AM   #4243
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Originally Posted by windmill View Post
Once again,
No traffic rule or law gives us right-of-way, they only define our obligation to yield. It applies equally to all that we must meet our responsibilities before we exercise our rights.
That may be true in your state but not here... thus my point.

Quote:
It is important to note that North Carolina law
defines a bicycle as a vehicle with all the rights and
responsibilities that are applicable. [§20-4.01 (49)]
Thus, every law that refers to “vehicle” can apply
to a bicycle. The term “driver” or “operator” in
the statutes also applies to bicyclists. Please see
the Definitions section under General Statutes on
page 27 for the legal meanings of relevant terms that
are considered part of the law.

Yielding Right-of-Way to Vehicles
Bicyclists must yield the right-of-way to other vehicles
in these situations:
• To the vehicle on their right when two vehicles
approach an unsignalized intersection at the
same time. [§20-155(a)]
• To vehicles coming from the opposite
direction when making a left turn onto a road,
alley or driveway. [§20-155(b)]
• To vehicles on a main road when entering
from a side street, driveway, building entrance,
and private road. [§20-156(a)]
• To emergency vehicles when sirens or lights
are turned on. [§20-156(b)]
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Old 02-04-2014, 12:11 PM   #4244
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Quote:
Originally Posted by k7 View Post
To what vehicles am I obligated to yield to that are coming up behind me? Just off the top of my head, I can think of police, fire, emergency, etc but not normal traffic.

Again, as I've stated, I don't desire to hold anyone up - only to ride safely.
Simply apply the same standard you would desire from someone else .

The rules and laws of the road are intended to be observed in their entirety by all users for our mutual benefit, not to be picked and chosen to suit our desires.

It's pointless to play "what if", every situation is unique, hold your line when you must, let others by when you can.

Using a public road is about "we" not "me".
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Old 02-04-2014, 07:23 PM   #4245
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Good point Ridge. An example of where cars impede cyclists and should move aside.... is in a downtown, high volume traffic, bumper to bumper situation. Cars are sitting still or barely moving. In a quid pro quo comparison, the cars should move as far to the right as possible and allow the narrow, faster moving bicycles to pass unimpeded by the 3500 lb steel behemoths. Because after all, the law of the land says that slower moving vehicles should move as far to the right as practical, to allow, me, the faster moving cyclist, to pass. Seems fair.

Quote:
Originally Posted by Ridge View Post
....Edit: obstructing the "normal" flow of traffic is an unreasonable expectation in that bicycles are not considered to be part of traffic when, by definition of the law, we are traffic. It's semantics because where "normal" flow in one area may be stop-and-go where bicycles can move more freely and efficiently than cars; other areas will be more conducive to faster movement where bicycles are at more of a kinetic disadvantage.
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