Old 09-06-13, 10:01 AM
  #22  
turbo1889
Transportation Cyclist
 
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Location: Montana U.S.A.
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Okay, finished reading the 50+ page ruling by the judge in question in totality.

I'm sticking with my first post on this subject. The law as written and as quoted in the ruling does indeed not have either a specific exception to FRAP for when there are more then one lane in the same direction of travel, or for when marked lane width is too narrow for safe passing.

Thus the fault is with the law itself in that state not with the judges ruling on them, also, if your read the ruling in total the one Cop in question still has to go to trial with several very serious counts still against him that were not dismissed and must be decided at a full trial.

The judge also made it clear in his ruling that it was possible that the individual in question had a valid safety reason to not ride on the shoulder edge or in the right edge of the main travel lane and may have had a valid safety reason to ride in the middle of the lane. It was just that he did not have a codified right to ride in the center of the right lane when there were two lanes in the direction of travel and not pull to the right to allow overtaking motorists to pass without a valid safety reason not to do so.

I was disappointed that the judge in his ruling never addressed the question as to whether law could or could not be viewed as requiring cyclists to get completely out of the marked travel lane and ride on the shoulder to accommodate overtaking traffic. That didn't seem to be very clear in the laws of that state.

I personally think laws should be written such as to clearly state that cyclists cannot be required to ride on the shoulder edge and have a right to use at least part of the main travel lane but if they do choose to ride on the shoulder edge they may legally do so and that by their choice to use the shoulder edge as a bicycle lane it effectively is a bicycle lane immediately around them while they are using it as such and all road rules in regard to marked lanes apply accordingly both to them as cyclists and motorists around them for their equal protection under the law. There is a problem with riding the shoulder edge in some areas under the laws existing where it can be argued that cyclist by riding on the shoulder edge give up their road use rights because the shoulder edge is not part of the main travel way of the road and motorists have been able to use that argument to get away with hitting cyclists on the shoulder edge, usually via. a "right hook" or similar type accident.
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