An interesting observation about taking the lane
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Heres a little twist to the conversation. Last October I was rear ended by a car that didnt see me, so I was hit at full speed (45 mph). The way my body hit his car, If I hadnt been taking the lane, my spine would have hit the support beams of the windshield (most likely killing me or at least paralyzing me), rather than right in the middle where the roof crumpled instead. This position saved my life as the impact shattered 1 vertebrae and fractured another. I had a bone fragment from the shattered one about to pierce my spinal cord resulting in 5 1/2 hours of emergency surgery. If the road isnt wide enough to give 3 feet of passing room without crossing the center line, I take the lane everytime no matter what.
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If no law makes it illegal, it's legal.
That said, this page from DPS says this --
... seems pretty straightforward. Lane splitting does *not* have you driving as nearly as practical in a single lane.
That said, this page from DPS says this --
... seems pretty straightforward. Lane splitting does *not* have you driving as nearly as practical in a single lane.
The DPS quote is clearly written to discourage lane splitting; they even indicate (admit) there is no specific law that addresses it...so as you said, "If no law makes it illegal, it's legal". DPS is wrong in saying "The main statute that makes "lane splitting" illegal is...shall drive as nearly practical entirely within a single lane". "Practical" is undefined, it's the police officer's discretion to determine what's practical when writing a ticket, and the judges discretion to decide what's practical in determing guilt.
If it's a clear case of illegality, ask yourself why the law was written to include practical (open to interpretation). It's similar with bicycle laws..."a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless: ...(B) too narrow for a bicycle and a motor vehicle to safely travel side by side.".
https://www.statutes.legis.state.tx.u...htm/tn.551.htm
Getting back to bicycles, the above law supports my taking the lane in "normal-sized" traffic lanes. Encouraging passing traffic to share my lane is rarely practicable, more so because of Texas' required 3 foot minimum passing allowance.
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I'm not a lawyer but I'd have thought "shall drive as nearly practical entirely within a single lane" requires drivers to keep a vehicle in one lane rather than straddling two lanes, i.e. not driving right down the middle taking up both lanes when there are two lanes going the same way. "As nearly practical" seems to provide an exception for things like overtaking manouevres where it's necessary to straddle both lanes while moving from one to the other.
If you've got a wide lane and you're passing other vehicles that are in the same lane as you are, and your (narrow) vehicle remains entirely within one lane (even if it is the same lane as the other vehicle) then it would seem you're complying with the requirement to "drive entirely within a single lane".
If you've got two lines of stationary traffic then riding along the white line down the middle could be argued to violate the "entirely within a single lane" but if you were to move from one side to the other you could easily argue that you were staying within one lane except when you changed lanes, and you only moved from the lane when that movement could be made safely.
If you've got a wide lane and you're passing other vehicles that are in the same lane as you are, and your (narrow) vehicle remains entirely within one lane (even if it is the same lane as the other vehicle) then it would seem you're complying with the requirement to "drive entirely within a single lane".
If you've got two lines of stationary traffic then riding along the white line down the middle could be argued to violate the "entirely within a single lane" but if you were to move from one side to the other you could easily argue that you were staying within one lane except when you changed lanes, and you only moved from the lane when that movement could be made safely.
Your point also highlights that when a motorist straddles two lanes of traffic to pass a bicyclist, since they're not driving entirely within a single lane, it could be considered unlawful, or similar to DPS' claim, it is illegal. The law states "shall drive as nearly practical entirely within a single lane", so changing lanes entirely is more lawful than sharing a lane. Actually, when a motorist straddles two lanes to pass a bicyclist...that is lane splitting!
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Heres a little twist to the conversation. Last October I was rear ended by a car that didnt see me, so I was hit at full speed (45 mph). The way my body hit his car, If I hadnt been taking the lane, my spine would have hit the support beams of the windshield (most likely killing me or at least paralyzing me), rather than right in the middle where the roof crumpled instead. This position saved my life as the impact shattered 1 vertebrae and fractured another. I had a bone fragment from the shattered one about to pierce my spinal cord resulting in 5 1/2 hours of emergency surgery. If the road isnt wide enough to give 3 feet of passing room without crossing the center line, I take the lane everytime no matter what.
Last edited by Bike Rat; 07-16-13 at 12:01 PM.
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Excellent point! Now it's even more clear that DPS is trying to argue against lane splitting in spite of its lawfulness. Lane splitters do not "ride the dots", they are within a lane and as needed change lanes. While in a lane, they sometimes are sharing that lane with another vehicle as space allows...just as a motorist sometimes shares a lane with a bicycle.
Your point also highlights that when a motorist straddles two lanes of traffic to pass a bicyclist, since they're not driving entirely within a single lane, it could be considered unlawful, or similar to DPS' claim, it is illegal. The law states "shall drive as nearly practical entirely within a single lane", so changing lanes entirely is more lawful than sharing a lane. Actually, when a motorist straddles two lanes to pass a bicyclist...that is lane splitting!
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Conclusion: Lane splitting is not illegal.
That's where the "as nearly practical" clause comes into play - any manoeuvre that involves moving from one lane to another involves temporarily straddling two lanes and it's clearly absurd to make changing lanes illegal. My understanding of that clause would be that if you're changing lanes you straddle the line, if you're overtaking you straddle the line, but within a reasonable amount of time (whatever "reasonable" means) you either move entirely to the other lane or return entirely to your original lane.
Last edited by Bike Rat; 07-16-13 at 04:31 PM.
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That's the really interesting part, DPS is trying to assert illegality with a law that doesn't pertain to the action. Lane splitting isn't even driving in two lanes like they infer, it's splitting (sharing) one lane with another user.
Conclusion: Lane splitting is not illegal.
Conclusion: Lane splitting is not illegal.
If we're getting that specific, then as long as the cyclists are riding two abreast it's not illegal since no passing is taking place. It would only become illegal when one cyclist overtakes the other.
Oh the details you demand of me...yes, it's "absurd to make changing lanes illegal". Straddling is driving within two lanes at one time, as if often done when a cyclist is passed. Changing lanes is crossing over the lane divider from one lane to another.
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... if you're saying that lane splitting is sharing a lane with another vehicle, than OK, though it could still be prohibited by other laws (I do not know.) Note that most of the time a car driver will drive in the middle of the lane, and there's not enough space on either side for a motorcycle to also be in the lane without "spilling" into an adjacent lane.
If you're saying that lane splitting is riding on the line, then no, as that fairly clearly violates "shall drive as nearly as practical entirely within a single lane" bit, and police can and do ticket for it, and judges don't just throw such tickets out.
Just the other day I saw a (uni)cyclist complain on Facebook that he had gotten a ticket while lane splitting on his unicycle here in Austin ...
Perhaps, though cyclists riding two abreast is explicitly permitted in Texas law --
551.103. OPERATION ON ROADWAY.
...
(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.
If you're saying that lane splitting is riding on the line, then no, as that fairly clearly violates "shall drive as nearly as practical entirely within a single lane" bit, and police can and do ticket for it, and judges don't just throw such tickets out.
Just the other day I saw a (uni)cyclist complain on Facebook that he had gotten a ticket while lane splitting on his unicycle here in Austin ...
If it is illegal to pass something within the same lane then logically it must also be illegal for cyclists to ride two abreast in any circumstances.
551.103. OPERATION ON ROADWAY.
...
(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.
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Perhaps, though cyclists riding two abreast is explicitly permitted in Texas law --
551.103. OPERATION ON ROADWAY.
...
(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.
551.103. OPERATION ON ROADWAY.
...
(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.
If the law explicitly forbids riding more than two abreast presumably if two cyclists are riding two abreast a third cyclist is still allowed to overtake them?
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I don't think it has to do with the racer image, as much as we would like that to be true. It has more to do with the bum image. When a person sees a bicyclist, on a transportation bicycle they assume the rider is a bum (whatever that word means in your mind); or, someone who has lost their right to drive. We don't like to say it; but, we all know this is what a lot of people think when they see a transportation cyclist.
On the other hand, a recumbent is likely being ridden by choice, probably the choice of a kook; but, a choice all the same. Further, most bents look expensive, thus indicating that the rider may be a member of their own social class.
On the other hand, a recumbent is likely being ridden by choice, probably the choice of a kook; but, a choice all the same. Further, most bents look expensive, thus indicating that the rider may be a member of their own social class.
It's funny you should say bum, because I was recently thinking about how others perception of me when I'm cycling influences their behavior toward me. Like many forum members I presume, I have several bicycles, and I ride all over my city, good parts and bad. So depending on which bike ridden, area of town, clothing choice, and riding style...how am I classed along my own sometimes unfortunate stereotypes of other riders...the kid dealing drugs, the guy who can't afford a car, the guy who chooses to bike, the pleasure rider, racer wannabe, the crappy bike guy, hipster wannabe, etc., and how does it effect motorist behavior.
PS: Oh, there is another recumbent rider, him I hate seeing, or maybe I should say I'm glad I eventually see him. He rides the multi-use greenway trail, since he's comparatively low to the ground and hidden by both brush and shade, I'm usually surprised by what is his seemingly sudden appearance. He also is a middle-aged white guy, but not kooky looking, lol.
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I don't think it has to do with the racer image, as much as we would like that to be true. It has more to do with the bum image. When a person sees a bicyclist, on a transportation bicycle they assume the rider is a bum (whatever that word means in your mind); or, someone who has lost their right to drive. We don't like to say it; but, we all know this is what a lot of people think when they see a transportation cyclist.
On the other hand, a recumbent is likely being ridden by choice, probably the choice of a kook; but, a choice all the same. Further, most bents look expensive, thus indicating that the rider may be a member of their own social class.
On the other hand, a recumbent is likely being ridden by choice, probably the choice of a kook; but, a choice all the same. Further, most bents look expensive, thus indicating that the rider may be a member of their own social class.
See the two images below.
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Of course higher gas prices also increase anger against cyclists. We can claim that "we pay taxes too;" but, it does not reduce the belief that the transportation cyclist is gelling something for nothing. You have no idea how happy I was to see that the last Economics text I picked for my class did away with the use of a bicyclist as an example of a free rider. I suspect several generations that have gone to college have it in their heads that bicyclist is a free rider.
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Heres a little twist to the conversation. Last October I was rear ended by a car that didn't see me, so I was hit at full speed (45 mph). The way my body hit his car, If I hadn't been taking the lane, my spine would have hit the support beams of the windshield (most likely killing me or at least paralyzing me), rather than right in the middle where the roof crumpled instead. This position saved my life as the impact shattered 1 vertebrae and fractured another. I had a bone fragment from the shattered one about to pierce my spinal cord resulting in 5 1/2 hours of emergency surgery. If the road isn't wide enough to give 3 feet of passing room without crossing the center line, I take the lane every time no matter what.
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You know perfectly well that when you wear your "playing in the street" costume you will be perceived differently than you will when you are seen as the dregs of society. That isn't to say that you will be thought of well; after all, you are clearly out playing in the street (in the eyes of the auto driver) while they feel that they had "important things to do" and "places to be."
Of course higher gas prices also increase anger against cyclists. We can claim that "we pay taxes too;" but, it does not reduce the belief that the transportation cyclist is gelling something for nothing. You have no idea how happy I was to see that the last Economics text I picked for my class did away with the use of a bicyclist as an example of a free rider. I suspect several generations that have gone to college have it in their heads that bicyclist is a free rider.
Of course higher gas prices also increase anger against cyclists. We can claim that "we pay taxes too;" but, it does not reduce the belief that the transportation cyclist is gelling something for nothing. You have no idea how happy I was to see that the last Economics text I picked for my class did away with the use of a bicyclist as an example of a free rider. I suspect several generations that have gone to college have it in their heads that bicyclist is a free rider.
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... if you're saying that lane splitting is sharing a lane with another vehicle, than OK, though it could still be prohibited by other laws (I do not know.) Note that most of the time a car driver will drive in the middle of the lane, and there's not enough space on either side for a motorcycle to also be in the lane without "spilling" into an adjacent lane.
When motorcycling, the only time I ever split lanes was in crawling or stopped bumper-to-bumper traffic, and I did it at a very slow speed. I felt it impractical to sit in traffic when I had both the ability and avenue to progress forward. Many cars would scoot over to allow me greater passing room, and there was the occasional driver who would try to block me...surely out of jealousy of my forward movement. I felt that if they were able, most drivers would have split lanes in those situations as well. I think it also helped that I had the appearance of a responsible motorcyclist with a low-key (not loud) cruiser, rather than a "biker" or "crotch-rocket", and at my slow speed, I obviously wasn't being a jerk about it.
I lived in central Austin for a year. I remember seeing Austin cyclists ticketed for riding on the sidewalk downtown, riding against traffic on one-way streets. There's so many bicycle law breakers there, it's not something the police can overlook. In order to maintain their control APD clamps down on the most minor of offenses, and they don't tread lightly. I saw a cop responding to a minor incident on 6th, his van (drunk tank) was impeded by the crowd, so he exited his car, pushed a bicyclist in front of his car off his bike, picked up the bike and threw it out of his way, then challenged all onlookers to do something about it. Oh, to be a legally sanctioned silverback.
Off-topic, but I also witnessed an APD cop assist a driver who was backing up to parallel park downtown. Once parked and out of the car, he ticketed the driver for parking too close to a fire hydrant. Jerkish indeed!
A UT cop gave me a written(?) warning for running a stop sign...my commute took me through campus, I was pushing my largest gear up a hill on San Jancito(?) with a three-way stop sign midway, the cop and I arrived at the intersection at the same time, he clearly was waiting on me so I blew through the stop sign (as I always did there) while looking at him, and him watching me...probably thinking "he's not gonna stop". Anyway, he pulled me over, he was professional, I told him I obviously saw him, he was clearly waiting for me to pass, it seemed as though we had established an eye-contact/body-language understanding that I didn't need to stop since he could see I was pushing at the pedals hard (again, largest gear), blah-blah-blah. The entire time I was thinking, I wonder if he appreciates that I actually stopped when he flashed his lights, that I could have easily eluded him by cutting across campus (was on mtb). So like I said, just a warning.
I'm a native San Antonian. Forr now, bicycle law enforcement here is still quite lax...unless you're riding like a total idiot. I've heard of fixie riders being ticketed for no brake, delivery riders for running lights and sidewalk usage (jumping onto sidewalk to get around traffic). Over the last 2.5 years we've gained a significant hipster and hipster-wannabe bike culture with large organized rides that sometimes flaunt traffic law-breaking...some of the organizers are trying to reverse the trend before it gets too out of hand. We have also gained considerably more recreational riders due to greenway trail development, and B-Cycle users.
I actually set-up a bike specifically for riding on sidewalks...it's my urban assault bike, lol, but its real function is to just enjoy the simple pleasure of casually riding around and exploring like I did when I was a kid.
Congratulations on getting bike share...we beat you, haha! I'm curious what the APD response will be to those using B-Cycle...ticket all users except tourists?
#116
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Do you think this "bum" image holds true when someone is all dressed out Lance-wanna be? I ask because I have always thought I was treated differently when I rode my nice looking "racer bike" and a clean nice jersey (one of only two that I do own) vice when I go out looking all Fred... on my commuter with a T shirt and a vest.
See the two images below.
See the two images below.
Personally, I'd rather appear a Fred for the safety bubble afforded. Besides, it's more fun as a sleeper, a LeMond in Fred clothing.
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Of course higher gas prices also increase anger against cyclists. We can claim that "we pay taxes too;" but, it does not reduce the belief that the transportation cyclist is gelling something for nothing. You have no idea how happy I was to see that the last Economics text I picked for my class did away with the use of a bicyclist as an example of a free rider. I suspect several generations that have gone to college have it in their heads that bicyclist is a free rider.
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Like I have said, we all like to complain; but, in general, the treatment, on the road in America, is excellent. Exceptions, of course there are. However, the trend is lawful courtisy.
I know experienced cyclists that will not even ride in China The level of chaos and general disregard for both others and the law is stunning. I know people like to complain, after all, this firum is mostly about letting off steam; but, take a moment and reflect. In general America is a good place for riding. . . my biggest complaint is that everything is so far apart due to sprawl. But, if you factor in the money you didn't spend on petrol, it is easy to justify going to a store that is a bit closer. The real trouble for American cyclists is getting to work, I have no good answer to that one. I see some solutions here that work; but I doubt American employers would go for the idea.
I know experienced cyclists that will not even ride in China The level of chaos and general disregard for both others and the law is stunning. I know people like to complain, after all, this firum is mostly about letting off steam; but, take a moment and reflect. In general America is a good place for riding. . . my biggest complaint is that everything is so far apart due to sprawl. But, if you factor in the money you didn't spend on petrol, it is easy to justify going to a store that is a bit closer. The real trouble for American cyclists is getting to work, I have no good answer to that one. I see some solutions here that work; but I doubt American employers would go for the idea.
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Like I have said, we all like to complain; but, in general, the treatment, on the road in America, is excellent. Exceptions, of course there are. However, the trend is lawful courtisy.
I know experienced cyclists that will not even ride in China The level of chaos and general disregard for both others and the law is stunning.
I know experienced cyclists that will not even ride in China The level of chaos and general disregard for both others and the law is stunning.
As for Chinese disregard for others...any chance your talking about the prediliction for people pooping in public on the sidewalk since their's no public toilets and the poor are turned away from private establishments.
Last edited by Bike Rat; 07-16-13 at 11:59 PM.
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