Advocacy & Safety - FRAP law -- say what?

I keep seeing the term FRAP law. I guess it stands for, Far Right As Possible. What exactly do people mean when they use that term, for instance is Florida a FRAP state? Here's our law http://www.dot.state.fl.us/safety/ped_bike/laws/ped_bike_bikeLaws1.shtm

I kind of get the impression there are different interpretations of FRAP, personally I don't have one since I've never heard of it before. I can't even find it when I google it, at least not anything applicable to bikes.

john, 49 of the 50 states have slow moving vehicle FRAP laws in evidence.

as far right as practicable is a near universal traffic construct for slowly operated vehicles. its no problem.

florida is now, unfortunately, a mandatory bikelane state. bike lane use is mandatory ,with exceptions, anytime there is a roadway bikelane.

you can thank Floridas' crowds of audax style team riders for getting some of your state senators incensed enough to smack some MBl laws your way last year. bummer, eh?

frappability should NOT be a problem. it is a near universal traffic construct applaicable to vehicles operating slower than other traffic present, generally, and provides a standard of road sharing for slowly driven vehicles.

bicyclists in North Carolina, for example, are governed solely by the SMV-FRAP laws and are required to operate FRAP at all times (with exceptions), pursuant to the slow moving vehicle laws of that state. Bikes-FRAP laws in other states are generally written much more permissively for bicyclists full lane use.

I keep seeing the term FRAP law. I guess it stands for, Far Right As Possible. What exactly do people mean when they use that term, for instance is Florida a FRAP state? Here's our law http://www.dot.state.fl.us/safety/ped_bike/laws/ped_bike_bikeLaws1.shtm

I kind of get the impression there are different interpretations of FRAP, personally I don't have one since I've never heard of it before. I can't even find it when I google it, at least not anything applicable to bikes.

No. It's short hand for as "far right as practicable". No state uses the word "possible" in thier FRAP law.

It's short hand for this phrase (and the bicycle-specific law that contains it).

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.2065.html


(5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

it is also shorthand for many states' general FRAP law that applies to bike traffic and all traffic.

It's actually "Far Right As Practicable" which generally allows more leeway than if it said "possible." Florida's FRAP statute at the link you cited is:
"
Roadway position
(Section 316.2065(5) and (6), F.S.)
http://www.dot.state.fl.us/safety/images/arrow.gif A person operating a bicycle on a roadway at less than the normal speed of traffic under the conditions existing must ride in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable [safe] to the roadway's right-hand curb or edge, except under any of the following situations:


when passing another vehicle
when preparing for a left turn
when reasonably necessary to avoid conditions including (but not limited to), a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard
when a lane is too narrow for a bicycle and another vehicle to travel safely side by side."

This is pretty typical although the wording differs slightly in various states. Your impression is correct that there are a variety of interpretations - this is partly because the word "practicable" is not commonly used and has no precise definition. Most consider the term to allow for considerations of the cyclist's safety so that it allows riding far enough from the edge of the roadway to provide some maneuvering room if there are unexpected obstructions and also to avoid door zones of parked cars and to follow a straight path if there is an area with intermittent parked vehicles. But individuals differ as to how much of a margin is reasonable to allow for such safety considerations.

I keep seeing the term FRAP law. I guess it stands for, Far Right As Possible. What exactly do people mean when they use that term, for instance is Florida a FRAP state? Here's our law http://www.dot.state.fl.us/safety/ped_bike/laws/ped_bike_bikeLaws1.shtm

I kind of get the impression there are different interpretations of FRAP, personally I don't have one since I've never heard of it before. I can't even find it when I google it, at least not anything applicable to bikes.

FRAP(Far Right As Practicable) is conditional. Prathmann excellently quoted the Florida statute:

It's actually "Far Right As Practicable" which generally allows more leeway than if it said "possible." Florida's FRAP statute at the link you cited is:
"
Roadway position
(Section 316.2065(5) and (6), F.S.)
http://www.dot.state.fl.us/safety/images/arrow.gif A person operating a bicycle on a roadway at less than the normal speed of traffic under the conditions existing must ride in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable [safe] to the roadway's right-hand curb or edge, except under any of the following situations:


when passing another vehicle
when preparing for a left turn
when reasonably necessary to avoid conditions including (but not limited to), a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard
when a lane is too narrow for a bicycle and another vehicle to travel safely side by side."

This is pretty typical although the wording differs slightly in various states. Your impression is correct that there are a variety of interpretations - this is partly because the word "practicable" is not commonly used and has no precise definition. Most consider the term to allow for considerations of the cyclist's safety so that it allows riding far enough from the edge of the roadway to provide some maneuvering room if there are unexpected obstructions and also to avoid door zones of parked cars and to follow a straight path if there is an area with intermittent parked vehicles. But individuals differ as to how much of a margin is reasonable to allow for such safety considerations.

But the one part of the statute that is not covered in any state is, 'avoiding being driven into the curb'.

While state laws do make a condition to share the lane if possible, that possibility is by, the respective state's opinion courtesy of a local LEO(Law Enforcement Officer), not the judgment call of the cyclist. I hugged the curb earlier this year against my better judgment. The car next to me drifted towards the curb while passing me in the same lane. I crashed as a result because I was basically shoved off the road. The only good thing about the accident was that it happened a block from the firehouse.

Irregardless of some sort of obstruction in the (accident, construction zone, road surface worn away, etc.), if you don't feel comfortable 'hugging the curb', learn to 'take the lane', because again, the judgment of practicality is up to the cyclist, not the state or the motorist.

The only other point to be cognizant of is, the minimum speed law. If you are on a 40MPH road, the minimum is 30MPH. 30MPH is 20MPH. 20MPH is 10MPH and 15MPH is 5MPH.

So since you were unfamiliar with FRAP, don't go on a road with a 30MPH Max. speed limit until you get accustomed to going fast.

It's actually "Far Right As Practicable" which generally allows more leeway than if it said "possible."

This is pretty typical although the wording differs slightly in various states. Your impression is correct that there are a variety of interpretations - this is partly because the word "practicable" is not commonly used and has no precise definition. Most consider the term to allow for considerations of the cyclist's safety so that it allows riding far enough from the edge of the roadway to provide some maneuvering room if there are unexpected obstructions and also to avoid door zones of parked cars and to follow a straight path if there is an area with intermittent parked vehicles. But individuals differ as to how much of a margin is reasonable to allow for such safety considerations.

Oops.

Precise definition is out there, look it up. http://dictionary.reference.com/browse/practicable

Synonyms are 'feasible, workable'.

I use it as 'able to be done safely'. The nice part about the FRAP laws is that they largely give discretion over what is 'feasible' to the rider, not the motorist following. Too bad it's so widely abused in actual practice.

I hear it from ignorant drivers around here as "all the way to the right". Stupid people -- like I'm supposed to pedal with one crankarm over the curb.......

The only other point to be cognizant of is, the minimum speed law. If you are on a 40MPH road, the minimum is 30MPH. 30MPH is 20MPH. 20MPH is 10MPH and 15MPH is 5MPH.
What "minimum speed" law? (No state requires a bicyclist to travel at any particular minimum speed.)


So since you were unfamiliar with FRAP, don't go on a road with a 30MPH Max. speed limit until you get accustomed to going fast.
???

Seriously, where'd that come from?

no doubt.

The only other point to be cognizant of is, the minimum speed law. If you are on a 40MPH road, the minimum is 30MPH. 30MPH is 20MPH. 20MPH is 10MPH and 15MPH is 5MPH.

So since you were unfamiliar with FRAP, don't go on a road with a 30MPH Max. speed limit until you get accustomed to going fast.
There are of course the exceptions to frap.
1. if you are being chased by a giant milkshake
2. if you have dreams of chocolate awaiting you at home
3. orange

The only other point to be cognizant of is, the minimum speed law. If you are on a 40MPH road, the minimum is 30MPH. 30MPH is 20MPH. 20MPH is 10MPH and 15MPH is 5MPH.

What the heck are you talking about?

I really want to see this 10mph window of speed limit explained...

There are of course the exceptions to frap.
1. if you are being chased by a giant milkshake
2. if you have dreams of chocolate awaiting you at home
3. orange
I know you are joking around, but I hear this term "exceptions to frap" and I just don't see it that way. They aren't exceptions but clarifications. If it isn't practicable to make a left turn from the far right lane, then move over. If it isn't practicable to ride over debris, then move left. If it isn't practicable to share the lane, then take it. etc.

AZ- (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/28/00815.htm&Title=28&DocType=ARS)28-815 (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/28/00815.htm&Title=28&DocType=ARS) "A person riding a bicycle on a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:"

Oops.

Precise definition is out there, look it up. http://dictionary.reference.com/browse/practicable

Synonyms are 'feasible, workable'.

I use it as 'able to be done safely'. The nice part about the FRAP laws is that they largely give discretion over what is 'feasible' to the rider, not the motorist following. Too bad it's so widely abused in actual practice.

I hear it from ignorant drivers around here as "all the way to the right". Stupid people -- like I'm supposed to pedal with one crankarm over the curb.......
Sorry, but I saw nothing in your definition link that provides a precise definition - i.e. one where multiple people can apply the definition and reach a clear, factual, conclusion about what is or isn't "practicable." You even say that you include safety considerations (as did I above), yet that is not mentioned in the definition you cited (i.e. riding in the door zone is "feasible" or capable of being done in practice as is demonstrated every day in busy cities, but I don't consider it to be practicable because every once in a while I see bad consequences happen to those who do so).

And, as others have mentioned, I'd like to see any justification for the 'minimum speed law' claim by Chris516. In California, minimum speed laws explicitly can only apply to vehicles that are registered and so do not apply to bicycles and the only place where I've seen minimum speeds has been on a tiny subset of limited-access highways. I'd be very surprised if any state had the kind of broadly applied minimum speed law mentioned by Chris.

Nor do I see any support in the statute for the definition being up to the cyclist. That would be nice, but if a policeman disagrees with your interpretation strongly enough to issue a ticket then it'll be up to a court to decide if his interpretation or yours was correct. So ultimately the interpretation is up to the judge deciding the case.

I keep seeing the term FRAP law. I guess it stands for, Far Right As Possible. What exactly do people mean when they use that term, for instance is Florida a FRAP state? Here's our law http://www.dot.state.fl.us/safety/ped_bike/laws/ped_bike_bikeLaws1.shtm

I kind of get the impression there are different interpretations of FRAP, personally I don't have one since I've never heard of it before. I can't even find it when I google it, at least not anything applicable to bikes.

John,

It means As Far Right As Practicable. Here is the subsection from F.S. 316.2065 (http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.2065.html):

(5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:1. When overtaking and passing another bicycle or vehicle proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a “substandard-width lane” is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.

(b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.

The only other point to be cognizant of is, the minimum speed law. If you are on a 40MPH road, the minimum is 30MPH. 30MPH is 20MPH. 20MPH is 10MPH and 15MPH is 5MPH.
I know other people have already called this statement out, but the lowest speed limits commonly in place are 25mph - how many cyclists can maintain a constant 15mph, including on uphills? That "law" would essentially be banning the vast majority of cyclists.

(Edit)


The only thing a cyclist must absolutely do(which a motorist already has to do) is to go no slower than 10mph below the posted speed limit
Really? Guess I need to work on my sprinting skills so I can maintain 35mph.
I knew I'd seen that before.

Oops.

Precise definition is out there, look it up. http://dictionary.reference.com/browse/practicable

Synonyms are 'feasible, workable'.

I use it as 'able to be done safely'. The nice part about the FRAP laws is that they largely give discretion over what is 'feasible' to the rider, not the motorist following. Too bad it's so widely abused in actual practice.

I hear it from ignorant drivers around here as "all the way to the right". Stupid people -- like I'm supposed to pedal with one crankarm over the curb.......

You ride a bike that's tall enough to have one crank arm over the curb?

The only other point to be cognizant of is, the minimum speed law. If you are on a 40MPH road, the minimum is 30MPH. 30MPH is 20MPH. 20MPH is 10MPH and 15MPH is 5MPH.

In which state or nation?

AZ- (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/28/00815.htm&Title=28&DocType=ARS)28-815 (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/28/00815.htm&Title=28&DocType=ARS) "A person riding a bicycle on a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:"
I know they say "except" but that isn't really needed. It is already not practicable to ride over by the white line in those situations. They are just clarifying some situations. Instead of saying "except" they should say something like Ohio says:

(A) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.

(B) Persons riding bicycles or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles or motorcycles.

(C) This section does not require a person operating a bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane.

BETTER bikelaws than ohios' state bicyclists need only FRAP when faster traffic is present.

and colorados' BIKES FRAP law is one of the most affirmatively worded towards bicyclists, regulating bikes moving slower than traffic use the right LANE, and share only if safe.

bicyclists being required under laws like Ohios' to operate FRAP even with no traffic present kind of blows, to be perfectly honest.

i was riding today in a state that requires FRAP only when riding slower than traffic present.

On a 45mph road, 4 lane , with absolutely no traffic for minutes at a time, I was legally riding middle/ left bias in the outside lane to keep me visible around corners and on hills to approaching traffic from behind as well as potential turning traffic ahead. As traffic approached, i would vehicularily FRAP to facilitate smooth passing.

Being required to FRAP even when there is no other traffic echoes the very restrictive SMV-FRAP constriction that generally require cyclists operate FRAP at all times.

an example of SMV-FRAP laws requiring cyclists always operate FRAP is readily found in the state on North Carolina. a quick check with the state DOT and bicycle regulatory and educational materials all confirm cyclists ride FRAP in North Carolina.

this FRAP always by bikes requirement is clearly and uniformly defined across state lines in multiple states that regulate bikes lane position solely under SMV laws.


Ohio law has a fair number of bike specific exceptions, but not the 'traffic present' exception found in several BIKES-FRAP states.

Bicycle FRAP laws are not the same as Slow Moving Vehicle laws.

In which state or nation?Pretty sure Chris516 is talking about Maryland, and as I recall, they do have some crap laws like that. I do not know of any other state with such laws.

Pretty sure Chris516 is talking about Maryland, and as I recall, they do have some crap laws like that. I do not know of any other state with such laws.
Here (http://law.justia.com/codes/maryland/2010/transportation/title-21/subtitle-8/21-804/) is the Maryland minimum speed laws. I can't find anything supporting what Chris516 said.

ETA: Ah, here (http://law.justia.com/codes/maryland/2010/transportation/title-21/subtitle-3/21-301/) we go, kind of:


(b) Special rule for slow-moving traffic.- On every roadway, except while overtaking and passing another vehicle going in the same direction or when preparing for a lawful left turn, any vehicle going 10 miles an hour or more below the applicable maximum speed limit or, if any existing conditions reasonably require a speed below that of the applicable maximum, at less than the normal speed of traffic under these conditions, shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway.

Stay out of the left lane (except when making left turns) and you're fine, apparently.

My memory of the whole issue is old and no longer complete, but:
Probably a portion of this, that got adopted by Montgomery or PG county as their local minimum speed mandate.
May have even been some deal of just the cops interpreting it as law. It was a messed up deal at any rate.

http://www.nhtsa.gov/people/injury/enforce/speedlaws501/toc/mdspeed.pdf


Minimum Speed Limit: I. A person shall not operate willfully operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. Tran. '21-804(a)
II. A person, who is driving a vehicle either (1) at 10 MPH or more below the posted speed limit or (2) at less than the normal speed of traffic, shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. Tran. '21-
301(b)
Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Highway
Administration or a local government may establish a minimum speed limit
on a highway or part thereof. Tran. ''21-804(b) & 21-1409

Bicycle FRAP laws are not the same as Slow Moving Vehicle laws.\\

that's right. bike traffic is regulated under EITHER the BIKES FRAP laws (generally quite permissive)
OR the SMV-FRAP laws (not nearly as permissive for bike traffic) in 49 of the 50 states.

in some states, bikes are regulated by the SMV-FRAP laws. And in those states SMV FRAP laws are interpreted fairly uniform across state lines. These SMV-FRAP laws uniformly regulate bicyclists to operate FRAP at all times with extremely limited explicit exceptions for full lane use.

bicycle FRAP laws are generally much more permissive.

one thing every rider must be aware of: FRAP laws regulating bike traffic exist in 49 of the 50 states, and in that sole outlier state, bicyclists and slow moving vehicles still possess a long standing common law obligation to share the road and turn out to the right even if there is no statutory obligation to do so.

My memory of the whole issue is old and no longer complete, but:
Probably a portion of this, that got adopted by Montgomery or PG county as their local minimum speed mandate.
May have even been some deal of just the cops interpreting it as law. It was a messed up deal at any rate.

http://www.nhtsa.gov/people/injury/enforce/speedlaws501/toc/mdspeed.pdf

What you quoted above, is from the state traffic code, not some abridgement made by either county. Which is like the laws on riding on the sidewalk. The state law says cyclists are not allowed to ride on the sidewalk. While Montgomery County says cyclists are allowed to ride on the sidewalks. But then, Montgomery County allows for local city governments and municipalities, to side with the state or the county on the law.
The city closest to me sided with the state. Also, I researched it at City Hall and found out the city law came into existence in 1957, when the city was no where near the size it is now and the center of the city was a small intersection next to the train station and, the city law came out of people repeatedly being run into on the sidewalk.

\\

that's right. bike traffic is regulated under EITHER the BIKES FRAP laws (generally quite permissive)
OR the SMV-FRAP laws (not nearly as permissive for bike traffic) in 49 of the 50 states.

in some states, bikes are regulated by the SMV-FRAP laws. And in those states SMV FRAP laws are interpreted fairly uniform across state lines. These SMV-FRAP laws uniformly regulate bicyclists to operate FRAP at all times with extremely limited explicit exceptions for full lane use.

bicycle FRAP laws are generally much more permissive.

one thing every rider must be aware of: FRAP laws regulating bike traffic exist in 49 of the 50 states, and in that sole outlier state, bicyclists and slow moving vehicles still possess a long standing common law obligation to share the road and turn out to the right even if there is no statutory obligation to do so.

This is Bek repeating his refuted and cyclist-inferiority interpretation of the SMV codes just so he can promote and preserve the public's view of cyclists as second-class roadway users. The SMV codes almost uniformly say that the slow driver has the choice of the right-hand lane or as far right as practicable. Since the law offers the choice, the slow driver may exercise his choice. Only where is there no right-hand lane, that is, on an unlaned roadway, is the choice restricted to as far right as practicable.

Not all states even use FRAP wording.

Colorado, for example, is as far right as safe.

See CRS 42-4-1412:


42-4-1412. Operation of bicycles and other human-powered vehicles.

(5) (a) ANY PERSON OPERATING A BICYCLE UPON A ROADWAY AT LESS THAN THE NORMAL SPEED OF TRAFFIC SHALL RIDE IN THE RIGHT-HAND LANE, SUBJECT TO THE FOLLOWING CONDITIONS:

(I) IF THE RIGHT-HAND LANE THEN AVAILABLE FOR TRAFFIC IS WIDE ENOUGH TO BE SAFELY SHARED WITH OVERTAKING VEHICLES, A BICYCLIST SHALL RIDE FAR ENOUGH TO THE RIGHT AS JUDGED SAFE BY THE BICYCLIST TO FACILITATE THE MOVEMENT OF SUCH OVERTAKING VEHICLES UNLESS OTHER CONDITIONS MAKE IT UNSAFE TO DO SO.
See all of 42-4-1412 for the full exceptions.

Not all states even use FRAP wording.

Colorado, for example, is as far right as safe.

See CRS 42-4-1412:


See all of 42-4-1412 for the full exceptions.

FRAP and 'FRAS' are the same thing, just a different last word.

4511.55 in Ohio says this:
4511.55 Operating bicycles and motorcycles on roadway.
(A) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.

(B) Persons riding bicycles or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles or motorcycles.

(C) This section does not require a person operating a bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane.
-----

So Ohio doesn't have a "FRAP" ["far right as practicable"] but a "as near to the ride SIDE of the roadway as PRACTICABLE" law. Prior to 2006, section (C) was not in the law.

The word "practicable" is not defined. It is used frequently in many contexts and in many different statutes in Ohio law - some 230+ times. However, when you do a Lexis search, only 7 cases pop up citing 4511.55

I have always argued in "bike" cases that "practicable" does NOT mean "hug the white line" but means "safe and reasonable" - arguing that the Ohio legislature would not mandate a lane position that is not safe and reasonable.

The OHio Bicycle Federation pushed the addition of Section (C). We wrote it, and it became part of the Better Bicycling Bill, which was passed into law in 2006. Section (C) shows not "exceptions" but circumstances when "practicable" might mean taking more of the lane - or even taking the entire lane when the lane is too narrow. Thus, not an "exception" but factors which expand the concept of what can be considered "practicable."

So "FRAP" in Ohio is a dynamic concept. It can change foot by foot depending on conditions. A practicable place to ride can change on the same section of the same road day to day or hour by hour. A rain storm, shattered beer bottle, debris, gravel, pothole, parked car, etc can ALL be considered when determining if your lane position is safe and reasonable and, therefore, "practicable."

Steve Magas

Bicycle FRAP laws are not the same as Slow Moving Vehicle laws.


MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949OPERATION OF BICYCLES, MOTORCYCLES AND TOY VEHICLES


257.660 Bicycles…; operation on roadway; use of bicycle path; passing; operation of bicycle or moped on sidewalk… (http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-257-660)Sec. 660.


(1) A person operating an electric personal assistive mobility device, low-speed vehicle, or moped upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. A motorcycle is entitled to full use of a lane, and a motor vehicle shall not be driven in such a manner as to deprive a motorcycle of the full use of a lane. This subsection does not apply to motorcycles operated 2 abreast in a single lane.
(2) A person riding an electric personal assistive mobility device, motorcycle, or moped upon a roadway shall not ride more than 2 abreast except on a path or part of a roadway set aside for the exclusive use of those vehicles.
(3) Where a usable and designated path for bicycles is provided adjacent to a highway or street, a person operating an electric personal assistive mobility device may, by local ordinance, be required to use that path.
(4) A person operating a motorcycle, moped, low-speed vehicle, or electric personal assistive mobility device shall not pass between lines of traffic, but may pass on the left of traffic moving in his or her direction in the case of a 2-way street or on the left or right of traffic in the case of a 1-way street, in an unoccupied lane.
(5) A person operating an electric personal assistive mobility device on a sidewalk constructed for the use of pedestrians shall yield the right-of-way to a pedestrian and shall give an audible signal before overtaking and passing the pedestrian.
(6) A moped or low-speed vehicle shall not be operated on a sidewalk constructed for the use of pedestrians.
(7) A low-speed vehicle shall be operated at a speed of not to exceed 25 miles per hour and shall not be operated on a highway or street with a speed limit of more than 35 miles per hour except for the purpose of crossing that highway or street. The state transportation department may prohibit the operation of a low-speed vehicle on any highway or street under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety.
(8) This section does not apply to a police officer in the performance of his or her official duties.
(9) An electric personal assistive mobility device shall be operated at a speed not to exceed 15 miles per hour and shall not be operated on a highway or street with a speed limit of more than 25 miles per hour except to cross that highway or street.
(10) The governing body of a county, a city, a village, an entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or a township may, by ordinance, which is based on the health, safety, and welfare of the citizens, regulate the operation of electric personal assistive mobility devices on sidewalks, highways or streets, or crosswalks. Except as otherwise provided in this subsection, a governing body of a county, city, village, entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or township may prohibit the operation of electric personal assistive mobility devices in an area open to pedestrian traffic adjacent to a waterfront or on a trail under their jurisdiction or in a downtown or
central business district. Signs indicating the regulation shall be conspicuously posted in the area where the use of an electric personal assistive mobility device is regulated.
(11) Operation of an electric personal assistive mobility device is prohibited in a special charter city and a state park under the jurisdiction of the Mackinac Island state park commission.
(12) Operation of an electric personal assistive mobility device may be prohibited in a historic district.
(13) The department of natural resources may by order regulate the use of electric personal assistive mobility devices on all lands under its control.
257.660a Operation of bicycle upon highway or street; riding close to right-hand curb or edge of roadway; exceptions. (http://legislature.mi.gov/doc.aspx?mcl-257-660a)A person operating a bicycle upon a highway or street at less than the existing speed of traffic shall ride as close as practicable to the right-hand curb or edge of the roadway except as follows:

(a) When overtaking and passing another bicycle or any other vehicle proceeding in the same direction.
(b) When preparing to turn left.
(c) When conditions make the right-hand edge of the roadway unsafe or reasonably unusable by bicycles, including, but not limited to, surface hazards, an uneven roadway surface, drain openings, debris, parked or moving vehicles or bicycles, pedestrians, animals, or other obstacles, or if the lane is too narrow to permit a vehicle to safely overtake and pass a bicycle.
(d) When operating a bicycle in a lane in which the traffic is turning right but the individual intends to go straight through the intersection.
(e) When operating a bicycle upon a 1-way highway or street that has 2 or more marked traffic lanes, in which case the individual may ride as near the left-hand curb or edge of that roadway as practicable.
Just two subsections of one law.

But in Vancouver, BC
City of Vancouver Street and Traffic By-Law No. 2849
(as of March 30, 1999)

Slow Moving Vehicles

59.
The driver of every slow moving vehicle shall drive such vehicle as close as possible to the right hand edge or curb of any street unless it is impracticable to travel on such side. For the purpose of this section a bicycle shall be regarded at all times as a slow moving vehicle.

Massachusetts is not a FRAP state, has no FRAP reference nor requirement.

Neither are bicycles "slow moving vehicles" see eg. MGL ch.90,sec.1 et.seq..

Specifically bicycles in Massachusetts have a full and equal right to the travel lane, MGL ch.85, sec.11B. Interestingly, MGL ch.85, sec.11B is often cited as the "Massachusetts Bicycle Law." While this is generally accepted, it is not complete either. Specifically the most recent (2009) amendments to the Massachusetts General Laws as relating to bicycle operation and bicycles did rewrites to certain sections of chapter 85, but also added bicycle specific language to some sections of chapters 89 ("The Law of the Road" chapter) and 90 ("Motor Vehicle and Aircraft" chapter) adding specific bicycle language to clarify the motorists duties when approaching a bicyclist in or on the road. (Note, a pedal bicycle in Massachusetts is not a "motor vehicle" but merely a "vehicle" and has been the law of the Commonwealth for a very long time.)

About as close as Massachusetts comes to FRAP is in MGL ch.85, sec.11B(1) which does not "relieve a bicyclist of the duty to facilitate overtaking as required by section 2 of chapter 89." MGL ch.89, sec.2, and MGL ch.90, sec.14 were amended during the most recent Bicycle Law update to specifically and explicitly require motor vehicle operators when approaching a bicycle to exhaust several other alternatives to attempt a pass.
As with any vehicle about to be passed, a bicyclist generally "shall not unnecessarily obstruct" the passing vehicle. MGL ch.89,sec.2. That is it, and that general language has not been held to require FRAP for bicycles in Massachusetts. Additionally, however, this general duty, not to unnecessarily obstruct, is secondary to the specific duty of the approaching and passing vehicle to "slow, "move left" into all or "part of adjacent lane" or to "wait" until safe to do so, especially as related to bicycles. MGL ch.89, sec.2 and MGL ch.90, sec.14 which as stated has new and specific verbiage regarding passing bicycles.

HTH as far as Massachusetts is concerned
zac

Title: Law defines bicycles as slow moving vehicles
http://shermanoaks.patch.com/articles/law-defines-a-bicycle-as-a-slow-moving-vehicle-3

Anybody in/near Sherman Oaks know how far this has gone in regards to AG's opinion?

Bicycle FRAP laws are not the same as Slow Moving Vehicle laws.

Very true, and a frequent source of confusion in this group.

In Washington State, both laws apply to bicycles.

The bicycle-specific law says:

RCW 46.61.770

Riding on roadways and bicycle paths.


(1) Every person operating a bicycle upon a roadway at a rate of speed less than the normal flow of traffic at the particular time and place shall ride as near to the right side of the right through lane as is safe except as may be appropriate while preparing to make or while making turning movements, or while overtaking and passing another bicycle or vehicle proceeding in the same direction. A person operating a bicycle upon a roadway or highway other than a limited-access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near to the left side of the left through lane as is safe. A person operating a bicycle upon a roadway may use the shoulder of the roadway or any specially designated bicycle lane if such exists.

(2) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.




The more general slow-moving vehicle law says:


RCW 46.61.427

Slow-moving vehicle to pull off roadway.

On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow moving vehicle, behind which five or more vehicles are formed in a line, shall turn off the roadway wherever sufficient area for a safe turn-out exists, in order to permit the vehicles following to proceed. As used in this section a slow moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.






Note that the bicycle-specific "far right as safe" law applies whenever a bicycle is moving "a rate of speed less than the normal flow of traffic at the particular time and place", regardless of how many lanes a road has or what difficulties an overtaking vehicle might experience in passing the cyclist.

The "slow moving vehicle" law, on the other hand, applies only "On a two-lane highway where passing is unsafe," and when "five or more vehicles are formed in a line" behind the slow-moving vehicle -- a much more narrowly-defined situation.

Complying with the bicycle-specific "far right as safe" law never requires a cyclist to pull off the road to let others pass; the more narrowly-tailored "slow moving vehicle" rule does, if there's a safe place to pull off.


One further source of confusion and conflation, "impeding" is separately regulated, and in many states applies only to motor vehicles:

RCW 46.61.425

Minimum speed regulation — Passing slow moving vehicle.


(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law: PROVIDED, That a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 (http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.120) on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.

4511.55 in Ohio says this:
4511.55 Operating bicycles and motorcycles on roadway.
(A) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.

(B) Persons riding bicycles or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles or motorcycles.

(C) This section does not require a person operating a bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane.
-----

So Ohio doesn't have a "FRAP" ["far right as practicable"] but a "as near to the ride SIDE of the roadway as PRACTICABLE" law. Prior to 2006, section (C) was not in the law.

The word "practicable" is not defined. It is used frequently in many contexts and in many different statutes in Ohio law - some 230+ times. However, when you do a Lexis search, only 7 cases pop up citing 4511.55

I have always argued in "bike" cases that "practicable" does NOT mean "hug the white line" but means "safe and reasonable" - arguing that the Ohio legislature would not mandate a lane position that is not safe and reasonable.

The OHio Bicycle Federation pushed the addition of Section (C). We wrote it, and it became part of the Better Bicycling Bill, which was passed into law in 2006. Section (C) shows not "exceptions" but circumstances when "practicable" might mean taking more of the lane - or even taking the entire lane when the lane is too narrow. Thus, not an "exception" but factors which expand the concept of what can be considered "practicable."

So "FRAP" in Ohio is a dynamic concept. It can change foot by foot depending on conditions. A practicable place to ride can change on the same section of the same road day to day or hour by hour. A rain storm, shattered beer bottle, debris, gravel, pothole, parked car, etc can ALL be considered when determining if your lane position is safe and reasonable and, therefore, "practicable."

Steve Magas

yeah, and how's all that relate to sharing the lane and road in Ohio anyway, bike lawyer guy? that law sure READS like it prescribes sharing the road if safe to do so.

isn't that right.

Very true, and a frequent source of confusion in this group.

In Washington State, both laws apply to bicycles.

.....

i am surprised but went back and reread the RCW..... it appears washington state does not have a FRAP law for slow moving vehicles, it has a SMV- pull off roadway law.

yes, a frequent source of confusion :rolleyes:

many states have a SMV FRAP law that regulates slow moving vehicles operate FRAP.

SMV FRAP laws sometimes are supplemented by, but are distinctly different from, "pull off roadway onto an improved shoulder" laws.

yes, it is a bit confusing, as joshua has illustrated.

there are clearly written SMV FRAP provisions in states like Idaho that apply to vehicles and not bikes....

"Upon all highways any vehicle proceeding at less than normal speed of traffic at the time and place and under the conditions then existing, shall be driven in the right-hand lane available for traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway."


because Idaho has a BIKES-FRAP law that supplants and overrides the general SMV-FRAP laws.....

"POSITION ON HIGHWAY. (1) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
(a) When overtaking and passing another bicycle or vehicle proceeding in the same direction.
(b) When preparing for a left turn at an intersection or into a private road or driveway.
(c) When reasonably necessary to avoid conditions including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to continue along the right-hand curb or edge."



and thats' the way it is in over 40 states....... the SMV and BIKES FRAP laws do NOT both apply, in any state. a SMV-POR law is an entirely different animal.

most states regulate bicycle traffic to operate, generally speaking, as near to the right as is practicable and safe in the presence of faster traffic overtaking. it appears two, maybe three states do not have a general SMV-FRAP requirement. I previously had thought Arkansas was the only outlier...


here is a comment from a highly regarded online resource on improving bicycle laws.... i think john allen contributed the bulk of the article..... i do NOT think the article interprets Massachusetts law correctly.


Most states have a rule requiring slow-moving vehicles to keep to the right. (Massachusetts again is an exception: that state requires all drivers to use the right lane except when passing or preparing a left turn.) The standard version (UVC) of this statute reads as follows:

“Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road, alley, or driveway.”

if you look into how the general SMV-FRAP laws govern bike traffic, they are fairly uniformly interpreted across state lines by their state DOT's to require bikes operate FRAP on ALL roads with very few exceptions for full lane use.

far better the generally more permissive bikes-FRAP laws as illustrated by that bike lawyer guy.

i am surprised but went back and reread the RCW..... it appears washington state does not have a FRAP law for slow moving vehicles, it has a SMV- pull off roadway law.

yes, a frequent source of confusion

many states have a SMV FRAP law that regulates slow moving vehicles operate FRAP.

SMV FRAP laws sometimes are supplemented by, but are distinctly different from, "pull off roadway onto an improved shoulder" laws.

yes, it is a bit confusing, as joshua has illustrated.

there are clearly written SMV FRAP provisions in states like North Dakota that apply to vehicles and not bikes.....

"Upon all roadways any vehicle proceeding at less than the normal speed of traffic at
the time and place and under the conditions then existing must be driven in the
right-hand lane then available for traffic,or as close as practicable to the right-hand
curb or edge of the roadway, except when overtaking and passing another vehicle
proceeding in the same direction or when preparing for a left turn in an intersection or
into a private road or driveway."

and there are states that have SMV-FRAP laws that apply to all vehicles and do not have bike specific FRAP laws.

most states have some form of SMV-FRAP law that regulates bicycle traffic to operate, generally speaking, as near to the right as is practicable and safe in the presence of faster traffic overtaking. only arkansas is absent a SMV-FRAP requirement. Massachusetts is an odd bird, but has a slowly driven traffic shall not unduly delay and shall turnout' law applicable but written in a nearly impenetrable yankee legalese.

here is a comment from a highly regarded online resource on improving bicycle laws.... i think john allen contributed the bulk of the article.....

Originally Posted by a guide to improving bicycle laws
Most states have a rule requiring slow-moving vehicles to keep to the right. (Massachusetts again is an exception: that state requires all drivers to use the right lane except when passing or preparing a left turn.) The standard version (UVC) of this statute reads as follows:

“Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road, alley, or driveway.”

Bek, the Massachusetts turn out requirement for slower moving traffic, as you say, appears in many different variations of several sections and subsections of the General Laws as relate to road and highway use. I will note that much of it applies to highway use of which bicycles are specifically excluded from traveling, so therefore, not relevant to bicycles. The remainder of similar language is limited to slow moving "motor vehicles:" generally farm tractors, construction equipment and implements, trailers, and various other underpowered but otherwise motor vehicles and not bicycles, by definition. Yes, Mass does have a use the right lane, but this is not a stay to the right of the lane requirement. It should also be noted, that it is legal to pass on the right, in an adjacent lane in Massachusetts if one is available.

HTH
zac

zac, you may think bikes need not share the road in Massachusetts, but savvy cyclists share the road if safe. massachusetts traffic law - written in convoluted yankee legalese - DOES regulate bikes to share the road if safe to do so.

here's what your state DMV has to say about pulling to the right - its QED..

"If you are being passed by another vehicle, you must slow down and stay to the right. Allow
the other driver to pass safely."

and here it is spelled out in the actual commonwealth of massachusetts rules of the road....

" Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on visible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.'

besides - isn't it the considerate thing to do?

sharing the road when safe to do so is part and parcel with responsible, mature bicycling dontchyaknow. its absolutely FRAPalicious!

zac, you may think bikes need not share the road in Massachusetts, but savvy cyclists share the road if safe. i believe the 'shall not unduly delay' clauses in massachusetts law - written in nearly impenetrable yankee legalese - DO regulate bikes to share the road if safe to do so.

besides - isn't it the considerate thing to do?

sharing the road when safe to do so is part and parcel with responsible, mature bicycling dontchyaknow.

Bek, I tend cite authority when trying to explain my positions. That is the nature of my profession. I do not believe that I ever intimated that bikes need not share the road, I was merely and specifically speaking to any FRAP requirement for bicyclists. Your "unduly delay" is specifically "shall not unnecessarily obstruct" and shall "facilitate overtaking" as it now specifically and explicitly applies to bicycles. However, this language and specifically now as applied to bicycles has never been held to require a bicyclist to surrender the road to motor vehicles.

Whether the laws are written in nearly impenetrable yankee legalese...I suppose I am used to said lawyer speak. ;)

Absolutely, sharing the road is the considerate and mature thing to do. Please don't interpret my posts as anything but and attempt to put into less yankee legalese the General Laws of the Commonwealth, as I understand them.

As you know, there is no one size fits all way of riding, and when it comes down to it, an experienced cyclist knows that he has to adapt to certain situations and roads to operate in a safe, sane and predictable manner. I ride for enjoyment (with family in tow), commuting (lower speed), and fitness (higher speed), and in so doing can ride the same roads in three different manners, all dependent upon my own speed and manner or operation and the level of traffic on the road at the particular time. The laws attempt to add predictability to shared road use, but do so with an understanding and acceptance that not all bicyclists have the same abilities and are vulnerable road users.

It amuses me to no end to hear the comments that just because a close pass did not result in contact that it is not to be of concern. Well that is not the intended legislative purpose of the Laws of the Commonwealth. It was recognized that bicyclists can be unpredictable in their direction of travel, due to things beyond their control as well as due to their own lack of control or perfect control. It was because of this recognized and foreseeable unpredictability that the Legislature required the motorist to essentially pass a bicyclist with a greater duty of care than almost any other road user.

(Zac, i hope you can respond to my finished posts instead of responding to my first draft. i edit after posting for clarity.)


right. so you tend to cite authority, zac?



I did for you, just above - your states DMV and the code of the commonwealth of massachusetts.

Bicyclists in Massachusetts have a statutory duty to not delay other traffic and to turn out to the right so as to not unnecessarily delay faster traffic wishing to overtake.

your assertion the law has 'never been held' to form a binding ruling is neither here nor there.

Bike traffic IS regulated under that rule of the road in the commonwealth of massachusetts.


In words used in many other states, operate as near to the right as is safe, or as far right as practicable to share the road with faster traffic wishing to overtake.

that's not that complicated or onerous, is it, zac?


I have always argued in "bike" cases that "practicable" does NOT mean "hug the white line" but means "safe and reasonable" - arguing that the Ohio legislature would not mandate a lane position that is not safe and reasonable.

echoes and is evocative of your
an experienced cyclist knows that he has to adapt to certain situations and roads to operate in a safe, sane and predictable manner.

mesh those practicably safe considerations with the laws of the commonwealth of massachusetts, and bicyclists have the duty to not unnecessarily delay, to turn out to the right, operating safely right to share the road.

QED.

the principles of road sharing and turning out to the right are long standing common law duties that predate and are the foundation for the widespread statutory requirements to do so.

yeah, and how's all that relate to sharing the lane and road in Ohio anyway, bike lawyer guy? that law sure READS like it proscribes sharing the road if safe to do so.

isn't that right.

Do you know what proscribes means? You're saying that the law prohibits sharing the road if it is safe to do so?

sorry, bad spellng, dude. waiting for William Safire to step in.........

prescribe, not proscribe.

let me go back and correct that for you. my bad. i hope you got the intent of my statement despite the poor initial word useage.

what do YOU think about (not my spelling but) cyclists duties in Ohio, then, benjdm - legally prescribed to share the road if safe to do so, ride practicably right?

Benjdm - what is your appraisal of states requirements on bicyclists -

Do cyclists in most states have a statutory duty to share the road and operate to the right, safely, when faster traffic wishes to overtake?

by my read of the laws, this is a duty in 49 of the 50 states.

What are the laws regarding bikes position on roadway in the state that you live in?

Minimum Speed Limit: I. A person shall not operate willfully operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. Tran. '21-804(a)
II. A person, who is driving a vehicle either (1) at 10 MPH or more below the posted speed limit or (2) at less than the normal speed of traffic, shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. Tran. '21-
301(b)
Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Highway
Administration or a local government may establish a minimum speed limit
on a highway or part thereof. Tran. ''21-804(b) & 21-1409
http://www.nhtsa.gov/people/injury/enforce/speedlaws501/toc/mdspeed.pdf

So, "10 MPH or more below the posted speed limit" defines what "too slow a speed is" (related to impeding traffic). It doesn't really add any additional restrictions to bicyclists than the "default position" version of the FRAP law.

Posted minimum speeds are not usual. They are only typically found on limited access highways (where cyclists are typically prohibited).

(Zac, i hope you can respond to my finished posts instead of responding to my first draft. i edit after posting for clarity.)


right. so you tend to cite authority, zac?



I did for you, just above - your states DMV and the code of the commonwealth of massachusetts.

Bicyclists in Massachusetts have a statutory duty to not delay other traffic and to turn out to the right so as to not unnecessarily delay faster traffic wishing to overtake.

your assertion the law has 'never been held' to form a binding ruling is neither here nor there.

Bike traffic IS regulated under that rule of the road in the commonwealth of massachusetts.


In words used in many other states, operate as near to the right as is safe, or as far right as practicable to share the road with faster traffic wishing to overtake.

that's not that complicated or onerous, is it, zac?


echoes and is evocative of your

mesh those practicably safe considerations with the laws of the commonwealth of massachusetts, and bicyclists have the duty to not unnecessarily delay, to turn out to the right, operating safely right to share the road.

QED.

the principles of road sharing and turning out to the right are long standing common law duties that predate and are the foundation for the widespread statutory requirements to do so.


Please don't change your posts after the fact, couple of reasons: First, no, I will not go back and review, as I have no idea when you are finished editing. I will respond to the post as is quoted; secondly, reserve your edits for grammar and spelling and perhaps clarity, but leave the substantive changes for another post, just makes things easier to follow along.

I am not entirely sure what your post is getting at with respect to my original post here. I was posting that Mass does not have a FRAP provision nor requirement as far as bicycles are concerned. My original post cites the relevant laws here in the Commonwealth. If you would like to point out the Massachusetts FRAP provision, or the statute that requires bicycles to turn out and surrender the road to overtaking vehicles, I would be glad to review, as I have seemed to overlook those requirements.

Additionally, if you cite common law, please point me to the relevant Massachusetts case that so interprets a FRAP requirement to the relevant Massachusetts General Law or Regulation as it applies to bicycles, again, I seem to be unaware of it. Keeping in mind, of course, all the new language and specific language that relates to bicycles on the road.



right. so you tend to cite authority, zac?
Please see my post #34. I guess I am unsure then what you mean by citing authority.




I did for you, just above - your states DMV and the code of the commonwealth of massachusetts.

Which authority is that? I do not see any Massachusetts statutory, CMR, nor case references in your post, but I may have missed it.




that's not that complicated or onerous, is it, zac?
You don't need to be condescending about it. I enjoy a good discussion. However, I will not engage this.

the commonwealth of massachussetts words their road sharing requirement a bit more archaically than states that have adopted the UVC, zac. your original post DID NOT cite the relevant statute, zac. you ARE overlooking the relevant statute in the commonwealths' law of the road.



"Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on visible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle."

overtaken vehicles give way to the right, dude. share the road, FRAP say what? :roflmao:

since i can't go back and add to my posts for Zac, here's some more grist..... asking if your states laws are too complicated or onerous is NOT condescending, look at the level of misunderstanding about road sharing laws exhibited by many of the posters to this thread.


As with any vehicle about to be passed, a bicyclist generally "shall not unnecessarily obstruct" in massachusetts, coupled to the law obligating slowly driven vehicles give way to the right work in conjunction to require cyclists to safely move right so as to share the road and not unnecessarily obstruct if turning out to the right is safe......

come on, zac. operating safely right, operating as far right as is safe and practicable, required to "turn out to the right", HOWEVER the statutory duty is written, operation of bikes on roads in the presence of faster traffic is simple and QED.

49 of the 50 states have a FRAP (or similarly worded or of similar intent) requirement of bicyclists.

its NOT an onerous condition to share the road and turn out to the right if safe to do so, to not unduly obstruct faster traffic wishing to overtake now, is it, Zac? its statutory law in the commonwealth of massachusetts.

not to mention savvy, traffic smart cycling.

49 of the 50 states states regulate bicycle traffic to operate, generally speaking, as near to the right as is practicable and safe in the presence of faster traffic overtaking so as to not unduly delay faster traffic wishing to overtake.

Share the road.

Zac - you have to learn to ignore Bek - his Law-Degree-In A-Box from the Crackerjack School of Law provides him with exclusive authority to expectorate definitive legal analysis of the laws of all 50 states. When you see his 'wisdom' just step away from the computer and don't let it touch you... if you engage, it just gets muckier and muckier...

For example his "so as not to unduly delay faster traffic wishing to overtake" language is just bogus. There is no such concept in the traffic law - otherwise bikes would be pulling over for mail trucks who would be pulling over for overloaded dump trucks who would be pulling over for busses who would be pulling over for cars who would be pulling over for Ferraris...

Steve Magas

Zac - you have to learn to ignore Bek - his Law-Degree-In A-Box from the Crackerjack School of Law provides him with exclusive authority to expectorate definitive legal analysis of the laws of all 50 states. When you see his 'wisdom' just step away from the computer and don't let it touch you... if you engage, it just gets muckier and muckier...

For example his "so as not to unduly delay faster traffic wishing to overtake" language is just bogus. There is no such concept in the traffic law - otherwise bikes would be pulling over for mail trucks who would be pulling over for overloaded dump trucks who would be pulling over for busses who would be pulling over for cars who would be pulling over for Ferraris...

Steve Magas

Yeah, I know, and I know better, got bored is all. Still waiting for his Mass FRAP reference...the part of 89/2 that he lists in post #47 logically does not apply to bicycles, (it is part of 89/2 which I cited earlier). It was a bit muddy before the most recent law change, as it was one of those provisions that by it's nature did not logically apply to bicyclists. I guess he can't comprehend the full meaning of the entire sentence. He would do well to read the legislative history too, to know why, but I guess that only judges and lawyers do that to determine legislative intent, when the plain meaning of the statute is entirely clear. I am done in here.


Just to edit my own post, since it has not been replied to yet: Assuming even arguendo that phrase does apply to bicycles, how exactly is that FRAP? Where is the requirement to ride to the right as far as practicable? when in fact the law of the Commonwealth spefically grants bicycles the full and equal right to the travel lane MGL 85/11B? All that phrase is, is a requirement to yield to the overtaking vehicle after a pass and not to speed up and prevent a clean return to the lane. I fail to see how a bicycle would even do that.

Steve, I enjoy you posts too, best clearing that docket.