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a high speed brush by tonight

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Road Cycling “It is by riding a bicycle that you learn the contours of a country best, since you have to sweat up the hills and coast down them. Thus you remember them as they actually are, while in a motor car only a high hill impresses you, and you have no such accurate remembrance of country you have driven through as you gain by riding a bicycle.” -- Ernest Hemingway

a high speed brush by tonight

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Old 08-28-09, 10:55 AM
  #26  
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Originally Posted by Latitude65
Does the law in your state specify a minimum clearance distance when a motorized vehicle passes a bicycle? If not then the motorist was following the rules. Can't find fault in that, even though it is uncomfortable to the biker. If so, then maybe your local cycling organization can step up its' educational campaign?
No it doesn't. Even witout a 3 foot law, the motorist has an obligation to operate the vehicle in a safe manner, and to pass another vehicle only when it is safe to do so. I can think of several traffic laws buzzing a cyclist breaks just on the top of my head; reckless driving, driving too fast for conditions, unsafe passing, etc. Also if you could prove intent, you've gone beyond a mere traffic violation to the crime of assault.

The 3 foot law gives an objective measure for what's too close in passing a cyclist, but it doesn't mean you can buzz cyclists without a 3 foot law in place.
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Old 08-28-09, 01:04 PM
  #27  
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Originally Posted by merlinextraligh
No it doesn't. Even witout a 3 foot law, the motorist has an obligation to operate the vehicle in a safe manner, and to pass another vehicle only when it is safe to do so. I can think of several traffic laws buzzing a cyclist breaks just on the top of my head; reckless driving, driving too fast for conditions, unsafe passing, etc. Also if you could prove intent, you've gone beyond a mere traffic violation to the crime of assault.

The 3 foot law gives an objective measure for what's too close in passing a cyclist, but it doesn't mean you can buzz cyclists without a 3 foot law in place.
I know you this is correct in the appreciation of the written laws, but I have to tell you all that the reality of this is that nobody, law enforcement most of all, give a crap about any of us getting buzzed or hit or killed for that matter. Once you are hit, it does not matter whose fault is it or what the law is. Your injuries or life will never compare to the ticket (if that much) the a-hole driver could get.

Just for my own amusement, I just got off the phone with the Sherif's department on my county. Let's get passed the strong defensive and ignorant attitude most law enforcement have along with the self entitled "I am always right" disposition. This conversation was the poster child for it!!! I was basically asking how should I pursue drivers that intentionally buzz me while riding appropriately and within the law, those that do it on purpose, and those endangering my life and the life of others. What it boiled down to is that unless they actually hit me, they will do nothing. At best, if I have a documented witness or more and can prove it was intentionally, it is a "he said-she said situation". Those are not pursued at all. The most that could ever come of me getting "buzzed by" a fast approaching vehicle is that if I stop on that spot when it happens, call the non-emergency number, wait for a deputy to come and take a report along with my witness's report, and this happens several times in the same spot it "might" be flagged and prompt them to "park a unit on that same spot" to check things out. If they don't see anything when they do, that is the end of it. It was also noteworthy to see how little he seemed to know about the rights of cyclists as vehicle operators on the road. If he, a "law enforcement agent" doesn't know crap about it, how are we to expect others to know or care?

In other words, not a darn thing will come out of it!!!!!!

So, be defensive, let it go, and if you must, get a gun with a concealed weapon's permit and use it for defense when the law is on your side and you feel threatened enough to defend yourself. Let it be know though that I am personally not a gun carrying advocate/supporter, and if anything, quite the opposite. Once someone is injured gain, it doesn't matter whose fault it was.
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Old 08-28-09, 01:17 PM
  #28  
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Originally Posted by merlinextraligh
No it doesn't. Even witout a 3 foot law, the motorist has an obligation to operate the vehicle in a safe manner, and to pass another vehicle only when it is safe to do so. I can think of several traffic laws buzzing a cyclist breaks just on the top of my head; reckless driving, driving too fast for conditions, unsafe passing, etc. Also if you could prove intent, you've gone beyond a mere traffic violation to the crime of assault.

The 3 foot law gives an objective measure for what's too close in passing a cyclist, but it doesn't mean you can buzz cyclists without a 3 foot law in place.
My original post was to determine if the vehicle driver broke any law. The term "buzzed" really has no objective meaning. In this case the cyclist got all worked up and caused a confrontation with a motorist when the motorist may have very well not only been within the law but not have seen any safety concern. Not really a great way to win the hearts and minds of fellow roadway users.

If, on the other hand, there is a objective minimum separation distance in the rules then the cyclist could very well create a teaching moment, IF it is done in the proper manner. Giving the passing motorist the finger is hardly that manner. Nor is it a very good way to win over the general public.

No minimum separation distance? A golden opportunity to work to put one in the law. The associated publicity can bring a lot of attention to the needs of cyclists and the responsibilities of both cyclists and motorists. A side benefit to the legislative work is that should you be hit, you, or your heirs, will have a tool to go after the motorist.

But...bottom line is that no matter what you are operating, be it bike or motor vehicle, being defensive and not letting yourself get worked us it the best way to get through the day unharmed.

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Old 08-28-09, 01:33 PM
  #29  
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I stop and grab my cell phone and start taking pictures. I tell the jerk that I have him and his license number on film and am turning it over to the police to file charges. This ends the conflict pretty fast.

This is the only use I have found for cell phone cameras .
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Old 08-29-09, 03:33 PM
  #30  
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Hi,

I am the original poster and I wish I could give an update but the sheriff has not called back about the outcome. Contrary to some posters our sheriff "IS" concerned about cycling safety and has acted earlier this summer with an unsafe driver. We (a group of 35 cyclists) met with him in April after an incident that caused slight injury and bicycle damage. He told us to call in (911 call) when incidents occur and that they would act. Well they did. We finally caught the same person who had been hassling a thur night group ride (not the one where injuries occurred) but we finally got a license plate number. Well the sheriff visited this person and while he was not charged, we have seen him on subsequent rides and he has behaved like a model citizen. So I believe intervention is what is needed if a plate number can be obtained.

I will follow up once we hear back from the sheriff. curtwally
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Old 08-29-09, 03:47 PM
  #31  
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I hate, absolutely hate drivers who do this. In nyc you get brushed by, by lincoln cars, taxis, and truckers on the road. They don't care about your safety at all. I have learn to not get into rage mode, so to say until i reach them at the stop light. Then i just start going crazy. Most of these drivers are ****ing idiots and don't speak legitimate english to start with so whatever. I just go nuts and they drive away. It's a absolute waste of my energy.
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Old 08-29-09, 03:50 PM
  #32  
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Old 08-30-09, 11:37 AM
  #33  
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Curtwally,

Dare I ask where in Mi this happened? Hope this has a happy outcome for the riders!


The bottom line in this day & age is that not many people have any respect or common courtesy for others any more!

Chris
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