3. In deciding whether the County was on notice of a dangerous condition on the roadway s shoulder, the Court considers basic principles of law governing roadways. The Motor Vehicle Code provides that a roadway is the portion of highway generally used for vehicular travel; the shoulder borders the roadway and is for emergency use; and vehicles are not bicycles. Bicyclists are directed to ride as near to the right side of the roadway as practicable. While they may be inclined to ride on the shoulder, they have no special privileges if they do

4. ...Plaintiff offered no evidence that the shoulder was routinely used as a bicycle lane, which might implicate a different standard of care. The generally intended purpose of the shoulder is for emergency use.

5. Even if the County had notice that the depression was a dangerous condition, a reasonable jury could not find that the failure to repair it was palpably unreasonable...A public entity might reasonably give lesser priority to the shoulder of a roadway, which is not intended for ordinary travel.

39:1-1 Words and phrases defined.
...
"Driver" means the rider or driver of a horse, bicycle or motorcycle or the driver or operator of a motor vehicle, unless otherwise specified.
...
"Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways, collectively.

39:4-14.1 Rights, duties of bicycle riders on roadways, exemptions.

16. a. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by chapter four of Title 39 of the Revised Statutes and all supplements thereto except as to those provisions thereof which by their nature can have no application.

Regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.

b.A law enforcement officer operating a bicycle while in the performance of his duty, and who is engaged in the apprehension of violators of the law or of persons charged with, or suspected of, a violation shall not be subject to the provisions of this section.

L.1951,c.23,s.16; amended 1999, c.283.

39:4-14.2. Keeping to right; exceptions; single file
Every person operating a bicycle 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; provided, however, that any person may move to the left under any of the following situations:

(a) to make a left turn from a left-turn lane or pocket;

(b) to avoid debris, drains or other hazardous conditions that make it impracticable to ride at the right side of the roadway;

(c) to pass a slower moving vehicle;

(d) to occupy any available lane when traveling at the same speed as other traffic;

(e) to travel no more than two abreast when traffic is not impeded.

Persons riding bicycles upon a roadway may travel no more than two abreast when traffic is not impeded, but otherwise shall ride in single file except on paths or parts of roadways set aside for the exclusive use of bicycles.