Originally Posted by
boomerang
There was an OK shoulder when the car passed. The cyclist could have been there, but wasn't. He may have to explain why he chose not to stay as far right as practicable in that section of roadway.
In the states where I've lived the legal definition of the roadway does not include the shoulder; i.e. the roadway is only the space between the foglines and riding as far right as practicable does not impose any burden to use the shoulder (although most states do allow bikes to do so if they choose). Haven't checked Mass. law on their definition of roadway but I'd be surprised if it didn't also exclude the shoulder.