Originally Posted by
Digital_Cowboy
Ah, but there is a problem with that logic. Today we have the cop instructing ChipSeal (or some other cyclist) to ride in the shoulder, because it's "too dangerous to ride in the lane, today." The following day or week the danger to ChipSeal (or some other cyclist) isn't as great as previously so they're once again taking the lane. The same cop sees ChipSeal (or some other cyclist) riding on the same road in the same manner and pulls them over and this time instead of issuing either a warning and/or instructing them to once again ride in the shoulder the cop either issues a citation or arrests them for failing to obeying a lawful order issued by a well meaning officer. I can see the conversation going something like this:
Cop: I told you yesterday/last week to ride in the shoulder.
ChipSeal/Cyclist: Officer that was yesterday/last week. Today there isn't as much traffic so why do I have to ride in the shoulder?
Cop: Because I instructed you to ride in the shoulder yesterday/last week. Your not riding in the shoulder therefore I have no choice but to issue you a citation, or I'm going to have to arrest you.
By ordering a person who is riding in a legal and safe manner to ride in the shoulder is setting a precedent, that could eventually become a new law.
And that's when it goes to court and the cop learns, or you find out that you misinterpreted the law and the cop wasn't telling you to do something today he was informing you of the correct interpretation of the law.