Old 05-03-11 | 02:54 PM
  #33  
njkayaker
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From: Far beyond the pale horizon.
Originally Posted by genec
If the road were filled with horse drawn wagons (parade) that is the normal speed.
There are laws that make exceptions for "parades" ("exceptions" don't define "normal").

Originally Posted by genec
If the road is filled with bumper to bumper motor vehicles moving at 2 MPH (rush hour) that is the normal speed.
Yes, obviously. The law does not require anybody to break physical laws. And your words and examples clearly indicate that it isn't a single vehicle that defines what "normal" is!

Originally Posted by genec
Conditions dictate "normal speed"
No one is arguing that "conditions" play a part in determining what "normal speed" is.

Originally Posted by genec
indeed it can be defined by "unusually" slow vehicles, whether those vehicles are motor vehicles or not.
No, if they could reasonably speed up, pull over, or keep to the right, they would "indeed" be impeding traffic (in some way). That is, they would not be driving the "normal speed".

Originally Posted by genec
As to whether a cyclist could define "normal speed" is still somewhat debatable as cyclists in CA are not defined as vehicles, but "human powered devices."
They can't because then they would never have to move over!

That is, if they could define the "normal speed", the "move over" law would be a logical absurdity!

If one's interpretation of a law is logically absurd, it's not the correct interpretation!

The ruling was reversed by the City Attorney because Woolley was riding at a speed greater than traffic. The Judge had made his ruling based on what the posted speed limit was on El Cajon Boulevard (35 mph), not based on what the speed of traffic on the road actually was at the time of the incident.
So what? The law only talks about going slower than the normal speed. Anyway, I never said that "normal speed" was exclusively defined by the posted speed limit.

Last edited by njkayaker; 05-03-11 at 03:19 PM.
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