Old 06-21-11 | 12:37 PM
  #30  
John Forester
Senior Member
 
Joined: Mar 2007
Posts: 4,071
Likes: 0
Originally Posted by Bekologist
NYDOT gives limited instruction to bicyclists to keep right in New York state in its dissemination of traffic laws of your state. keep in mind cyclists are subject to mandatory shoulder use in NY, a condition bikes are not subject to in Iowa.

(by no means do i think New York State represents an enlightened legal climate for bicyclists. look to Colorado and its BIKE FRAP law for a most agreeable law regulating bicycle traffic.)

New York "You should generally bicycle as far to the right as is practicable. If there is a safe shoulder, use it instead of the traffic lane. Smart cyclists plot a line straight down the roadway 3-4 feet from the curb or parked cars. This allows them space to avoid road hazards and to be more visible to motorists and pedestrians."

the DOT of Iowa and its instructions to bicyclists to stay right on all roads is clear in their instructions to bicyclists.

DMV manuals educating drivers that bikes are on the road do not provide a compelling interpretation of traffic laws. its nice that they describe safe road operation around bicyclists, that is not where bicycle regulation resides.

Here's the summary: in states with just SMV FRAP laws, bicyclists must still operate FRAP. These requirements are mandatory on all roads of any lane stripe and independent of the width of the lane.

These duties are whitewashed by the bicycle drivers with their dishonest portrayals of 'bikes allowed full use of lane" candyland fantasies about cyclists road rights far removed from reality in states with applicable SMV FRAP laws.

and benj, you do misunderstand the topic if you think Iowa has a BIKES FRAP law. it does not.

Bike traffic in Iowa is governed by a much more restrictive SMV FRAP law.

Cyclists should not fight our road rights in states with BIKES FRAP laws to be suborned to a far more restrictive SMV FRAP condition. Avoid cycling advocacy that makes unsubstantiated, untenable claims about SMV FRAP laws and their operating requirements for bicyclists.
Here is the NY statute for slow-moving vehicles:

New York Vehicle Code Section 1120 ...
(b) In addition, upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

As you can see, this is a rather standard wording. All of Bek's argumentative claims over the past few days rest, although he has not had the courage to admit it, on his claim that this wording, if applied to cyclists on a two-way road, would prohibit cyclists from using the right-hand lane in the normal manner.

There has been no change in Bek's advocacy. He is adamant that cyclists should be subservient to motorists by riding FRAP and using bikeways, thereby advocating the positions of the motoring establishment.
John Forester is offline  
Reply